reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 1. General › 37-23-101. Repealed

37-23-101. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 1, Ch. 572, L. 1985; amd. Sec. 67, Ch. 467, L. 2005; amd. Sec. 3, Ch. 460, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 1. General › 37-23-102. Repealed

37-23-102. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 2, Ch. 572, L. 1985; amd. Sec. 1, Ch. 536, L. 1995; amd. Sec. 2, Ch. 453, L. 2009; amd. Sec. 6, Ch. 130, L. 2015; amd. Sec. 5, Ch. 288, L. 2015; amd. Sec. 4, Ch. 178, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 1. General › 37-23-103. Repealed

37-23-103. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 3, Ch. 572, L. 1985; amd. Sec. 76, Ch. 429, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 2. Licensing(Repealed and Terminated) › 37-23-201. Repealed

37-23-201. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 4, Ch. 572, L. 1985; amd. Sec. 9, Ch. 552, L. 1993; amd. Sec. 2, Ch. 536, L. 1995; amd. Sec. 12, Ch. 507, L. 1997; amd. Sec. 4, Ch. 23, L. 2001; amd. Sec. 130, Ch. 483, L. 2001; amd. Sec. 7, Ch. 130, L. 2015; amd. Sec. 7, Ch. 195, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 2. Licensing(Repealed and Terminated) › 37-23-202. Repealed

37-23-202. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 5, Ch. 572, L. 1985; amd. Sec. 3, Ch. 78, L. 1987; amd. Sec. 1, Ch. 197, L. 1993; amd. Sec. 10, Ch. 552, L. 1993; amd. Sec. 77, Ch. 429, L. 1995; amd. Sec. 68, Ch. 467, L. 2005; amd. Sec. 6, Ch. 460, L. 2007; amd. Sec. 5, Ch. 50, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 2. Licensing(Repealed and Terminated) › 37-23-203. Repealed

37-23-203. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 7, Ch. 572, L. 1985; amd. Sec. 29, Ch. 492, L. 1997; amd. Sec. 69, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 2. Licensing(Repealed and Terminated) › 37-23-204. Repealed

37-23-204. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 8, Ch. 572, L. 1985.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 2. Licensing(Repealed and Terminated) › 37-23-205. Repealed

37-23-205. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 9, Ch. 572, L. 1985; amd. Sec. 5, Ch. 552, L. 1993; amd. Sec. 78, Ch. 429, L. 1995; amd. Sec. 30, Ch. 492, L. 1997; amd. Sec. 31, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 2. Licensing(Repealed and Terminated) › 37-23-206. Repealed

37-23-206. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 6, Ch. 572, L. 1985; amd. Sec. 70, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 2. Licensing(Repealed and Terminated) › 37-23-207. Repealed

37-23-207. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 8, Ch. 552, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 2. Licensing(Repealed and Terminated) › 37-23-208. Terminated

37-23-208. Terminated.
Sec. 4, Ch. 278, L. 1997.
History: En. Sec. 1, Ch. 278, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 2. Licensing(Repealed and Terminated) › 37-23-211. Repealed

37-23-211. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 10, Ch. 572, L. 1985.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 2. Licensing(Repealed and Terminated) › 37-23-212. Repealed

37-23-212. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 11, Ch. 572, L. 1985; amd. Sec. 6, Ch. 552, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 2. Licensing(Repealed and Terminated) › 37-23-213. Repealed

37-23-213. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 8, Ch. 130, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 3. Regulation -- Penalties(Repealed) › 37-23-301. Repealed

37-23-301. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 12, Ch. 572, L. 1985; amd. Sec. 1390, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 3. Regulation -- Penalties(Repealed) › 37-23-311. Repealed

37-23-311. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 13, Ch. 572, L. 1985; amd. Sec. 3, Ch. 536, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 23. Professional Counseling › Part 3. Regulation -- Penalties(Repealed) › 37-23-312. Repealed

37-23-312. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 1, Ch. 16, L. 2013.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 1. General Provisions › 37-24-102. Purpose

37-24-102. Purpose.
The legislature declares that it is the purpose of this chapter to provide for the regulation of persons offering occupational therapy services in order to:
(1) safeguard the public health, safety, and welfare;
(2) protect the public from incompetent, unscrupulous, and unauthorized persons;
(3) assure the highest degree of professional conduct on the part of occupational therapists and occupational therapy assistants; and
(4) assure the availability of occupational therapy services of high quality to persons in need of such services.
History: En. Sec. 2, Ch. 629, L. 1985.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 1. General Provisions › 37-24-104. Exemptions

