reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 48. Private Alternative Adolescent Residential or Outdoor Programs (Repealed) › Part 1. General Provisions (Repealed) › 37-48-118. Repealed

37-48-118. Repealed.
Sec. 13, Ch. 293, L. 2019.
History: En. Sec. 6, Ch. 178, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 49. Genetic Counseling › Part 1. General › 37-49-101. Purpose

37-49-101. Purpose.
The legislature finds that the profession of genetic counseling profoundly affects the lives of people of this state. It is the purpose of this chapter to provide for the public health, safety, and welfare by ensuring the ethical, qualified, and professional practice of genetic counseling. This chapter and the rules promulgated under 37-49-104 set standards of qualification, education, training, and experience and establish professional ethics for those who seek to engage in the practice of genetic counseling as licensed genetic counselors.
History: En. Sec. 1, Ch. 206, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 49. Genetic Counseling › Part 1. General › 37-49-102. Definitions

37-49-102. Definitions.
As used in this chapter, the following definitions apply:
(1) "Active candidate status" means a person who has met the requirements established by the American board of genetic counseling to take the board's certification examination in general genetics and genetic counseling and has been granted the designation by the board.
(2) "Department" means the department of labor and industry provided for in 2-15-1701.
(3) "Genetic counseling" means the provision of the services specified under 37-49-103 by an individual who qualifies for a license under this chapter.
(4) "Genetic counselor" means an individual licensed in accordance with 37-49-202 to engage in the competent practice of genetic counseling.
History: En. Sec. 2, Ch. 206, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 49. Genetic Counseling › Part 1. General › 37-49-103. Scope of practice

37-49-103. Scope of practice.
(1) The practice of genetic counseling involves:
(a) obtaining and evaluating individual, family, and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, the patient's offspring, and other family members;
(b) discussing the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic and medical conditions and diseases;
(c) identifying, ordering, and coordinating genetic laboratory tests and other diagnostic studies as appropriate for genetic assessment;
(d) integrating genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic and medical conditions and diseases;
(e) explaining the clinical implications of genetic laboratory tests and other diagnostic studies and their results;
(f) evaluating the client's or family's responses to the genetic or medical condition or the risk of recurrence of the condition and providing client-centered counseling and anticipatory guidance;
(g) identifying and using community resources that provide medical, educational, financial, and psychosocial support and advocacy; and
(h) providing written documentation of medical, genetic, and counseling information for families and health care professionals.
(2) Nothing in this chapter authorizes a genetic counselor to practice medicine, including treatment or medical management of a patient. If, in the course of providing genetic counseling to a client, a genetic counselor finds any indication of a disease or condition that requires medical assessment or treatment, the genetic counselor shall refer the client to a provider licensed to practice medicine.
History: En. Sec. 6, Ch. 206, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 49. Genetic Counseling › Part 1. General › 37-49-104. Department powers and duties -- rulemaking

37-49-104. Department powers and duties -- rulemaking.
(1) The department shall:
(a) license and renew the licenses of qualified applicants; and
(b) adopt rules related to:
(i) eligibility requirements and competency standards;
(ii) license fees; and
(iii) defining unprofessional conduct that is not included in 37-1-410.
(2) The department may:
(a) adopt rules necessary to implement the provisions of this chapter; and
(b) establish licensure requirements and procedures as appropriate.
History: En. Sec. 3, Ch. 206, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 49. Genetic Counseling › Part 2. Licensing › 37-49-201. Representation or practice as genetic counselor -- license required

37-49-201. Representation or practice as genetic counselor -- license required.
(1) On issuance of a license under this chapter, a licensee may use the title "licensed genetic counselor".
(2) Except as otherwise provided in this chapter, a person may not represent that the person is a licensed genetic counselor by using the title "genetic counselor", "licensed genetic counselor", "gene counselor", "genetic consultant", "genetic associate", or any words, letters, abbreviations, or insignia indicating or implying a person holds a genetic counseling license unless the person is licensed under this chapter.
(3) This chapter does not apply to:
(a) a person licensed by the state as a physician or advanced practice registered nurse or to practice in a profession other than that of genetic counseling when acting within the scope of the person's profession and doing work of a nature consistent with the person's training as long as the person does not represent by title that the person is engaging in the practice of genetic counseling;
(b) any person employed as a genetic counselor by the federal government or an agency of the federal government if the person provides genetic counseling services solely under the direction and control of the organization that is employing the person;
(c) a student or intern enrolled in a genetic counseling educational program accredited by the American board of genetic counseling if the person is designated by the title "genetic counseling intern" and the genetic counseling services performed are:
(i) an integral part of the student's course of study; and
(ii) performed under the direct supervision of a licensed genetic counselor who is assigned to supervise the student and who is on duty and available in the assigned patient care area; and
(d) visiting out-of-state genetic counselors who are certified by the American board of genetic counseling and performing activities and services for a period of less than 30 days each year. A visiting genetic counselor must be licensed if a license is available in the person's home state.
History: En. Sec. 4, Ch. 206, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 49. Genetic Counseling › Part 2. Licensing › 37-49-202. Licensure requirements -- examination -- fees -- temporary practice

