reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-802. Purpose

37-19-802. Purpose.
The legislature declares that it is the public policy of this state to regulate privately owned, for-profit cemeteries to protect public health and promote financial stability through perpetual care and maintenance trusts, including the protection of money held in trust for prearranged funeral or related services.
History: En. Sec. 4, Ch. 52, L. 1997; amd. Sec. 8, Ch. 49, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-803. Application of this part -- exceptions

37-19-803. Application of this part -- exceptions.
(1) This part applies to:
(a) all cemeteries and burial grounds located in the state of Montana unless the cemetery is owned and operated by:
(i) a church or similar religious organization;
(ii) a municipality or county government;
(iii) a family, as a private family burial ground where lots are not offered for sale; or
(iv) a community nonprofit association in which persons other than the bookkeeper and maintenance crew are not entitled to receive any pecuniary profit; and
(b) trust funds established for:
(i) cemetery perpetual care and maintenance funds; and
(ii) contracted prearranged funeral or related services under a preneed contract.
(2) This part does not apply to contracts for prearranged funeral or related services funded through insurance.
History: En. Sec. 5, Ch. 52, L. 1997; amd. Sec. 9, Ch. 49, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-807. Powers and duties of board -- rulemaking

37-19-807. Powers and duties of board -- rulemaking.
(1) In administering this part, the board may conduct reasonable periodic, special, or other examinations of a cemetery or cemetery company, mortuary, branch establishment, or crematory.
(2) The examination may include but is not limited to:
(a) an inspection of the physical condition or appearance of the cemetery;
(b) an audit of the financial condition of the cemetery company, mortuary, branch establishment, or crematory and any trust funds maintained by those entities; and
(c) any other examinations the board considers necessary or appropriate in the public interest, including inspections in response to public complaints.
(3) The examinations must be made by members or representatives of the board and may include a certified or registered public accountant or any other person designated by the board. The cost of the examination may be charged to the cemetery company, mortuary, branch establishment, or crematory.
(4) The board may issue or amend permits to operate a cemetery in accordance with the provisions of this part.
(5) The board may require a cemetery company, a mortuary, a branch establishment, or a crematory to observe minimum accounting principles and practices and to keep books and records in accordance with the principles and practices for a period that the board may by rule prescribe.
(6) The board may require a cemetery company to provide additional contributions to the perpetual care and maintenance fund of the cemetery as provided in this part, including but not limited to contributions not to exceed $1,000 whenever a cemetery company fails to properly care for, maintain, or preserve a cemetery.
(7) The board may adopt rules to enforce the provisions of this part.
History: En. Sec. 6, Ch. 52, L. 1997; amd. Sec. 61, Ch. 467, L. 2005; amd. Sec. 10, Ch. 49, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-808. Inspection of cemeteries and audit of cemetery companies

37-19-808. Inspection of cemeteries and audit of cemetery companies.
(1) For each cemetery examined or each cemetery company audited as provided in 37-19-807 and in accordance with this part, the cemetery company shall pay to the board a fee for each examination or audit as the board prescribes by rule. When an examination or inspection is ordered by the board, the cemetery company shall pay, at the state per diem rate, travel expenses, meals, and lodging for each day that a member of the board or an authorized examiner spends in examining the physical condition or appearance of a cemetery. Once audited, a cemetery company may not be required to submit to an audit at the request of the board for a period of 5 years unless complaints have resulted in a formal notice of disciplinary action by the department against the cemetery company.
(2) (a) In lieu of any financial examination that the board is authorized to make, the board may accept the audit of an independent certified or registered public accountant if the board has notified the cemetery company that the audit would be acceptable and the cemetery company has notified the board in writing that the audit will be prepared.
(b) The scope of the audit allowed under subsection (2)(a) must be at least equal to the scope of the examination required by the board.
History: En. Sec. 7, Ch. 52, L. 1997; amd. Sec. 11, Ch. 49, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-814. Permit -- application