37-24-104. Exemptions.
Nothing in this chapter prevents or restricts the practice, services, or activities of:
(1) a person licensed in this state under any other law or certified or registered as a member of an occupational or professional group other than occupational therapy from engaging in the profession or occupation for which the person is licensed, certified, or registered;
(2) a person who provides treatment, teaches living skills, designs orthotic or prosthetic devices, administers tests, or engages in other activities described in 37-24-103 but does not represent to the public that the person is an occupational therapist;
(3) a person employed as an occupational therapist or occupational therapy assistant by an institution or agency of the federal government;
(4) a person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited institution or under an approved educational program if the person is designated by a title that clearly indicates the person's status as a student or trainee;
(5) a person fulfilling the supervised fieldwork experience requirements of 37-24-303 if the experience constitutes a part of the experience necessary to meet the requirements of that section;
(6) a person performing occupational therapy services in the state if these services are performed for no more than 10 days in a calendar year in association with an occupational therapist licensed under this chapter, provided that:
(a) the person is licensed under the law of another state that has licensure requirements at least as stringent as the requirements of this chapter; or
(b) the person meets the requirements for certification as an occupational therapist registered (OTR) or a certified occupational therapy assistant (COTA), established by the national board for certification in occupational therapy, inc. (NBCOT); or
(7) a person employed as an occupational therapy aide.
History: En. Sec. 4, Ch. 629, L. 1985; amd. Sec. 1, Ch. 325, L. 1989; amd. Sec. 74, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 1. General Provisions › 37-24-105. Use of superficial physical agent modalities

37-24-105. Use of superficial physical agent modalities.
(1) Except as provided in subsection (2), a person may not use occupational therapy techniques involving superficial physical agent modalities unless the person:
(a) is a licensed occupational therapist under this chapter;
(b) limits application of superficial agent modalities to the shoulder, arm, elbow, forearm, wrist, and hand; and
(c) has successfully completed 16 hours of instruction or training in superficial physical agent modalities and documents competency, as approved by the board, in the following areas:
(i) principles of physics related to specific properties of light, water, temperature, sound, or electricity, as indicated by selected modalities;
(ii) physiological, neurophysiological, and electrophysiological changes that occur as a result of the application of selected modalities;
(iii) the response of normal and abnormal tissue to the application of selected modalities;
(iv) indications and contraindications related to the selection and application of the modality;
(v) guidelines for the treatment or administration of the modality within the philosophical framework of occupational therapy;
(vi) guidelines for educating the patient, including information about risks and benefits of the occupational therapy techniques;
(vii) safety rules and precautions related to the selected modalities;
(viii) methods for documenting the effectiveness and immediate and long-term effects of treatment in relation to task-oriented activities; and
(ix) characteristics of and guidelines for the use of therapy equipment, including safe operation, adjustment, and care and maintenance of the equipment.
(2) A certified occupational therapy assistant who works under the direct supervision of a qualified occupational therapist may apply superficial physical agent modalities to the shoulder, arm, elbow, forearm, wrist, and hand.
History: En. Sec. 2, Ch. 297, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 1. General Provisions › 37-24-106. Use of sound and electrical physical agent modalities

37-24-106. Use of sound and electrical physical agent modalities.
(1) Except as provided in subsection (2), a person may not utilize occupational therapy techniques involving sound or electrical physical agent modality devices unless the person:
(a) is licensed under this chapter; and
(b) limits application of sound and electrical physical agent modalities to the shoulder, arm, elbow, forearm, wrist, or hand to restore and enhance upper extremity function.
(2) A certified occupational therapy assistant who works under the direct supervision of a qualified occupational therapist may apply deep physical agent modalities to the shoulder, arm, elbow, forearm, wrist, and hand.
History: En. Sec. 3, Ch. 297, L. 1993; amd. Sec. 2, Ch. 101, L. 2003; amd. Sec. 1, Ch. 112, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 1. General Provisions › 37-24-107. Use of occupational therapy techniques involving topical medications

37-24-107. Use of occupational therapy techniques involving topical medications.
A person may not utilize occupational therapy techniques involving topical medications as described in 37-24-108 unless the person has successfully completed the following:
(1) 5 hours of instruction or training in pharmacology relevant to topical medications listed in 37-24-108(2);
(2) one proctored treatment in direct application of topical medications under the direct supervision of a licensed medical practitioner; and
(3) (a) two proctored treatments in phonophoresis under the direct supervision of a licensed medical practitioner; or
(b) three proctored treatments of iontophoresis under the direct supervision of a licensed medical practitioner.
History: En. Sec. 3, Ch. 101, L. 2003; amd. Sec. 2, Ch. 112, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 1. General Provisions › 37-24-108. Application and administration of topical medications -- prescription, purchasing, and recordkeeping requirements