37-49-202. Licensure requirements -- examination -- fees -- temporary practice.
(1) The department shall license as a genetic counselor an applicant who:
(a) submits an application and pays the fee required by the department;
(b) provides satisfactory evidence of having received certification from the American board of genetic counseling as a genetic counselor; and
(c) complies with other requirements established by the department by rule.
(2) The department may issue:
(a) a temporary license to an applicant to whom the American board of genetic counseling has granted active candidate status; and
(b) a license to an applicant who satisfactorily demonstrates that the applicant is licensed or registered under the laws of another state, territory, or jurisdiction of the United States that in the department's opinion imposes substantially the same requirements for licensure as are required under this chapter.
(3) A temporary license expires automatically on the earliest of the following:
(a) issuance of a full license to a person who successfully passes the American board of genetic counseling certification exam; or
(b) at the time a person loses active candidate status for failure to complete or pass the American board of genetic counseling certification exam.
(4) Licenses issued under this section are valid for the period established by the department by rule and may be renewed only on the filing of a renewal application and payment of the license renewal fee.
(5) An applicant shall submit an application fee in the amount established by the department by rule and a written application on a form provided by the department that demonstrates the applicant has completed the eligibility requirements and competency standards required under this chapter and by the department by rule.
(6) The department may not license an applicant who has:
(a) committed any act that if committed by a licensee would be grounds for license suspension or revocation; or
(b) misrepresented any material fact on the application.
History: En. Sec. 5, Ch. 206, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 1. General › 37-50-102. Exemptions

37-50-102. Exemptions.
This chapter does not prohibit any person who is not a certified public accountant from serving as an employee of or an assistant to a certified public accountant holding a license to practice under 37-50-302 or a firm composed of certified public accountants registered under this chapter. However, the employee or assistant may not issue any accounting or financial statement in the employee's or assistant's name.
History: En. Sec. 27, Ch. 118, L. 1969; R.C.M. 1947, 66-1839; amd. Sec. 4, Ch. 684, L. 1979; amd. Sec. 1, Ch. 335, L. 1983; amd. Sec. 3, Ch. 375, L. 2003; amd. Sec. 42, Ch. 109, L. 2009; amd. Sec. 6, Ch. 169, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 2. Board of Public Accountants › 37-50-201. Organization -- general rulemaking power -- seal -- records

37-50-201. Organization -- general rulemaking power -- seal -- records.
(1) The board shall elect annually a presiding officer and a secretary from its members.
(2) The board may adopt rules for the conduct of its affairs and the administration of this chapter.
(3) The board must have a seal that must be judicially noticed.
(4) The department shall keep records of the board's proceedings. In a proceeding in court, civil or criminal, arising out of or founded on this chapter, copies of these records certified as correct under the seal of the board are admissible in evidence as tending to prove the content of these records.
History: En. Sec. 3, Ch. 118, L. 1969; amd. Sec. 162, Ch. 350, L. 1974; amd. Sec. 35, Ch. 439, L. 1975; R.C.M. 1947, 66-1815(1) thru (5); amd. Sec. 5, Ch. 684, L. 1979; amd. Sec. 2, Ch. 335, L. 1983; amd. Sec. 33, Ch. 492, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 2. Board of Public Accountants › 37-50-202. Compensation of members -- expenses

37-50-202. Compensation of members -- expenses.
Each member of the board is entitled to receive compensation and travel expenses as provided for in 37-1-133.
History: En. Sec. 3, Ch. 118, L. 1969; amd. Sec. 162, Ch. 350, L. 1974; amd. Sec. 35, Ch. 439, L. 1975; R.C.M. 1947, 66-1815(6); amd. Sec. 6, Ch. 684, L. 1979; amd. Sec. 28, Ch. 474, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 2. Board of Public Accountants › 37-50-203. Rules of board

37-50-203. Rules of board.
(1) The board may adopt rules, consistent with the purposes of this chapter, that it considers necessary.
(2) The board shall adopt:
(a) rules of professional conduct appropriate to establish and maintain a high standard of integrity, dignity, and competency in the profession of public accounting, including competency in specific fields of public accounting;
(b) rules governing education requirements, as provided in 37-50-305, for issuance of the license of a certified public accountant;
(c) rules defining requirements for accounting experience, not exceeding 2 years, for issuance of the initial license; and
(d) rules to enforce the provisions of this chapter. The purpose of the rules is to provide for the monitoring of the profession of public accounting and to maintain the quality of the accounting profession.
(3) The board may adopt rules:
(a) governing firms and other types of entities practicing public accounting, including but not limited to rules concerning style, name, title, and affiliation with other organizations; and
(b) establishing education and experience qualifications for out-of-state and foreign accountants seeking licenses to practice in Montana.
History: En. Sec. 5, Ch. 118, L. 1969; amd. Sec. 164, Ch. 350, L. 1974; R.C.M. 1947, 66-1817; amd. Sec. 7, Ch. 684, L. 1979; amd. Sec. 3, Ch. 335, L. 1983; amd. Sec. 101, Ch. 429, L. 1995; amd. Sec. 42, Ch. 492, L. 1997; amd. Sec. 4, Ch. 375, L. 2003; amd. Sec. 43, Ch. 109, L. 2009; amd. Sec. 7, Ch. 169, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 2. Board of Public Accountants › 37-50-204. Rulemaking powers relating to examinations