37-19-814. Permit -- application.
(1) By January 1, 1998, a person operating a cemetery or a cemetery company governed by this part must have a permit issued by the board. The permit must be displayed in a conspicuous place at the cemetery.
(2) A cemetery permit expires on the date set by board rule and may be renewed for a 5-year period upon payment of a fee set by the board. An application for a permit or renewal of a permit must designate a responsible person, including that person's address and telephone number, who is available to act on behalf of the cemetery company with regard to the requirements of this part. A cemetery company may designate a different person with board approval. An application for renewal of a permit must contain:
(a) the name of the cemetery company, the location of the cemetery, the name of the person in charge of the records of the cemetery company, and the telephone number of the cemetery company;
(b) the number and dollar amount of sales of cemetery lots, grave spaces, mausoleums, crypts, niches, and burial rights for which payment has been made in full and the number of certificates or deeds of conveyance issued during the preceding 5 calendar years;
(c) an accounting of the amounts paid into the perpetual care and maintenance fund and the income received from the fund during the preceding 5 calendar or fiscal years, including the total amount due to the fund whether paid in or not, the amount due to the fund at the date of the report, and the amount expended for maintenance of the cemetery;
(d) the names and addresses of the owners of the cemetery company or the officers and directors of the cemetery company, any change in control of the cemetery company that has occurred during the past 5 calendar or fiscal years, the date of incorporation, if applicable, and the resident agent and address of the registered agent's office if the cemetery company is a corporation; and
(e) any other information that the board requires by rule.
(3) The board may set a penalty fee for late renewal of a permit.
History: En. Sec. 8, Ch. 52, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-815. Permit -- amendment

37-19-815. Permit -- amendment.
(1) Whenever a cemetery company that is subject to the provisions of this part proposes to amend its present permit for construction of a mausoleum, reduction or increase in percentage of gross sales proceeds to be placed in the perpetual care and maintenance fund, expansion of a cemetery, or other changes in its operation, the cemetery company shall file an application for amendment of the permit with the board.
(2) The application must be accompanied by a fee and other information that the board requires by rule.
History: En. Sec. 9, Ch. 52, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-816. Permit -- transfer of ownership

37-19-816. Permit -- transfer of ownership.
(1) If a cemetery company that is subject to the provisions of this part is to be sold, if the ownership is to be otherwise transferred, or if a controlling interest in the company is to be sold or otherwise transferred, the proposed purchaser or transferee shall file an application for the issuance of a new permit with the board.
(2) The application must be accompanied by a fee and other information that the board requires by rule.
History: En. Sec. 10, Ch. 52, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-822. Cemetery perpetual care and maintenance fund

37-19-822. Cemetery perpetual care and maintenance fund.
(1) A perpetual care and maintenance fund established pursuant to the provisions of this part for the purpose of administration, care, and maintenance of a cemetery, including lots, grave spaces, crypts, niches, burial rights, or other land or buildings, is a trust fund.
(2) The net income from the fund must be used by the owners, managers, or officers and directors of a cemetery company exclusively for the care and maintenance of the cemetery and may not be used for any other purpose.
(3) The principal of a perpetual care and maintenance fund must in all cases remain intact and inviolate and must be administered with the same care, skill, prudence, and diligence, under the circumstances then prevailing, that a prudent person would use to accomplish the purpose of the trust as required by this section and reflected in the trust document.
(4) Each cemetery company shall maintain at a minimum the following:
(a) a general ledger and general journal or comparable books of entry showing all receipts, disbursements, assets, liabilities, and income of the perpetual care and maintenance fund;
(b) documents supporting and verifying each asset of the fund; and
(c) a trust agreement.
(5) The board may require a cemetery company to provide an accounting or audit of its perpetual care and maintenance fund.
(6) Each cemetery company shall deposit not less than 15% of the gross proceeds of each sale of a lot, grave space, crypt, niche, or burial right, as determined by the board, into the perpetual care and maintenance fund.
(7) In establishing a perpetual care and maintenance fund, a cemetery company may from time to time adopt plans for the general care and maintenance of its cemetery.
(8) A perpetual care and maintenance fund may receive, take, and hold any real or personal property that is bequeathed, devised, granted, given, or otherwise contributed to it.
History: En. Sec. 11, Ch. 52, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-823. Records required

37-19-823. Records required.
(1) A cemetery company shall make and keep accounts and records confirming that the cemetery company has made the required contributions to its perpetual care and maintenance fund. The burden is on the cemetery company to maintain the accounts and records.
(2) All sales contracts and deeds, unless otherwise authorized by the board, issued by a cemetery company must be numbered prior to their execution by the cemetery company and must contain those items the board prescribes by rule.
(3) A mortuary, branch establishment, or crematory shall make and keep accounts and records confirming that the money paid pursuant to a contract for a prearranged funeral or related service has been put in trust for the purposes for which the money was paid.
History: En. Sec. 12, Ch. 52, L. 1997; amd. Sec. 12, Ch. 49, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-824. Conveyance