37-24-108. Application and administration of topical medications -- prescription, purchasing, and recordkeeping requirements.
(1) A licensed occupational therapist who meets the requirements of 37-24-106 may apply or administer topical medications by:
(a) direct application;
(b) iontophoresis, a process in which topical medications are applied through the use of electricity; or
(c) phonophoresis, a process in which topical medications are applied through the use of ultrasound.
(2) A licensed occupational therapist may apply or administer the following topical medications:
(a) bactericidal agents;
(b) debriding agents;
(c) anesthetic agents;
(d) anti-inflammatory agents;
(e) antispasmodic agents; and
(f) adrenocorticosteroids.
(3) (a) Topical medications applied or administered by a licensed occupational therapist must be prescribed on a specific or standing basis by a licensed medical practitioner authorized to order or prescribe topical medications and must be purchased from a pharmacy certified under 37-7-321.
(b) Topical medications dispensed under this section must comply with packaging and labeling guidelines developed by the board of pharmacy under Title 37, chapter 7.
(4) A licensed occupational therapist who applies or administers topical medications shall keep appropriate records with respect to those medications.
History: En. Sec. 4, Ch. 101, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 1. General Provisions › 37-24-109. Board adoption of protocols

37-24-109. Board adoption of protocols.
The board, in consultation with the board of medical examiners and the board of pharmacy, shall adopt written protocols for each class of topical medication listed in 37-24-108(2) for which a prescription is required by state or federal law. Protocols must include a description of each topical medication, its actions, indications, and contraindications, and the proper procedure and technique for its application or administration.
History: En. Sec. 5, Ch. 101, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 2. Board of Occupational Therapy Practice › 37-24-201. Organization -- general rulemaking power

37-24-201. Organization -- general rulemaking power.
(1) The board of occupational therapy practice shall meet annually and elect a presiding officer and a secretary from its members. The board shall hold other meetings when necessary to transact its business.
(2) The board may adopt rules for the conduct of its affairs and the administration of this chapter. Rules adopted by the board may include rules that are reasonable or necessary for the proper performance of its duties and the regulation of proceedings before it.
History: En. Sec. 6, Ch. 629, L. 1985; amd. Sec. 28, Ch. 492, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 2. Board of Occupational Therapy Practice › 37-24-202. Powers and duties of board

37-24-202. Powers and duties of board.
(1) The board shall:
(a) administer, coordinate, and enforce the provisions of this chapter;
(b) adopt rules relating to professional licensure and the establishment of ethical standards of practice under this chapter; and
(c) adopt a seal by which the board shall authenticate board proceedings.
(2) A copy of the proceedings, records, or acts of the board, signed by the presiding officer or secretary of the board and stamped with the seal, is prima facie evidence of the validity of the document.
History: En. Sec. 7, Ch. 629, L. 1985; amd. Sec. 79, Ch. 429, L. 1995; amd. Sec. 71, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 2. Board of Occupational Therapy Practice › 37-24-203. Compensation and expenses

37-24-203. Compensation and expenses.
Each board member is entitled to compensation and travel expenses as provided in 37-1-133.
History: En. Sec. 8, Ch. 629, L. 1985.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 3. Licensing › 37-24-301. License required

37-24-301. License required.
(1) (a) A person may not hold out to the public that the person is an occupational therapist or is able to practice occupational therapy or able to render occupational therapy services in this state unless the person is licensed as an occupational therapist under the provisions of this chapter.
(b) A person may not practice or hold out to the public that the person is an occupational therapy assistant in this state unless the person is licensed as an occupational therapist or as an occupational therapy assistant.
(2) Only an individual may be licensed under this chapter.
History: En. Sec. 9, Ch. 629, L. 1985; amd. Sec. 1391, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 3. Licensing › 37-24-302. Application

37-24-302. Application.
An applicant applying for licensure as an occupational therapist or as an occupational therapy assistant shall file a written application on forms prescribed by the board, showing that the applicant meets the requirements of 37-24-303(1)(a) through (1)(c).
History: En. Sec. 10, Ch. 629, L. 1985; amd. Sec. 2, Ch. 325, L. 1989.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 3. Licensing › 37-24-303. Requirements for licensure