37-50-204. Rulemaking powers relating to examinations.
The board may adopt rules for the following:
(1) the terms and conditions under which a candidate shall obtain credit for passing the required examination or portions of the examination;
(2) the period of time that candidates are allowed to apply for reexamination; and
(3) the fees to be charged each candidate for examinations and special examinations, which must be commensurate with costs.
History: En. Sec. 14, Ch. 118, L. 1969; amd. Sec. 9, Ch. 533, L. 1977; R.C.M. 1947, 66-1826; amd. Sec. 3, Ch. 196, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 2. Board of Public Accountants › 37-50-205. Duties of department

37-50-205. Duties of department.
The department shall:
(1) assist the board in transactions of its business and keep a record of the board's official action;
(2) assess to the board the reasonable costs of the department incurred in assisting the board; and
(3) track the balance of funds in the enterprise fund, provided for in 37-50-209, and inform the board.
History: En. Sec. 21, Ch. 684, L. 1979; amd. Sec. 5, Ch. 427, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 2. Board of Public Accountants › 37-50-209. Enterprise fund

37-50-209. Enterprise fund.
(1) There is an enterprise fund, as described in 17-2-102, established for the use of the board. The money in the fund is statutorily appropriated as provided in 17-7-502.
(2) All licensing fees, other money collected by the department on behalf of the board, and all interest or earnings on money deposited in the enterprise fund must be deposited in or credited to the fund.
(3) Money in the enterprise fund must be invested by the board of investments pursuant to the provisions of the unified investment program for state funds.
(4) The enterprise fund must retain a cash reserve balance of at least 15% of the average of the last 3 years of revenue as needed for operation of the board and measured on completion of the license renewal cycle.
(5) The enterprise fund may not include money taken from the general fund.
History: En. Sec. 1, Ch. 427, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 2. Board of Public Accountants › 37-50-210. Repealed

37-50-210. Repealed.
Sec. 1, Ch. 183, L. 2023.
History: En. Sec. 6, Ch. 427, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-302. Certified public accountants -- licensure -- qualifications and requirements

37-50-302. Certified public accountants -- licensure -- qualifications and requirements.
The board shall grant an initial license as a certified public accountant to any person who:
(1) is of good moral character;
(2) has successfully passed the certified public accountant examination;
(3) meets the requirements of education and accounting experience set forth in this chapter and in board rules; and
(4) has successfully completed a professional ethics course for certified public accountants as identified in board rule.
History: En. Sec. 7, Ch. 118, L. 1969; amd. Sec. 5, Ch. 168, L. 1971; amd. Sec. 166, Ch. 350, L. 1974; R.C.M. 1947, 66-1819; amd. Sec. 9, Ch. 684, L. 1979; amd. Sec. 5, Ch. 335, L. 1983; amd. Sec. 9, Ch. 169, L. 2015; amd. Sec. 24, Ch. 3, L. 2019; amd. Sec. 2, Ch. 50, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-303. Repealed

37-50-303. Repealed.
Sec. 24, Ch. 169, L. 2015.
History: En. Sec. 8, Ch. 118, L. 1969; amd. Sec. 6, Ch. 168, L. 1971; amd. Sec. 167, Ch. 350, L. 1974; R.C.M. 1947, 66-1820; amd. Sec. 6, Ch. 341, L. 1981; amd. Sec. 163, Ch. 575, L. 1981; amd. Sec. 6, Ch. 335, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-304. Repealed

37-50-304. Repealed.
Sec. 24, Ch. 169, L. 2015.
History: En. Sec. 9, Ch. 118, L. 1969; amd. Sec. 168, Ch. 350, L. 1974; R.C.M. 1947, 66-1821; amd. Sec. 1, Ch. 218, L. 1993; amd. Sec. 100, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-305. Education requirements -- definition

37-50-305. Education requirements -- definition.
(1) An applicant for initial licensure as a certified public accountant must have:
(a) graduated from an accredited college or university with a baccalaureate degree and at least 150 semester hours of credit; and
(b) met the requirements for accounting and business course credit hours specified by board rule.
(2) (a) A licensee shall obtain continuing education credits as provided by board and department rule.
(b) If an audit conducted under 37-1-306 results in more than 15% of the audited licensees being noncompliant before the department administers the provisions of 37-1-321, in the subsequent audit year the board may audit up to 100% of the licensees.
(3) For the purposes of this section, "initial licensure" means that the applicant has never been licensed as a certified public accountant by any jurisdiction.
History: En. Sec. 12, Ch. 118, L. 1969; R.C.M. 1947, 66-1824; amd. Sec. 10, Ch. 684, L. 1979; amd. Sec. 7, Ch. 335, L. 1983; amd. Sec. 3, Ch. 382, L. 1989; amd. Sec. 4, Ch. 196, L. 2003; amd. Sec. 10, Ch. 169, L. 2015; amd. Sec. 3, Ch. 50, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-306. Repealed