37-19-824. Conveyance.
(1) An instrument of conveyance for a lot, grave space, mausoleum, crypt, niche, or burial right or part of a lot or grave space must be issued to the purchaser upon complete payment of the purchase price.
(2) Only a cemetery company or its agents may sell or convey the items listed in subsection (1). However, an owner may sell the item if the owner has first offered in writing to sell it to the cemetery company at the purchase price then being charged by the cemetery company for a similar item and the cemetery company has not accepted the offer within 30 days of the offer.
(3) (a) The secretary or other responsible person of a cemetery company shall file and record in the cemetery company's books all instruments of conveyance.
(b) An instrument of conveyance must be recorded by the cemetery company in the office of the county clerk and recorder and returned to the purchaser.
(4) An instrument of conveyance must be signed on behalf of a cemetery company by the person having proper authority to sign the instrument of conveyance.
History: En. Sec. 13, Ch. 52, L. 1997; amd. Sec. 2, Ch. 336, L. 1999.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-825. Preexisting cemeteries

37-19-825. Preexisting cemeteries.
A cemetery or cemetery company that is in existence on January 1, 1998, shall obtain the necessary permits required by this part in order to continue operation and is subject as of January 1, 1998, to the provisions of this part.
History: En. Sec. 14, Ch. 52, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-826. Repealed

37-19-826. Repealed.
Sec. 6, Ch. 336, L. 1999.
History: En. Sec. 15, Ch. 52, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-827. Contract for prearranged funeral plan or related services -- trust requirement -- interest -- exception

37-19-827. Contract for prearranged funeral plan or related services -- trust requirement -- interest -- exception.
(1) Prearranged funeral or related services may be presented, negotiated, and sold to the public only by a licensed mortician.
(2) Except as provided in subsection (5), all money paid pursuant to a contract for a prearranged funeral or related services must be held in trust for the purposes for which the money was furnished until the obligations of a mortuary, a branch establishment, a crematory, a cemetery firm, or a mausoleum-columbarium corporation have been:
(a) fulfilled according to the terms of the contract; or
(b) terminated, by mutual consent of the parties, and the money is refunded to the proper party.
(3) Any interest accrued by money in a trust must be held in the trust and is subject to the terms of the trust agreement and the rules of the board.
(4) The board may require a mortuary, a branch establishment, or a crematory to provide an accounting or audit of the funds held in trust.
(5) Money paid for the purchase of a lot, grave space, mausoleum, crypt, niche, or burial right or part of a lot or grave space is not subject to the trust requirements of this section if title passes to the purchaser at the time that the payment is made.
History: En. Sec. 3, Ch. 336, L. 1999; amd. Sec. 13, Ch. 49, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-828. Funeral trust fund -- deposit of money

37-19-828. Funeral trust fund -- deposit of money.
(1) (a) A party that provides services pursuant to a contract for a prearranged funeral or related services and that receives money under the contract shall deposit the money within 10 business days of receipt in a banking institution or invest the money in the stock of a savings or building and loan association or in the shares of a credit union.
(b) The banking institution, savings or building and loan association, or credit union shall maintain an office in this state and must be organized under the laws of this state, of another state, or of the United States.
(c) Deposits or investments made as provided in this section must be insured by an instrumentality of the federal government.
(2) Deposits or investments made pursuant to this section constitute a trust fund for the benefit of the person contracting for the prearranged funeral or related services. The money must be placed in a separate account in the name of the depositor as trustee for the person contracting for the prearranged funeral or related services.
History: En. Sec. 4, Ch. 336, L. 1999; amd. Sec. 1, Ch. 125, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-829. Report of entity holding deposited money

37-19-829. Report of entity holding deposited money.
A banking institution, savings or building and loan association, or credit union shall report to the department prior to February 1 of each year all amounts that it has received and held in trust accounts created as provided in 37-19-828. The report must contain the name and address of each trustee and trust beneficiary and must contain the amount of principal in each account and the amount of interest or dividends paid on each account.
History: En. Sec. 5, Ch. 336, L. 1999.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-831. Repealed

37-19-831. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 16, Ch. 52, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 9. Right of Disposition of Remains › 37-19-901. Short title

37-19-901. Short title.
This part may be cited as the "Montana Right of Disposition Act".
History: En. Sec. 1, Ch. 208, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 9. Right of Disposition of Remains › 37-19-902. Purpose

37-19-902. Purpose.
The legislature declares that it is the public policy of this state to provide an orderly and uniform system to determine which individuals hold the right to direct and carry out funeral and disposition arrangements for the remains of deceased individuals.
History: En. Sec. 2, Ch. 208, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 9. Right of Disposition of Remains › 37-19-903. Prepaid funeral arrangements -- disposition directions -- definition