37-24-303. Requirements for licensure.
(1) To be eligible for licensure by the board as an occupational therapist or an occupational therapy assistant, the applicant shall:
(a) present evidence of having successfully completed the academic requirements of an educational program recognized by the board for the license sought;
(b) submit evidence of having successfully completed a period of supervised fieldwork experience arranged by the recognized educational institution where the person completed the academic requirements or by a nationally recognized professional association;
(c) submit evidence of having been certified by the national board for certification in occupational therapy, inc. (NBCOT); and
(d) pass an examination prescribed by the board.
(2) The supervised fieldwork experience requirement for an occupational therapist is a minimum of 6 months. The supervised fieldwork experience requirement for an occupational therapy assistant is a minimum of 2 months.
History: En. Sec. 11, Ch. 629, L. 1985; amd. Sec. 3, Ch. 325, L. 1989; amd. Sec. 75, Ch. 114, L. 2003; amd. Sec. 72, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 3. Licensing › 37-24-305. Repealed

37-24-305. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 13, Ch. 629, L. 1985; amd. Sec. 4, Ch. 325, L. 1989.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 3. Licensing › 37-24-306. Issuance of license

37-24-306. Issuance of license.
(1) The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed license fee.
(2) The license must include the dates of issuance and expiration.
History: En. Sec. 14, Ch. 629, L. 1985.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 3. Licensing › 37-24-308. Repealed

37-24-308. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 16, Ch. 629, L. 1985; amd. Sec. 80, Ch. 429, L. 1995; amd. Sec. 32, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 3. Licensing › 37-24-309. Repealed

37-24-309. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 17, Ch. 629, L. 1985; amd. Sec. 5, Ch. 325, L. 1989.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 3. Licensing › 37-24-310. Fees

37-24-310. Fees.
The board may adopt fees in accordance with 37-1-134 for:
(1) applications for licensure;
(2) initial license issuance; and
(3) limited permit issuance.
History: En. Sec. 18, Ch. 629, L. 1985; amd. Sec. 73, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 24. Occupational Therapy › Part 3. Licensing › 37-24-312. Criminal record background check

37-24-312. Criminal record background check.
(1) As provided in 37-1-307, the board shall require each applicant for licensure as an occupational therapist or occupational therapy assistant to submit a full set of the applicant's fingerprints to the board to facilitate a fingerprint-based criminal record background check by the Montana department of justice and the federal bureau of investigation. The board may not disseminate criminal history record information resulting from the background check across state lines.
(2) The board may require licensees renewing their licenses to submit a full set of their fingerprints to the board for the purposes of obtaining a criminal record background check by the Montana department of justice and the federal bureau of investigation.
History: En. Sec. 2, Ch. 403, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 25. Nutritionists › Part 1. General › 37-25-101. Legislative finding and purpose

37-25-101. Legislative finding and purpose.
The legislature finds and declares that the practice of nutrition assessment and counseling affects the public health, safety, and welfare. It is the purpose of this chapter to provide for the licensing and regulation of nutritionists in order to protect the public health, safety, and welfare, to ensure that nutritional services of high quality are available to the people of Montana, and to provide a means of identifying those qualified to practice nutrition.
History: En. Sec. 1, Ch. 529, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 25. Nutritionists › Part 1. General › 37-25-102. Definitions

37-25-102. Definitions.
In this chapter, unless the context requires otherwise, the following definitions apply:
(1) "Accredited" means accredited through the council on postsecondary accreditation and the U.S. department of education.
(2) "Board" means the board of medical examiners.
(3) "Commission" means the commission on dietetic registration, which is a member of the national commission for health certifying agencies.
(4) "Dietetic-nutrition practice" or "dietetics-nutrition" is the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, and food management and from the behavioral and social sciences to achieve and maintain health. The primary function of dietetic-nutrition practice is to provide nutrition assessment and nutrition counseling.
(5) "General nutritional information" means information on:
(a) principles of good nutrition;
(b) foods to be included in a daily diet;
(c) the essential nutrients needed by the body;
(d) recommended amounts of these nutrients;
(e) the action of these nutrients on the body;
(f) the effects of deficiencies in these nutrients; or
(g) foods and supplements that are good sources of essential nutrients.
(6) "Licensed nutritionist" means a nutritionist licensed under this chapter.
(7) "Nutrition assessment" means the evaluation of nutritional needs of individuals and groups based on appropriate biochemical, anthropometric, physical, and dietary data in order to determine nutrient needs and to recommend appropriate nutritional intake, including both enteral and parenteral nutrition.
(8) "Nutrition counseling" means providing assistance and advice to individuals or groups in the selection of food and other sources of nutrients to achieve appropriate nutritional intake, based on:
(a) the nutrition assessment;
(b) the composition of food and other sources of nutrients; and
(c) meal preparation consistent with cultural background and socioeconomic status.
(9) "Nutritionist" means:
(a) a person licensed under this chapter; or
(b) a person who has satisfactorily completed a baccalaureate and master's or a doctoral degree in the field of dietetics, food and nutrition, or public health nutrition conferred by an accredited college or university.
History: En. Sec. 2, Ch. 529, L. 1987; amd. Sec. 48, Ch. 83, L. 1989.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 25. Nutritionists › Part 2. Board of Medical Examiners › 37-25-201. Powers and duties of board