37-50-306. Repealed.
Sec. 26, Ch. 684, L. 1979.
History: En. Sec. 13, Ch. 118, L. 1969; amd. Sec. 169, Ch. 350, L. 1974; R.C.M. 1947, 66-1825(1), (2), (4), (5).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-307. Repealed

37-50-307. Repealed.
Sec. 26, Ch. 684, L. 1979.
History: En. Sec. 18, Ch. 118, L. 1969; amd. Sec. 171, Ch. 350, L. 1974; R.C.M. 1947, 66-1830.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-308. Repealed

37-50-308. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 6, Ch. 118, L. 1969; amd. Sec. 165, Ch. 350, L. 1974; R.C.M. 1947, 66-1818; amd. Sec. 20, Ch. 22, L. 1979; amd. Sec. 11, Ch. 684, L. 1979; amd. Sec. 8, Ch. 335, L. 1983; amd. Sec. 21, Ch. 230, L. 1999; amd. Sec. 5, Ch. 196, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-309. Credit for examinations taken in other jurisdictions

37-50-309. Credit for examinations taken in other jurisdictions.
The board may grant credit to an applicant for the satisfactory completion of the uniform certified public accountant examination taken in another jurisdiction.
History: En. Sec. 13, Ch. 118, L. 1969; amd. Sec. 169, Ch. 350, L. 1974; R.C.M. 1947, 66-1825(3); amd. Sec. 12, Ch. 684, L. 1979; amd. Sec. 6, Ch. 196, L. 2003; amd. Sec. 11, Ch. 169, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-310. Repealed

37-50-310. Repealed.
Sec. 24, Ch. 169, L. 2015.
History: En. Sec. 15, Ch. 118, L. 1969; R.C.M. 1947, 66-1827(part).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-311. Repealed

37-50-311. Repealed.
Sec. 24, Ch. 169, L. 2015.
History: En. Sec. 15, Ch. 118, L. 1969; R.C.M. 1947, 66-1827(part); amd. Sec. 9, Ch. 335, L. 1983; amd. Sec. 6, Ch. 375, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-312. Repealed

37-50-312. Repealed.
Sec. 24, Ch. 169, L. 2015.
History: En. Sec. 15, Ch. 118, L. 1969; R.C.M. 1947, 66-1827(part); amd. Sec. 10, Ch. 335, L. 1983; amd. Sec. 7, Ch. 375, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-313. Repealed

37-50-313. Repealed.
Sec. 24, Ch. 169, L. 2015.
History: En. Sec. 16, Ch. 118, L. 1969; R.C.M. 1947, 66-1828; amd. Sec. 8, Ch. 375, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-314. License required -- proof of licensure

37-50-314. License required -- proof of licensure.
(1) A person may not engage in the practice of public accounting in this state without a current license issued by the department. A license to engage in the practice of public accounting in this state must be issued by the department to a person who complies with the requirements of this chapter.
(2) The current license to practice public accounting must be presented as proof of licensure upon request by a client.
(3) Upon request from a Montana client, a person qualifying for a practice privilege under 37-50-325(1) or (2) shall present proof of licensure from the state where the person is licensed.
History: En. Sec. 21, Ch. 118, L. 1969; amd. Sec. 174, Ch. 350, L. 1974; R.C.M. 1947, 66-1833; amd. Sec. 13, Ch. 684, L. 1979; amd. Sec. 11, Ch. 335, L. 1983; amd. Sec. 102, Ch. 429, L. 1995; amd. Sec. 43, Ch. 492, L. 1997; amd. Sec. 45, Ch. 109, L. 2009; amd. Sec. 12, Ch. 169, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-315. Repealed

37-50-315. Repealed.
Sec. 7, Ch. 427, L. 2015.
History: En. Sec. 4, Ch. 118, L. 1969; amd. Sec. 163, Ch. 350, L. 1974; R.C.M. 1947, 66-1816; amd. Sec. 14, Ch. 684, L. 1979; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-316. Other license fees prohibited

37-50-316. Other license fees prohibited.
License fees may not be imposed as a condition upon the practice of public accounting other than those provided for in this chapter.
History: En. Sec. 30, Ch. 118, L. 1969; R.C.M. 1947, 66-1842; amd. Sec. 12, Ch. 335, L. 1983; amd. Sec. 13, Ch. 169, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-317. Repealed

37-50-317. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 13, Ch. 335, L. 1983; amd. Sec. 103, Ch. 429, L. 1995; amd. Sec. 44, Ch. 492, L. 1997; amd. Sec. 47, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-318. Existing license or certificate transition