37-19-903. Prepaid funeral arrangements -- disposition directions -- definition.
(1) A person who is 18 years of age or older and of sound mind, by entering into a prepaid funeral contract with any mortuary licensed under Title 37, chapter 19, part 4, or by providing disposition directions may direct the location, manner, and conditions of disposition of the person's remains and the arrangements for funeral goods and services to be provided upon the person's death.
(2) The funeral prearrangements that are prepaid and contracted for with a licensed mortuary or the disposition directions may not be canceled or substantially revised unless the cancellation or substantial revision has been ordered by a person appointed by the decedent in the prepaid funeral contract or the disposition directions as the person authorized to cancel or revise the terms of the prepaid funeral contract or the disposition directions.
(3) As used in this section, the term "disposition directions" means:
(a) a video provided in a replayable format of the person who is the subject of the disposition directions in which the person describes the wishes for disposition and that is accompanied by a written attestation of the video accuracy by two witnesses who are at least 18 years of age; or
(b) a legible written instrument signed by the person who is the subject of the disposition directions and by two people who are at least 18 years of age who have witnessed the signing by the person. The written instrument may be but is not limited to a letter of instructions, a will, a trust document, or advance directives. A written instrument that does not name a person with the right to control the decedent's disposition must follow the priority of rights of disposition provided in 37-19-904.
History: En. Sec. 3, Ch. 208, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 9. Right of Disposition of Remains › 37-19-905. Arrangements provided by survivors

37-19-905. Arrangements provided by survivors.
The provisions of 37-19-903 and 37-19-904(1) do not prevent the decedent's survivors, in the order listed in 37-19-904, from pursuing, at their own expense, meaningful services and making arrangements for funeral services that do not conflict with the decedent's instructions for disposition made in accordance with 37-19-903 and 37-19-904(1).
History: En. Sec. 5, Ch. 208, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 9. Right of Disposition of Remains › 37-19-906. Loss of right of disposition

37-19-906. Loss of right of disposition.
A person entitled to the right of disposition under 37-19-904 forfeits that right and the right is passed on to the next qualifying person listed in 37-19-904 under the following circumstances:
(1) the person is charged with deliberate or negligent homicide in connection with the decedent's death. However, if the charges against the person are dismissed or if the person is acquitted of the charges, the right of disposition is returned to the person.
(2) the person does not exercise the person's right of disposition within 2 days after notification of the death of the decedent or within 3 days of the decedent's death, whichever is earlier;
(3) the person and the decedent are spouses and a petition to dissolve the marriage was pending at the time of the decedent's death; or
(4) the district court, pursuant to 37-19-907, determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. For purposes of this subsection, "estranged" means a physical and emotional separation from the decedent existing at the time of death and that existed for a period of time prior to death that clearly demonstrates an absence of affection, trust, and regard for the decedent.
History: En. Sec. 6, Ch. 208, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 9. Right of Disposition of Remains › 37-19-908. Right to rely

37-19-908. Right to rely.
(1) A person who signs a funeral agreement, cremation authorization form, or other authorization for disposition must be considered as warranting the truthfulness of any facts set forth in the agreement, form, or authorization, including:
(a) the identity of the decedent whose remains are subject to the disposition; and
(b) the person's authority to order the disposition.
(2) A mortician may rely on the funeral service agreement, cremation authorization form, or other authorization and may carry out the instructions of the person or persons who the mortician reasonably believes hold the right of disposition.
(3) A mortician is not responsible to contact or to independently investigate the existence of any next of kin or relatives of the decedent.
(4) If a class includes two or more persons who are equal in priority, a mortician may rely on and act according to the instructions of the first person in the class to make funeral and disposition arrangements if another person in the class has not provided to the mortician written notice of the person's objections to the arrangements and the mortician does not have knowledge of any objections to the arrangements by other members of the class.
History: En. Sec. 8, Ch. 208, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 9. Right of Disposition of Remains › 37-19-909. Immunity

37-19-909. Immunity.
A mortuary or mortician who relies in good faith on the instructions of an individual claiming the right of disposition is not subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions.
History: En. Sec. 9, Ch. 208, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 1. General › 37-20-101. Repealed

37-20-101. Repealed.
Sec. 18, Ch. 88, L. 2023.
History: En. Sec. 3, Ch. 380, L. 1981; amd. Sec. 9, Ch. 97, L. 1989; amd. Sec. 6, Ch. 519, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 1. General › 37-20-102. Repealed

37-20-102. Repealed.
Sec. 16, Ch. 419, L. 1993.
History: En. Sec. 8, Ch. 380, L. 1981; amd. Sec. 10, Ch. 97, L. 1989.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 1. General › 37-20-103. Limitations on authority conferred -- exception