37-25-201. Powers and duties of board.
In addition to all other powers and duties conferred and imposed on the board by Title 37, chapter 1, and this chapter, the board shall adopt rules that set professional, practice, and ethical standards for licensed nutritionists and other rules as may be necessary for the administration of this chapter.
History: En. Sec. 10, Ch. 529, L. 1987; amd. Sec. 74, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 25. Nutritionists › Part 3. Licensing › 37-25-301. Scope of dietetic-nutrition practice

37-25-301. Scope of dietetic-nutrition practice.
Only a nutritionist can provide the following services:
(1) assessing the nutrition needs of individuals and groups and determining resources and constraints in the practice setting;
(2) establishing priorities and objectives that meet nutritive needs and are consistent with available resources and constraints;
(3) providing nutrition counseling for any individual;
(4) developing, implementing, and managing nutrition care systems; and
(5) evaluating, adjusting, and maintaining appropriate standards of quality in food and nutrition services.
History: En. Sec. 3, Ch. 529, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 25. Nutritionists › Part 3. Licensing › 37-25-302. Licensing requirements

37-25-302. Licensing requirements.
(1) An applicant for licensure as a licensed nutritionist shall file a written application with the board and demonstrate to the board that the person is registered by the commission.
(2) An applicant shall pay an application fee set by the board.
History: En. Sec. 4, Ch. 529, L. 1987; amd. Sec. 1392, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 25. Nutritionists › Part 3. Licensing › 37-25-303. Issuance of license

37-25-303. Issuance of license.
Upon successful completion of the requirements in 37-25-302, an applicant must be issued a license attesting to the date and fact of licensure.
History: En. Sec. 5, Ch. 529, L. 1987; amd. Sec. 34, Ch. 109, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 25. Nutritionists › Part 3. Licensing › 37-25-304. Exemptions from licensure requirements

37-25-304. Exemptions from licensure requirements.
This chapter does not prevent:
(1) a student or intern in an approved academic program or a paraprofessional with approved dietetic-nutrition training from engaging in the practice of dietetics-nutrition if a licensed nutritionist is available for direct supervision and if the student, intern, or paraprofessional does not represent to the public that the individual is a nutritionist;
(2) a licensed physician or nurse from engaging in the practice of dietetics-nutrition when it is incidental to the practice of that profession;
(3) a person licensed under any other law from engaging in the profession or business for which the person is licensed if the person does not represent to the public that the person is a nutritionist;
(4) an educator or adviser employed by a nonprofit agency acceptable to the board or by an accredited degree-granting institution or an accredited elementary or secondary school from engaging in an activity within the scope of the individual's salaried position;
(5) a person employed by or under contract with an agency of the state or federal government from discharging an official duty if the person does not represent to the public that the person is a nutritionist;
(6) a person from furnishing general nutritional information, including dissemination of literature, as to the use of food, food materials, or dietary supplements or from engaging in the explanation as to the use of foods or food products, including dietary supplements, in connection with the marketing and distribution of those products if the person does not represent to the public that the person is a nutritionist;
(7) a person from furnishing general nutrition information or disseminating literature if the person does not represent to the public that the person is a dietitian or a nutritionist; or
(8) a person from fulfilling state or federal regulations governing the delivery or provision of nutritional health services to hospitals or long-term care facilities if the person does not represent to the public that the person is a nutritionist.
History: En. Sec. 6, Ch. 529, L. 1987; amd. Sec. 1393, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 25. Nutritionists › Part 3. Licensing › 37-25-305. Representation to public as nutritionist -- limitation on use of title

37-25-305. Representation to public as nutritionist -- limitation on use of title.
A person may not represent to the public by any title, sign, or advertisement or description of services that the person is a nutritionist or a licensed nutritionist unless the person has been licensed under this chapter or has met the requirements of 37-25-102(9)(b).
History: En. Sec. 7, Ch. 529, L. 1987; amd. Sec. 157, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 25. Nutritionists › Part 3. Licensing › 37-25-307. Repealed