37-50-318. Existing license or certificate transition.
(1) A person who holds a licensed public accountant license and permit to practice on July 1, 2015, issued under the laws of this state may renew the person's existing license and is not required to obtain a certified public accountant license under this chapter. The person must otherwise be subject to all provisions of this chapter.
(2) A person who holds a certified public accountant certificate or licensed public accountant license on July 1, 2015, issued under the laws of this state but who has not met the qualifications for a permit to practice must meet the accounting experience requirement set forth in this chapter and in board rule by December 31, 2017, in order to be licensed. Failure to meet the accounting experience requirement by the deadline must result in termination of the certified public accountant certificate or licensed public accountant license.
History: En. Sec. 21, Ch. 169, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-321. Repealed

37-50-321. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 22, Ch. 118, L. 1969; R.C.M. 1947, 66-1834; amd. Sec. 15, Ch. 684, L. 1979; amd. Sec. 14, Ch. 335, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-322. Repealed

37-50-322. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 25, Ch. 118, L. 1969; amd. Sec. 176, Ch. 350, L. 1974; R.C.M. 1947, 66-1837; amd. Sec. 15, Ch. 335, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-330. Compliance with ownership requirements -- firm registration

37-50-330. Compliance with ownership requirements -- firm registration.
(1) A firm composed of certified public accountants that is engaged in the practice of public accounting may include persons who are not licensed as certified public accountants if:
(a) the firm designates an accountant who is licensed in this state or, in the case of a firm that practices under the practice privilege pursuant to 37-50-335, a licensee of another state who meets the requirements set out in 37-50-325(1) or (2) to be responsible for the proper registration of the firm;
(b) a simple majority of ownership in the firm, in terms of equity and voting rights, is held by accountants who are licensed in this state or in another substantially equivalent jurisdiction or meet the requirements of 37-50-325; and
(c) all persons with an ownership interest in the firm are of good moral character and individuals actively participating in the business of the firm or its affiliated entities.
(2) An accountant licensed in this state or a person qualifying for practice privileges under 37-50-325 who holds an ownership interest in a firm, who is responsible for supervising attest or compilation services, and who signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm is responsible for all attest or compilation services.
(3) A person licensed in this state and a person qualifying for practice privileges under 37-50-325 who signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm must meet the competency requirements of 37-50-203(2)(a).
(4) (a) A firm that is no longer in compliance with the ownership requirements of subsection (1)(b) shall give notice to the board within 90 days of the noncompliance.
(b) The board shall grant the firm a reasonable amount of time to reestablish compliance with the ownership requirements of subsection (1)(b). The time granted by the board to a firm to reestablish compliance may not be less than 90 days from the date the board receives the firm's notice of noncompliance.
(c) The failure of a firm to reestablish compliance with the ownership requirements of subsection (1)(b) is grounds for the board to suspend or revoke the firm's registration required by 37-50-335.
History: En. Sec. 1, Ch. 123, L. 2001; amd. Sec. 46, Ch. 109, L. 2009; amd. Sec. 15, Ch. 169, L. 2015; amd. Sec. 4, Ch. 162, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-331. Repealed

37-50-331. Repealed.
Sec. 3, Ch. 123, L. 2001.
History: En. Sec. 17, Ch. 118, L. 1969; amd. Sec. 170, Ch. 350, L. 1974; R.C.M. 1947, 66-1829; amd. Sec. 16, Ch. 684, L. 1979.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-332. Repealed

37-50-332. Repealed.
Sec. 3, Ch. 123, L. 2001.
History: En. 66-1829.1 by Sec. 1, Ch. 207, L. 1974; amd. Sec. 11, Ch. 101, L. 1977; R.C.M. 1947, 66-1829.1; amd. Sec. 17, Ch. 684, L. 1979.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-333. Repealed

37-50-333. Repealed.
Sec. 3, Ch. 123, L. 2001.
History: En. Sec. 19, Ch. 118, L. 1969; amd. Sec. 172, Ch. 350, L. 1974; R.C.M. 1947, 66-1831; amd. Sec. 18, Ch. 684, L. 1979; amd. Sec. 16, Ch. 335, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-334. Repealed

37-50-334. Repealed.
Sec. 3, Ch. 123, L. 2001.
History: En. 66-1831.1 by Sec. 2, Ch. 207, L. 1974; amd. Sec. 12, Ch. 101, L. 1977; R.C.M. 1947, 66-1831.1; amd. Sec. 19, Ch. 684, L. 1979; amd. Sec. 17, Ch. 335, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-335. Registration of firms -- exemptions