37-20-103. Limitations on authority conferred -- exception.
Except as provided in 37-10-102, nothing in this chapter may be construed to authorize a physician assistant to perform those functions and duties specifically delegated by law to persons licensed as optometrists, as defined under Title 37, chapter 10. A physician assistant may perform an abortion.
History: En. Sec. 10, Ch. 380, L. 1981; amd. Sec. 11, Ch. 97, L. 1989; amd. Sec. 1, Ch. 321, L. 1995; amd. Sec. 7, Ch. 519, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 1. General › 37-20-104. Repealed

37-20-104. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 5, Ch. 380, L. 1981; amd. Sec. 12, Ch. 97, L. 1989; amd. Sec. 1, Ch. 446, L. 1991; amd. Sec. 7, Ch. 419, L. 1993; amd. Sec. 8, Ch. 519, L. 2005; amd. Sec. 4, Ch. 88, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 2. Board of Medical Examiners › 37-20-201. Repealed

37-20-201. Repealed.
Sec. 32, Ch. 519, L. 2005.
History: En. Sec. 1, Ch. 380, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 2. Board of Medical Examiners › 37-20-202. Adoption of rules

37-20-202. Adoption of rules.
The board may adopt administrative rules to implement the provisions of this chapter and set forth grounds for disciplinary action.
History: En. Sec. 9, Ch. 380, L. 1981; amd. Sec. 13, Ch. 97, L. 1989; amd. Sec. 3, Ch. 446, L. 1991; amd. Sec. 9, Ch. 419, L. 1993; amd. Sec. 9, Ch. 519, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 2. Board of Medical Examiners › 37-20-203. Licensing of physician assistants -- collaborative agreements

37-20-203. Licensing of physician assistants -- collaborative agreements.
(1) The board may issue either an active or inactive license to a physician assistant applying for a license or license renewal in Montana.
(2) A physician assistant with fewer than 8,000 hours of postgraduate clinical experience shall practice medicine with a collaborative agreement between the physician assistant and one or more collaborating providers, who may be:
(a) a licensed physician; or
(b) a licensed physician assistant with 8,000 or more hours of postgraduate clinical experience.
(3) "Collaborative agreement" as used in this section means the interaction and relationship that a physician assistant has with a collaborating provider as described in subsection (2), in which:
(a) the physician assistant and collaborating provider are cognizant of the physician assistant's qualifications and limitations in caring for patients:
(b) the physician assistant consults with the collaborating provider while remaining responsible for care provided by the physician assistant; and
(c) the collaborating provider gives direction and guidance to the physician assistant.
(4) A physician assistant with a collaborative agreement under subsection (2) shall:
(a) practice under written policies and procedures established at a practice level that:
(i) describe how collaboration will occur in accordance with subsection (2); and
(ii) describe methods for evaluating the physician assistant's competency, knowledge, and skills; and
(b) provide a copy of the written policies and procedures and documentation of compliance under this subsection (4) to the board upon the board's request.
(5) A licensed physician assistant actively practicing for 8,000 hours prior to October 1, 2023, is exempt from the collaborative agreement requirement.
History: En. Sec. 10, Ch. 419, L. 1993; amd. Sec. 27, Ch. 492, L. 1997; amd. Sec. 10, Ch. 519, L. 2005; amd. Sec. 5, Ch. 88, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 3. Supervision Agreements › 37-20-301. Requirements for physician assistant practice

37-20-301. Requirements for physician assistant practice.
A physician, office, firm, state institution, or professional service corporation may not employ or make use of the services of a physician assistant in the practice of medicine, as defined in 37-3-102, and as provided in this chapter and a physician assistant may not be employed or practice as a physician assistant unless the physician assistant:
(1) is licensed by the board;
(2) has paid to the board the applicable fees required by the board; and
(3) engages in practice for which the physician assistant is educationally prepared and for which the physician assistant has achieved and maintained competency.
History: En. Sec. 2, Ch. 380, L. 1981; amd. Sec. 14, Ch. 97, L. 1989; amd. Sec. 2, Ch. 446, L. 1991; amd. Sec. 11, Ch. 419, L. 1993; amd. Sec. 62, Ch. 467, L. 2005; amd. Sec. 11, Ch. 519, L. 2005; amd. Sec. 6, Ch. 88, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 3. Supervision Agreements › 37-20-302. Application for and renewal of license -- fees