37-25-307. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 9, Ch. 529, L. 1987; amd. Sec. 1, Ch. 255, L. 1991; amd. Sec. 81, Ch. 429, L. 1995; amd. Sec. 31, Ch. 492, L. 1997; amd. Sec. 33, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 25. Nutritionists › Part 3. Licensing › 37-25-308. Grounds for revocation, suspension, or refusal to renew license

37-25-308. Grounds for revocation, suspension, or refusal to renew license.
The board may impose a fine or probationary conditions, suspend or revoke a license, or deny or refuse to renew a license if the licensee or applicant has:
(1) obtained a license by means of fraud, misrepresentation, or concealment of material facts;
(2) engaged in unprofessional conduct or gross incompetence as defined by rule of the board;
(3) been convicted of a crime of moral turpitude or a felony related to the practice of dietetics-nutrition; or
(4) violated an order or rule of the board.
History: En. Sec. 11, Ch. 529, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 1. General › 37-26-102. Legislative finding -- purpose

37-26-102. Legislative finding -- purpose.
(1) The legislature finds that a significant number of Montanans choose naturopathic medicine for their health care needs and declares that naturopathic medicine is a distinct health care profession that affects the public health, safety, and welfare and contributes to public freedom of choice in health care.
(2) The purpose of this chapter is to provide standards for the licensing and regulation of naturopathic physicians in order to protect the public health, safety, and welfare; to ensure that naturopathic health care by qualified naturopathic physicians is available to the people of Montana; and to provide a means of identifying qualified naturopathic physicians.
History: En. Sec. 2, Ch. 306, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 2. Alternative Health Care Board › 37-26-201. Powers and duties of board

37-26-201. Powers and duties of board.
The board shall:
(1) adopt rules necessary or proper to administer and enforce this chapter;
(2) adopt rules that specify the scope of practice of naturopathic medicine stated in 37-26-301, that are consistent with the definition of naturopathic medicine provided in 37-26-103, and that are consistent with the education provided by approved naturopathic medical colleges;
(3) adopt rules that endorse equivalent licensure examinations of another state or territory of the United States, the District of Columbia, or a foreign country and that may include licensure by reciprocity;
(4) adopt rules that set nonrefundable fees for application, and licensure;
(5) approve naturopathic medical colleges as defined in 37-26-103;
(6) issue certificates of specialty practice;
(7) adopt rules that, in the discretion of the board, appropriately restrict licenses to a limited scope of practice of naturopathic medicine, which may exclude the use of minor surgery allowed under 37-26-301; and
(8) adopt rules that contain the formulary list created by the alternative health care formulary committee provided for in 37-26-301.
History: En. Sec. 10, Ch. 306, L. 1991; amd. Sec. 3, Ch. 314, L. 1993; amd. Sec. 82, Ch. 429, L. 1995; amd. Sec. 23, Ch. 481, L. 1997; amd. Sec. 34, Ch. 271, L. 2003; amd. Sec. 75, Ch. 467, L. 2005; amd. Sec. 19, Ch. 502, L. 2007; amd. Sec. 2, Ch. 236, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 2. Alternative Health Care Board › 37-26-202. Board meetings

37-26-202. Board meetings.
(1) The board shall meet at least once annually.
(2) Special meetings may be called by any two board members or the presiding officer.
History: En. Sec. 11, Ch. 306, L. 1991; amd. Sec. 4, Ch. 314, L. 1993; amd. Sec. 29, Ch. 492, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 3. Scope of Practice › 37-26-302. Exemptions

37-26-302. Exemptions.
(1) This chapter recognizes that many of the therapies used by naturopathic physicians, such as the use of nutritional supplements, herbs, foods, homeopathic preparations, and such physical forces as heat, cold, water, touch, and light, are not the exclusive privilege of naturopathic physicians, and their use, practice, prescription, or administration by persons not licensed to practice naturopathic medicine is not prohibited by this chapter.
(2) This chapter does not restrict or apply to the scope of practice of any other professions licensed, certified, or registered under the laws of this state.
History: En. Sec. 6, Ch. 306, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 3. Scope of Practice › 37-26-303. Public health duties of naturopathic physicians

37-26-303. Public health duties of naturopathic physicians.
Naturopathic physicians have the same authority and responsibility as other licensed physicians with regard to public health laws, reportable diseases and conditions, communicable disease control and prevention, recording of vital statistics, health and physical examinations, and local boards of health, except that the authority and responsibility are limited to activities consistent with the scope of practice described in this chapter.
History: En. Sec. 8, Ch. 306, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 3. Scope of Practice › 37-26-304. Naturopathic childbirth attendance -- certification for specialty practice -- requirements