37-50-335. Registration of firms -- exemptions.
(1) All firms that establish or maintain offices in this state for the practice of public accounting shall register annually with the department.
(2) A fee may be charged for the annual registration of firms.
(3) Each firm that establishes or maintains satellite offices in this state for the practice of public accounting shall provide a list of the location of each satellite office in this state at the time of annual registration.
(4) A firm that does not have an office in this state may use the title "CPA" or "CPA firm" in this state without registering and may:
(a) offer or render attest services and compilations in this state if the firm:
(i) complies with the state's peer review and firm ownership qualifications;
(ii) performs the services through an individual with practice privileges under 37-50-325; and
(iii) has practice privileges that include offering or rendering attest and compilation services in the state where the firm has its principal place of business;
(b) perform professional services other than attest services or compilations in this state if the firm:
(i) performs the services through a person with practice privileges under 37-50-325; and
(ii) has practice privileges to perform the services in the state where the firm has its principal place of business.
History: En. Sec. 20, Ch. 118, L. 1969; amd. Sec. 3, Ch. 207, L. 1974; amd. Sec. 173, Ch. 350, L. 1974; amd. Sec. 13, Ch. 101, L. 1977; R.C.M. 1947, 66-1832; amd. Sec. 20, Ch. 684, L. 1979; amd. Sec. 18, Ch. 335, L. 1983; amd. Sec. 9, Ch. 375, L. 2003; amd. Sec. 47, Ch. 109, L. 2009; amd. Sec. 16, Ch. 169, L. 2015; amd. Sec. 5, Ch. 162, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-336. Repealed

37-50-336. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 23, Ch. 118, L. 1969; amd. Sec. 4, Ch. 207, L. 1974; R.C.M. 1947, 66-1835.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-341. Initiation of proceedings -- hearings and rulemaking

37-50-341. Initiation of proceedings -- hearings and rulemaking.
(1) The board may initiate proceedings under this chapter upon its own motion, upon a complaint made by the board of accountancy of another state, or upon the complaint of a person.
(2) A person licensed in this state offering or rendering services or using a "CPA" title in another state is subject to disciplinary action in this state for an act committed in another state where the licensee would be subject to discipline for the act committed in the other state.
(3) A person licensed in another state offering or rendering services or using a "CPA" title in this state is subject to disciplinary action in this state for an act committed in this state for which a licensee in this state would be subject to discipline.
(4) Hearings and rulemaking proceedings are governed by the Montana Administrative Procedure Act.
History: En. Sec. 24, Ch. 118, L. 1969; amd. Sec. 175, Ch. 350, L. 1974; R.C.M. 1947, 66-1836; amd. Sec. 48, Ch. 109, L. 2009; amd. Sec. 17, Ch. 169, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 3. Licensing › 37-50-342. Repealed

37-50-342. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 28, Ch. 118, L. 1969; R.C.M. 1947, 66-1840; amd. Sec. 19, Ch. 335, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 4. Miscellaneous Provisions › 37-50-401. Repealed

37-50-401. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 8, Ch. 46, L. 1933; re-en. Sec. 3241.8, R.C.M. 1935; R.C.M. 1947, 66-1808; amd. Sec. 49, Ch. 109, L. 2009; amd. Sec. 18, Ch. 169, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 4. Miscellaneous Provisions › 37-50-402. Privileged communications -- exceptions

37-50-402. Privileged communications -- exceptions.
(1) Except by permission of the client, person, or firm engaging a certified public accountant or an employee of the accountant or by permission of the heirs, successors, or personal representatives of the client, person, or firm and except for the expression of opinions on financial statements, a certified public accountant or employee may not be required to disclose or divulge or voluntarily disclose or divulge information that the certified public accountant or an employee may have relative to and in connection with any professional services as a certified public accountant. The information derived from or as a result of professional services is considered confidential and privileged.
(2) The provisions of this section do not apply to the testimony or documents of a certified public accountant furnished pursuant to a subpoena in a court of competent jurisdiction, pursuant to a board proceeding, or in the process of any board-approved practice review program.
History: En. Sec. 29, Ch. 118, L. 1969; R.C.M. 1947, 66-1841; amd. Sec. 20, Ch. 335, L. 1983; amd. Sec. 1, Ch. 82, L. 1993; amd. Sec. 50, Ch. 109, L. 2009; amd. Sec. 19, Ch. 169, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 50. Public Accountants › Part 4. Miscellaneous Provisions › 37-50-403. Nonliability -- evidential privilege -- application to nonprofit corporations

37-50-403. Nonliability -- evidential privilege -- application to nonprofit corporations.
(1) A member of a peer review, professional standards review, or ethics review committee of a society composed of persons licensed to practice as certified public accountants is not liable in damages to any person for any action taken or recommendation made within the scope of the functions of the committee if the committee member acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to the member after reasonable effort to obtain the facts.
(2) The proceedings and records of peer review, professional standards review, and ethics review committees are not subject to discovery or introduction into evidence in any proceeding. However, information otherwise discoverable or admissible from an original source is not to be construed as immune from discovery or use in any proceeding merely because it was presented during proceedings before the committee, nor is a member of the committee or other person appearing before it to be prevented from testifying as to matters within that person's knowledge. However, the person may not be questioned about the person's testimony or other proceedings before the committee or about opinions or other actions of the committee or any member of the committee.
(3) This section also applies to a member, agent, or employee of a nonprofit corporation engaged in performing the functions of a peer review, professional standards review, or ethics review committee with respect to the profession of accounting.
History: En. Sec. 1, Ch. 197, L. 1991; amd. Sec. 1408, Ch. 56, L. 2009; amd. Sec. 20, Ch. 169, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 1. General › 37-51-101. Repealed