37-20-302. Application for and renewal of license -- fees.
(1) A person desiring to practice as a physician assistant shall submit an application to the department on a form prescribed by the department and pay all applicable fees to the department. The applicant shall provide the authorization necessary for the release of records or other information necessary for licensure to the department. The burden of proving that the applicant has complied with all application requirements is on the applicant. However, the department may make an independent investigation to determine whether the applicant possesses the required qualifications and whether the applicant has ever committed unprofessional conduct.
(2) In order to renew a license, a physician assistant shall pay to the department a renewal fee as prescribed by the board. The renewal fee must be paid before the expiration date of the license, as set forth in department rule. The department shall send renewal notices before the renewal is due. Except as provided in 37-1-138, failure to pay a renewal fee results in the expiration of the license.
History: En. Sec. 4, Ch. 380, L. 1981; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 15, Ch. 97, L. 1989; amd. Sec. 5, Ch. 540, L. 1991; amd. Sec. 12, Ch. 419, L. 1993; amd. Sec. 73, Ch. 429, L. 1995; amd. Sec. 28, Ch. 492, L. 1997; amd. Sec. 24, Ch. 224, L. 2003; amd. Sec. 28, Ch. 271, L. 2003; amd. Sec. 63, Ch. 467, L. 2005; amd. Sec. 12, Ch. 519, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 3. Supervision Agreements › 37-20-303. Exemptions from licensure requirement

37-20-303. Exemptions from licensure requirement.
(1) This chapter does not prohibit or require a license as a physician assistant for the rendering of medical or medically related services if the service rendered is within the applicable scope of practice for any of the following individuals:
(a) a physician assistant providing services in an emergency or catastrophe, as provided in 37-20-410;
(b) a federally employed physician assistant;
(c) a registered nurse, an advanced practice registered nurse, a licensed practical nurse, or a medication aide licensed or authorized pursuant to Title 37, chapter 8;
(d) a student physician assistant when practicing in a hospital or clinic in which the student is training;
(e) a physical therapist licensed pursuant to Title 37, chapter 11;
(f) a medical assistant, as provided in 37-3-104;
(g) an emergency care provider licensed pursuant to Title 50, chapter 6; or
(h) any other medical or paramedical practitioner, specialist, or medical assistant, technician, or aide when licensed or authorized pursuant to laws of this state.
(2) A licensee or other individual referred to in subsection (1) who is not a licensed physician assistant may not use the title "PA" or "PA-C" or any other word or abbreviation to indicate or induce others to believe that the individual is a physician assistant.
History: En. Sec. 6, Ch. 380, L. 1981; amd. Sec. 16, Ch. 97, L. 1989; amd. Sec. 25, Ch. 224, L. 2003; amd. Sec. 4, Ch. 243, L. 2003; amd. Sec. 13, Ch. 519, L. 2005; amd. Sec. 9, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 4. Regulation of Practice › 37-20-401. Definitions

37-20-401. Definitions.
As used in this chapter, the following definitions apply:
(1) "Board" means the Montana state board of medical examiners established in 2-15-1731.
(2) "Physician assistant" means an individual licensed pursuant to this chapter who provides medical services that may include but are not limited to examination, diagnosis, prescription of medications, and treatment.
History: En. Sec. 1, Ch. 97, L. 1989; amd. Sec. 14, Ch. 519, L. 2005; amd. Sec. 7, Ch. 88, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 4. Regulation of Practice › 37-20-402. Criteria for licensing physician assistant

37-20-402. Criteria for licensing physician assistant.
A person may not be licensed as a physician assistant in this state unless the person:
(1) is of good moral character;
(2) is a graduate of a physician assistant training program accredited by the accreditation review commission on education for the physician assistant or, if accreditation was granted before 2001, accredited by the American medical association's committee on allied health education and accreditation or the commission on accreditation of allied health education programs; and
(3) has taken and passed an examination administered by the national commission on the certification of physician assistants.
History: En. Sec. 2, Ch. 97, L. 1989; amd. Sec. 13, Ch. 419, L. 1993; amd. Sec. 15, Ch. 519, L. 2005; amd. Sec. 17, Ch. 154, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 4. Regulation of Practice › 37-20-403. Physician assistant scope of practice

37-20-403. Physician assistant scope of practice.
(1) A physician assistant is professionally and legally responsible for the care and treatment of a patient by a physician assistant licensed in accordance with this chapter.
(2) A physician assistant may:
(a) diagnose, examine, and treat human conditions, ailments, diseases, injuries, or infirmities, either physical or mental, by any means, method, device, or instrumentality;
(b) obtain informed consent;
(c) supervise, delegate, and assign therapeutic and diagnostic measures;
(d) certify the health or disability of a patient as required by any local, state, or federal program; and
(e) authenticate any document that a physician may authenticate.
History: En. Sec. 3, Ch. 97, L. 1989; amd. Sec. 74, Ch. 429, L. 1995; amd. Sec. 16, Ch. 519, L. 2005; amd. Sec. 8, Ch. 88, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 4. Regulation of Practice › 37-20-404. Prescribing and dispensing authority