37-26-304. Naturopathic childbirth attendance -- certification for specialty practice -- requirements.
(1) A naturopathic physician may not practice naturopathic childbirth attendance without first obtaining from the board a certificate of specialty practice. The board shall adopt rules setting forth the requirements to be met in order to certify naturopathic physicians for the specialty practice of naturopathic childbirth attendance.
(2) In order to be certified for the specialty practice of naturopathic childbirth attendance, a naturopathic physician shall:
(a) pass either a national standardized supplemental examination in naturopathic childbirth attendance provided by the national naturopathic profession licensing organization or another specialty examination approved by the board;
(b) complete a minimum of 100 hours in any one or in any combination of the following upon approval by the board:
(i) course work in naturopathic childbirth attendance;
(ii) an internship in naturopathic childbirth attendance; or
(iii) a preceptorship in naturopathic childbirth attendance; and
(c) have assisted in a minimum of 50 supervised births, including prenatal and postnatal care, under the direct supervision of a licensed naturopathic, medical, or osteopathic physician with specialty training in obstetrics or natural childbirth attendance. The 50 supervised births required under this subsection (c) must include 25 births that document the naturopathic physician as the primary birth attendant.
History: En. Sec. 7, Ch. 306, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 4. Licensing › 37-26-401. License required -- titles restricted -- enjoining unlawful practice

37-26-401. License required -- titles restricted -- enjoining unlawful practice.
(1) Except as provided in 37-26-302, a person may not practice naturopathy without a valid and current license issued by the board as provided in this chapter.
(2) (a) A naturopathic physician licensed under this chapter may use the prefix "Dr." or "doctor" as a title.
(b) Only a naturopathic physician licensed under this chapter may use any of the following titles or terms:
(i) "doctor of naturopathy", "doctor of naturopathic medicine", "naturopath", "naturopathic physician", and the abbreviation "N.D." when used to imply any of these titles; or
(ii) "naturopathic medicine", "naturopathic health care", "naturopathic", and "naturopathy".
(c) The titles and terms in subsection (2)(b) identify naturopathic physicians and are restricted to describing and identifying licensed practitioners and their practice. A person who uses these titles and terms to represent the person or the person's practice to the public without being licensed pursuant to this chapter is in violation of this chapter.
(3) A violation of this chapter may be enjoined by the district court on petition by the board.
History: En. Sec. 5, Ch. 306, L. 1991; amd. Sec. 1394, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 4. Licensing › 37-26-402. Qualifications for licensure

37-26-402. Qualifications for licensure.
A person is qualified to be licensed to practice naturopathic medicine in Montana if the person:
(1) is of good moral character as determined by the board;
(2) is a graduate of an approved naturopathic medical college; and
(3) has passed an examination prescribed or endorsed by the board for the licensure of naturopathic physicians.
History: En. Sec. 12, Ch. 306, L. 1991; amd. Sec. 1395, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 4. Licensing › 37-26-403. Application for licensure

37-26-403. Application for licensure.
(1) A person who desires a license to practice naturopathic medicine in Montana shall apply to the department.
(2) The application must be accompanied by the license fees, the application fees, and the documents, affidavits, and certificates necessary to establish that the applicant possesses the qualifications prescribed by 37-26-402. The burden of proof is on the applicant, but the department may make an independent investigation to determine whether the applicant possesses the necessary qualifications and whether the applicant has committed unprofessional conduct that would be a basis for licensure denial.
(3) At the board's request, the applicant shall provide necessary authorizations for the release of records and information pertinent to the department's investigation.
History: En. Sec. 13, Ch. 306, L. 1991; amd. Sec. 83, Ch. 429, L. 1995; amd. Sec. 76, Ch. 467, L. 2005; amd. Sec. 20, Ch. 502, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 4. Licensing › 37-26-404. Repealed

37-26-404. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 14, Ch. 306, L. 1991; amd. Sec. 6, Ch. 314, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 4. Licensing › 37-26-405. Issuance of license

37-26-405. Issuance of license.
If the board determines that an applicant possesses the qualifications required by 37-26-402, the department shall issue a license to the applicant to practice naturopathic medicine.
History: En. Sec. 15, Ch. 306, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 4. Licensing › 37-26-408. Repealed

37-26-408. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 16, Ch. 306, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 4. Licensing › 37-26-409. Repealed

37-26-409. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 17, Ch. 306, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 4. Licensing › 37-26-410. Repealed

37-26-410. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 18, Ch. 306, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 26. Naturopathic Physicians › Part 4. Licensing › 37-26-414. Repealed