37-51-101. Repealed.
Sec. 14, Ch. 497, L. 1979.
History: En. Sec. 1, Ch. 250, L. 1963; amd. Sec. 1, Ch. 261, L. 1969; amd. Sec. 177, Ch. 350, L. 1974; R.C.M. 1947, 66-1924(1).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 1. General › 37-51-104. Chapter supplemental to deceptive practices law

37-51-104. Chapter supplemental to deceptive practices law.
Nothing contained herein may be construed to amend or modify 45-6-317 or 45-6-318. This chapter shall be construed to be supplemental to 45-6-317 and 45-6-318.
History: En. Sec. 25, Ch. 250, L. 1963; amd. Sec. 16, Ch. 101, L. 1977; R.C.M. 1947, 66-1946.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 1. General › 37-51-105. Sexual or violent offender registration information -- responsibility of broker or salesperson

37-51-105. Sexual or violent offender registration information -- responsibility of broker or salesperson.
The responsibility of a broker or salesperson with respect to sexual or violent offender registration information maintained by a governmental entity under Title 46, chapter 23, part 5, is limited to disclosure of:
(1) the fact that the information may be maintained and by whom; and
(2) the actual knowledge, if any, that the broker or salesperson has of sexual or violent offender registration information that pertains to the property in question.
History: En. Sec. 1, Ch. 99, L. 1999.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 2. Board of Realty Regulation › 37-51-201. Presiding officer -- seal -- records -- prohibition on membership in real estate associations

37-51-201. Presiding officer -- seal -- records -- prohibition on membership in real estate associations.
(1) The members of the board shall elect a presiding officer from among their number.
(2) The board shall adopt a seal of a design that it prescribes. Copies of records and papers kept by the department, certified by the presiding officer, and authenticated by the seal of the board must be received in evidence in courts with the same effect as the original. Records of the board are open to public inspection under rules it prescribes.
(3) The department:
(a) shall keep a record of proceedings, transactions, communications, and official acts of the board;
(b) is custodian of the records of the board; and
(c) shall perform other duties that the board, on the written request of two or more members of the board or at other times that the presiding officer, considers necessary.
(4) The presiding officer or an employee of the department hired to provide services to the board may not be an officer or paid employee of any real estate association or group of real estate dealers or brokers.
History: (1)En. 66-1927.1 by Sec. 2, Ch. 378, L. 1977; Sec. 66-1927.1, R.C.M. 1947; (2) thru (4)En. Sec. 4, Ch. 250, L. 1963; amd. Sec. 179, Ch. 350, L. 1974; amd. Sec. 36, Ch. 439, L. 1975; Sec. 66-1927, R.C.M. 1947; R.C.M. 1947, 66-1927(2), (4), 66-1927.1; amd. Sec. 1409, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 2. Board of Realty Regulation › 37-51-202. General licensing power

37-51-202. General licensing power.
The board may regulate the issuance of licenses and revoke or suspend licenses issued under this chapter.
History: En. Sec. 8, Ch. 250, L. 1963; amd. Sec. 182, Ch. 350, L. 1974; R.C.M. 1947, 66-1931.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 2. Board of Realty Regulation › 37-51-203. Rulemaking power

37-51-203. Rulemaking power.
The board shall from time to time adopt rules to carry out the provisions of this chapter.
History: En. Sec. 4, Ch. 250, L. 1963; amd. Sec. 179, Ch. 350, L. 1974; amd. Sec. 36, Ch. 439, L. 1975; R.C.M. 1947, 66-1927(1).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 2. Board of Realty Regulation › 37-51-204. Educational programs

37-51-204. Educational programs.
(1) The board may, subject to 37-1-101, conduct, hold, or assist in conducting or holding real estate clinics, meetings, courses, or institutes and incur necessary expenses in this connection.
(2) Except as provided in 37-51-302, 37-51-303, and subsection (3) of this section, the board may not require examinations of licensees.
(3) The board may require specified performance levels of a licensee with respect to the subject matter of a continuing education course required by the board when the licensee and the instructor of the course are not physically present in the same facility at the time the licensee receives the instruction.
(4) Education information obtained electronically by the board or stored in the board's databases may be used to determine compliance with education requirements established by the board. The use of the information may not be considered an audit for purposes of compliance with 37-1-306.
History: En. Sec. 20, Ch. 250, L. 1963; amd. Sec. 190, Ch. 350, L. 1974; R.C.M. 1947, 66-1943; amd. Sec. 1, Ch. 269, L. 1985; amd. Sec. 104, Ch. 429, L. 1995; amd. Sec. 10, Ch. 375, L. 2003; amd. Sec. 101, Ch. 467, L. 2005; amd. Sec. 14, Ch. 100, L. 2011; amd. Sec. 10, Ch. 80, L. 2015; amd. Sec. 1, Ch. 27, L. 2017; amd. Sec. 13, Ch. 482, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 2. Board of Realty Regulation › 37-51-205. Compensation of members -- expenses