37-20-404. Prescribing and dispensing authority.
(1) A physician assistant may prescribe, dispense, and administer drugs.
(2) All dispensing activities allowed by this section must comply with 37-2-104 and with packaging and labeling guidelines developed by the board of pharmacy under Title 37, chapter 7.
(3) The prescribing and dispensing authority for a physician assistant may include the following:
(a) Prescribing, dispensing, and administration of Schedule III drugs listed in 50-32-226, Schedule IV drugs listed in 50-32-229, and Schedule V drugs listed in 50-32-232 is authorized.
(b) Prescribing, dispensing, and administration of Schedule II drugs listed in 50-32-224 may be authorized for limited periods not to exceed 34 days.
(c) Records on the dispensing and administration of scheduled drugs must be kept.
(d) A physician assistant shall maintain registration with the federal drug enforcement administration if the physician assistant is authorized to prescribe controlled substances.
(e) A prescription written by a physician assistant must comply with regulations relating to prescription requirements adopted by the board of pharmacy.
History: En. Sec. 4, Ch. 97, L. 1989; amd. Sec. 14, Ch. 419, L. 1993; amd. Sec. 2, Ch. 327, L. 1995; amd. Sec. 17, Ch. 519, L. 2005; amd. Sec. 9, Ch. 88, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 4. Regulation of Practice › 37-20-405. Billing

37-20-405. Billing.
A physician assistant, medical office, firm, institution, or other entity may bill for a service provided by a physician assistant.
History: En. Sec. 5, Ch. 97, L. 1989; amd. Sec. 15, Ch. 419, L. 1993; amd. Sec. 18, Ch. 519, L. 2005; amd. Sec. 10, Ch. 88, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 4. Regulation of Practice › 37-20-406. Liaison to board

37-20-406. Liaison to board.
The Montana academy of physician assistants may appoint one person to serve as a nonvoting liaison to the board to represent the interests of physician assistants.
History: En. Sec. 6, Ch. 97, L. 1989; amd. Sec. 19, Ch. 519, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 4. Regulation of Practice › 37-20-409. Repealed

37-20-409. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 8, Ch. 419, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 4. Regulation of Practice › 37-20-410. Participation in disaster and emergency care -- liability of physician assistant

37-20-410. Participation in disaster and emergency care -- liability of physician assistant.
(1) A physician assistant licensed in this state, licensed or authorized to practice in another state, territory, or possession of the United States, or credentialed as a physician assistant by a federal employer who provides medical care in response to an emergency or a federal, state, or local disaster may provide care for the duration of the emergency or disaster.
(2) A physician assistant referred to in subsection (1) who voluntarily, gratuitously, and other than in the ordinary course of employment or practice renders emergency medical care during an emergency or disaster described in subsection (1) is not liable for civil damages for a personal injury resulting from an act or omission in providing that care if the injury is caused by simple or ordinary negligence and if the care is provided somewhere other than in a health care facility as defined in 50-5-101 or a physician's office where those services are normally provided.
History: En. Sec. 31, Ch. 519, L. 2005; amd. Sec. 11, Ch. 88, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 20. Physician Assistants › Part 4. Regulation of Practice › 37-20-411. Unlawful acts

37-20-411. Unlawful acts.
A person who performs acts constituting the practice of medicine in this state acts unlawfully if the person
has not been issued a license pursuant to this chapter and is not exempt from the licensing requirement of this chapter.
History: En. Sec. 30, Ch. 519, L. 2005; amd. Sec. 12, Ch. 88, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 21. Dietitians (Repealed) › Part 1. General (Repealed) › 37-21-101. Repealed

37-21-101. Repealed.
Sec. 51, Ch. 109, L. 2009.
History: En. Sec. 1, Ch. 427, L. 1983; amd. Sec. 62, Ch. 418, L. 1995; amd. Sec. 91, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 21. Dietitians (Repealed) › Part 2. Department of Public Health and Human Services (Repealed) › 37-21-201. Repealed

37-21-201. Repealed.
Sec. 51, Ch. 109, L. 2009.
History: En. Sec. 4, Ch. 427, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 21. Dietitians (Repealed) › Part 3. Qualifications (Repealed) › 37-21-301. Repealed

37-21-301. Repealed.
Sec. 51, Ch. 109, L. 2009.
History: En. Sec. 2, Ch. 427, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 21. Dietitians (Repealed) › Part 3. Qualifications (Repealed) › 37-21-302. Repealed