37-26-414. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 19, Ch. 306, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 27. Direct-Entry Midwifery › Part 1. General › 37-27-101. Short title

37-27-101. Short title.
This chapter may be cited as the "Direct-Entry Midwifery Licensing Act".
History: En. Sec. 1, Ch. 550, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 27. Direct-Entry Midwifery › Part 1. General › 37-27-102. Purpose

37-27-102. Purpose.
The legislature finds and declares that because the practice of direct-entry midwifery affects the lives of the people of this state and because some Montanans may exercise their right to give birth where and with whom they choose, it is the purpose of this chapter to provide for the common good by regulating and ensuring the qualified and professional practice of direct-entry midwifery.
History: En. Sec. 2, Ch. 550, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 27. Direct-Entry Midwifery › Part 1. General › 37-27-103. Definitions

37-27-103. Definitions.
As used in this chapter, the following definitions apply:
(1) "Apprentice" means a person who is working under the supervision of a licensed direct-entry midwife and is seeking licensure as a direct-entry midwife under this chapter.
(2) "Board" means the alternative health care board established in 2-15-1730.
(3) "Continuous care" means care provided for one person from the initial history-taking interview through monthly prenatal, intrapartum, and postpartum periods.
(4) "Direct-entry midwife" means a person who advises, attends, or assists a woman during pregnancy, labor, natural childbirth, or the postpartum period.
(5) "Licensee" means a person authorized by this chapter to practice direct-entry midwifery.
(6) "Postpartum period" means the period up to 6 weeks following birth.
(7) "Practice of direct-entry midwifery" means the advising, attending, or assisting of a woman during pregnancy, labor, natural childbirth, or the postpartum period.
History: En. Sec. 3, Ch. 550, L. 1991; amd. Sec. 3, Ch. 524, L. 1991; amd. Sec. 59, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 27. Direct-Entry Midwifery › Part 1. General › 37-27-104. Exemptions

37-27-104. Exemptions.
This chapter does not limit or regulate the practice of a licensed physician, certified nurse-midwife, or licensed emergency care provider. The practice of direct-entry midwifery does not constitute the practice of medicine, certified nurse-midwifery, or emergency medical care to the extent that a direct-entry midwife advises, attends, or assists a woman during pregnancy, labor, natural childbirth, or the postpartum period when the pregnancy is not a high-risk pregnancy.
History: En. Sec. 4, Ch. 550, L. 1991; amd. Sec. 10, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 27. Direct-Entry Midwifery › Part 1. General › 37-27-105. General powers and duties of board -- rulemaking authority

37-27-105. General powers and duties of board -- rulemaking authority.
(1) The board shall:
(a) meet at least once annually, and at other times as agreed upon, to elect officers and to perform the duties described in Title 37, chapter 1, and this section; and
(b) administer oaths, take affidavits, summon witnesses, and take testimony as to matters within the scope of the board's duties.
(2) The board has the authority to administer and enforce all the powers and duties granted statutorily or adopted administratively.
(3) The board shall adopt rules to administer this chapter. The rules may include but are not limited to:
(a) the establishment of criteria for minimum educational, apprenticeship, and clinical requirements that, at a minimum, meet the standards established in 37-27-201;
(b) the development of eligibility criteria for client screening by direct-entry midwives to achieve the goal of providing midwifery services to women during low-risk pregnancies;
(c) the establishment of the circumstances that constitute a low risk of adverse birth outcomes for planned home births attended by direct-entry midwives;
(d) the development of standardized informed consent and reporting forms;
(e) the adoption of ethical standards for licensed direct-entry midwives;
(f) the adoption of supporting documentation requirements for primary birth attendants; and
(g) the establishment of criteria limiting an apprenticeship that, at a minimum, meets the standards established in 37-27-201.
History: En. Sec. 6, Ch. 550, L. 1991; amd. Sec. 84, Ch. 429, L. 1995; amd. Sec. 27, Ch. 224, L. 2003; amd. Sec. 35, Ch. 271, L. 2003; amd. Sec. 77, Ch. 467, L. 2005; amd. Sec. 2, Ch. 291, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 27. Direct-Entry Midwifery › Part 1. General › 37-27-111. Parents' rights regarding birth of baby

37-27-111. Parents' rights regarding birth of baby.
Except as otherwise provided by law, parents have a right to give birth where and with whom they choose.
History: En. Sec. 1, Ch. 493, L. 1989. Sec. 37-75-101, MCA 1989; redes. 37-27-111 by Code Commissioner, 1991.