37-51-205. Compensation of members -- expenses.
Each member of the board shall receive compensation and travel expenses as provided for in 37-1-133.
History: En. Sec. 4, Ch. 250, L. 1963; amd. Sec. 179, Ch. 350, L. 1974; amd. Sec. 36, Ch. 439, L. 1975; R.C.M. 1947, 66-1927(3); amd. Sec. 4, Ch. 497, L. 1979; amd. Sec. 29, Ch. 474, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 2. Board of Realty Regulation › 37-51-206. Repealed

37-51-206. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 21, Ch. 250, L. 1963; amd. Sec. 191, Ch. 350, L. 1974; R.C.M. 1947, 66-1944; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 2. Board of Realty Regulation › 37-51-207. Schedule of fees

37-51-207. Schedule of fees.
The board shall adopt a schedule of fees to be charged by the department and to be paid into the state special revenue fund for the use of the board. The fees charged must be reasonably related to the cost incurred in regulating the real estate industry.
History: En. Sec. 5, Ch. 497, L. 1979; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 2. Board of Realty Regulation › 37-51-208. Deposit of money not otherwise provided for

37-51-208. Deposit of money not otherwise provided for.
Whenever money is received by the board or by the department for the use of the board and there is no provision for the disposition or deposit of the money, the money is to be deposited in the state special revenue fund for the use of the board.
History: En. Sec. 1, Ch. 515, L. 1979; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 2. Board of Realty Regulation › 37-51-209. Executive secretary -- hiring and duties

37-51-209. Executive secretary -- hiring and duties.
The department may hire an executive secretary to carry out duties prescribed by the board pursuant to the board's responsibilities and duties established by law.
History: En. Sec. 1, Ch. 270, L. 1991; amd. Sec. 145, Ch. 483, L. 2001; amd. Sec. 35, Ch. 492, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 3. Licensing › 37-51-301. License required -- limited to persons

37-51-301. License required -- limited to persons.
(1) It is unlawful for a person to engage in or conduct, directly or indirectly, or to advertise or represent to the public as engaging in or conducting the business or acting in the capacity of a real estate broker or a real estate salesperson within this state without a license as a broker or salesperson or otherwise complying with this chapter.
(2) It is unlawful for a person to supervise licensed salespersons or to act in the capacity of a supervising broker unless the person has a valid and active Montana broker's license and a supervising broker endorsement.
(3) Corporations, partnerships, and associations may not be licensed under this chapter. A corporation or a partnership may act as a licensee if every corporate officer and every partner performing the functions of a licensee is licensed under this chapter. All officers of a corporation or all members of a partnership acting as a licensee are in violation of this chapter unless there is full compliance with this subsection.
(4) (a) For purposes of this section and whether or not the person is physically located in Montana, "within this state" or similar terminology includes:
(i) marketing or dealing with any interest in real estate or a business opportunity involving an interest in real estate that is situated in the state of Montana; or
(ii) conducting or attempting to conduct or solicit real estate business with residents of the state of Montana.
(b) Unless exempted from this chapter, any single act described within the definitions of "broker" or "salesperson" is sufficient to constitute engaging in the business of a real estate broker or salesperson.
History: En. Sec. 1, Ch. 250, L. 1963; amd. Sec. 1, Ch. 261, L. 1969; amd. Sec. 177, Ch. 350, L. 1974; R.C.M. 1947, 66-1924(2), (3); amd. Sec. 93, Ch. 370, L. 1987; amd. Sec. 1, Ch. 259, L. 1989; amd. Sec. 6, Ch. 565, L. 1995; amd. Sec. 26, Ch. 502, L. 2007; amd. Sec. 3, Ch. 211, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 51. Real Estate Brokers and Salespersons › Part 3. Licensing › 37-51-303. Broker or salesperson examination

37-51-303. Broker or salesperson examination.
(1) In addition to proof of honesty, trustworthiness, and good reputation, an applicant whose application is pending shall satisfactorily pass an examination.
(2) (a) The examination for a salesperson's license must include subject portions that the board determines by rule to be appropriate.
(b) If the applicant passes one subject portion of the examination, the applicant is not required to repeat that portion of the examination if the applicant passes the remaining portion within 12 months.
(3) The examination for a broker's license must be of a more exacting nature and scope and more stringent than the examination for a salesperson's license.
History: En. Sec. 7, Ch. 250, L. 1963; amd. Sec. 181, Ch. 350, L. 1974; R.C.M. 1947, 66-1930; amd. Sec. 1, Ch. 595, L. 1981; amd. Sec. 6, Ch. 565, L. 1995; amd. Sec. 7, Ch. 196, L. 2003; amd. Sec. 102, Ch. 467, L. 2005.