37-21-302. Repealed.
Sec. 51, Ch. 109, L. 2009.
History: En. Sec. 3, Ch. 427, L. 1983; amd. Sec. 29, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 21. Dietitians (Repealed) › Part 4. Remedies -- Penalty (Repealed) › 37-21-405. Repealed

37-21-405. Repealed.
Sec. 51, Ch. 109, L. 2009.
History: En. Sec. 6, Ch. 427, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 21. Dietitians (Repealed) › Part 4. Remedies -- Penalty (Repealed) › 37-21-406. Repealed

37-21-406. Repealed.
Sec. 51, Ch. 109, L. 2009.
History: En. Sec. 5, Ch. 427, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 1. General(Repealed) › 37-22-101. Repealed

37-22-101. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 2, Ch. 544, L. 1983; amd. Sec. 1, Ch. 460, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 1. General(Repealed) › 37-22-102. Repealed

37-22-102. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 3, Ch. 544, L. 1983; amd. Sec. 18, Ch. 572, L. 1985; amd. Sec. 129, Ch. 483, L. 2001; amd. Sec. 1, Ch. 199, L. 2009; amd. Sec. 3, Ch. 130, L. 2015; amd. Sec. 3, Ch. 288, L. 2015; amd. Sec. 4, Ch. 390, L. 2019; amd. Sec. 1, Ch. 178, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 1. General(Repealed) › 37-22-103. Repealed

37-22-103. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 1, Ch. 390, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 2. Board of Behavioral Health(Repealed) › 37-22-201. Repealed

37-22-201. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 4, Ch. 544, L. 1983; amd. Sec. 64, Ch. 467, L. 2005; amd. Sec. 6, Ch. 403, L. 2009; amd. Sec. 4, Ch. 288, L. 2015; amd. Sec. 2, Ch. 479, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 3. Licensing(Repealed) › 37-22-301. Repealed

37-22-301. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 6, Ch. 544, L. 1983; amd. Sec. 1, Ch. 78, L. 1987; amd. Sec. 1, Ch. 552, L. 1993; amd. Sec. 65, Ch. 467, L. 2005; amd. Sec. 5, Ch. 460, L. 2007; amd. Sec. 5, Ch. 390, L. 2019; amd. Sec. 1, Ch. 50, L. 2021; amd. Sec. 1, Ch. 113, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 3. Licensing(Repealed) › 37-22-302. Repealed

37-22-302. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 7, Ch. 544, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 66, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 3. Licensing(Repealed) › 37-22-303. Repealed

37-22-303. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 8, Ch. 544, L. 1983; amd. Sec. 2, Ch. 78, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 3. Licensing(Repealed) › 37-22-304. Repealed

37-22-304. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 9, Ch. 544, L. 1983; amd. Sec. 2, Ch. 552, L. 1993; amd. Sec. 75, Ch. 429, L. 1995; amd. Sec. 30, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 3. Licensing(Repealed) › 37-22-305. Repealed

37-22-305. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 5, Ch. 544, L. 1983; amd. Sec. 3, Ch. 552, L. 1993; amd. Sec. 4, Ch. 130, L. 2015; amd. Sec. 6, Ch. 195, L. 2019; amd. Sec. 2, Ch. 50, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 3. Licensing(Repealed) › 37-22-306. Repealed

37-22-306. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 7, Ch. 552, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 3. Licensing(Repealed) › 37-22-307. Repealed

37-22-307. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 2, Ch. 390, L. 2019; amd. Sec. 3, Ch. 50, L. 2021; amd. Sec. 2, Ch. 178, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 3. Licensing(Repealed) › 37-22-308. Repealed

37-22-308. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 3, Ch. 390, L. 2019; amd. Sec. 4, Ch. 50, L. 2021; amd. Sec. 3, Ch. 178, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 3. Licensing(Repealed) › 37-22-311. Repealed

37-22-311. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 10, Ch. 544, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 3. Licensing(Repealed) › 37-22-312. Repealed

37-22-312. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 11, Ch. 544, L. 1983; amd. Sec. 4, Ch. 552, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 3. Licensing(Repealed) › 37-22-313. Repealed

37-22-313. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 5, Ch. 130, L. 2015; amd. Sec. 6, Ch. 390, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 4. Regulation(Repealed) › 37-22-401. Repealed

37-22-401. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 12, Ch. 544, L. 1983; amd. Sec. 1388, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 4. Regulation(Repealed) › 37-22-411. Repealed

37-22-411. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 13, Ch. 544, L. 1983; amd. Sec. 1389, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 22. Social Work(repealed) › Part 4. Regulation(Repealed) › 37-22-412. Repealed

37-22-412. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 1, Ch. 16, L. 2013.