reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 3. Licensing -- Veterinary Medicine › 37-18-302. Application -- qualification

37-18-302. Application -- qualification.
A person desiring to begin the practice of veterinary medicine or veterinary surgery in this state or who desires to hold out to the public that the person is a practitioner of veterinary medicine or veterinary surgery, except as provided in 37-18-104, shall apply to the department for a license to do so. The application must be on a form furnished by the department, must be accompanied by satisfactory evidence of the good moral character of the applicant, and must contain evidence of the applicant's having received a degree from a legally authorized veterinary medical school having educational standards equal to those approved by the American veterinary medical association. On application, a certified transcript of the applicant must be submitted to the department for inspection and verification. The certified transcript remains the property of the department.
History: En. Sec. 4, Ch. 82, L. 1913; amd. Sec. 1, Ch. 150, L. 1919; re-en. Sec. 3220, R.C.M. 1921; re-en. Sec. 3220, R.C.M. 1935; amd. Sec. 4, Ch. 90, L. 1955; amd. Sec. 127, Ch. 147, L. 1963; amd. Sec. 7, Ch. 168, L. 1971; amd. Sec. 208, Ch. 350, L. 1974; R.C.M. 1947, 66-2204(part); amd. Sec. 1, Ch. 431, L. 1979; amd. Sec. 5, Ch. 341, L. 1981; amd. Sec. 2, Ch. 21, L. 1991; amd. Sec. 12, Ch. 230, L. 1999; amd. Sec. 33, Ch. 109, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 3. Licensing -- Veterinary Medicine › 37-18-303. Repealed

37-18-303. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 4, Ch. 82, L. 1913; amd. Sec. 1, Ch. 150, L. 1919; re-en. Sec. 3220, R.C.M. 1921; re-en. Sec. 3220, R.C.M. 1935; amd. Sec. 4, Ch. 90, L. 1955; amd. Sec. 127, Ch. 147, L. 1963; amd. Sec. 7, Ch. 168, L. 1971; amd. Sec. 208, Ch. 350, L. 1974; R.C.M. 1947, 66-2204(part); amd. Sec. 2, Ch. 431, L. 1979; amd. Sec. 4, Ch. 96, L. 1981; amd. Sec. 3, Ch. 21, L. 1991; amd. Sec. 66, Ch. 429, L. 1995; amd. Sec. 13, Ch. 230, L. 1999.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 3. Licensing -- Veterinary Medicine › 37-18-304. Repealed

37-18-304. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 8, Ch. 82, L. 1913; re-en. Sec. 3224, R.C.M. 1921; re-en. Sec. 3224, R.C.M. 1935; amd. Sec. 6, Ch. 90, L. 1955; amd. Sec. 210, Ch. 350, L. 1974; R.C.M. 1947, 66-2208(2).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 3. Licensing -- Veterinary Medicine › 37-18-305. License -- issuance and contents

37-18-305. License -- issuance and contents.
(1) The board shall, at the conclusion of a regular examination or after investigation, if in its judgment the applicant is qualified, authorize the department to issue a license to practice veterinary medicine.
(2) Every license granted must be issued under seal and must be signed by the president and secretary-treasurer of the board and must state that the licensee has given satisfactory evidence of fitness as to age, character, veterinary medical education, and other matters required by law and that after full examination, the licensee has been found qualified to practice.
History: En. Sec. 7, Ch. 82, L. 1913; re-en. Sec. 3223, R.C.M. 1921; re-en. Sec. 3223, R.C.M. 1935; amd. Sec. 5, Ch. 90, L. 1955; amd. Sec. 209, Ch. 350, L. 1974; amd. Sec. 6, Ch. 135, L. 1975; R.C.M. 1947, 66-2207(1), (2); amd. Sec. 67, Ch. 429, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 3. Licensing -- Veterinary Medicine › 37-18-306. Display of license and certificate

37-18-306. Display of license and certificate.
A person may not practice veterinary medicine in this state without possessing and displaying prominently in the person's principal office a current and valid license issued under this part.
History: En. Sec. 8, Ch. 82, L. 1913; re-en. Sec. 3224, R.C.M. 1921; re-en. Sec. 3224, R.C.M. 1935; amd. Sec. 6, Ch. 90, L. 1955; amd. Sec. 210, Ch. 350, L. 1974; R.C.M. 1947, 66-2208(1); amd. Sec. 18, Ch. 502, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 3. Licensing -- Veterinary Medicine › 37-18-307. Repealed

37-18-307. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 7, Ch. 82, L. 1913; re-en. Sec. 3223, R.C.M. 1921; re-en. Sec. 3223, R.C.M. 1935; amd. Sec. 5, Ch. 90, L. 1955; amd. Sec. 209, Ch. 350, L. 1974; amd. Sec. 6, Ch. 135, L. 1975; R.C.M. 1947, 66-2207(3) thru (5); amd. Sec. 44, Ch. 345, L. 1981; amd. Sec. 5, Ch. 43, L. 1985; amd. Sec. 4, Ch. 650, L. 1989; amd. Sec. 68, Ch. 429, L. 1995; amd. Sec. 23, Ch. 492, L. 1997; amd. Sec. 26, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 3. Licensing -- Veterinary Medicine › 37-18-308. Deposit of money

37-18-308. Deposit of money.
Money received under this chapter shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6).
History: En. Sec. 3, Ch. 82, L. 1913; re-en. Sec. 3219, R.C.M. 1921; re-en. Sec. 3219, R.C.M. 1935; amd. Sec. 3, Ch. 90, L. 1955; amd. Sec. 126, Ch. 147, L. 1963; amd. Sec. 27, Ch. 177, L. 1965; amd. Sec. 26, Ch. 93, L. 1969; amd. Sec. 207, Ch. 350, L. 1974; amd. Sec. 38, Ch. 439, L. 1975; amd. Sec. 3, Ch. 531, L. 1977; R.C.M. 1947, 66-2203(3); amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 3. Licensing -- Veterinary Medicine › 37-18-309. Supervision of licensed veterinary technician -- failure to comply

37-18-309. Supervision of licensed veterinary technician -- failure to comply.
(1) A veterinarian licensed under 37-18-302 is responsible for determining whether tasks delegated to a licensed veterinary technician are:
(a) within the employees' training, expertise, and skills;
(b) allowed by rule under direct supervision, immediate supervision, or indirect supervision; and
(c) clearly defined by written orders, established office protocols, or verbal directions in the case of an emergency.
(2) Even in a case of emergency, a veterinarian licensed under 37-18-302 is responsible for authorizing the licensed veterinary technician to perform only those duties within the employees' scope of practice as provided in 37-18-702 or by rule.
(3) A veterinarian subject to this section may be cited for unprofessional conduct for failure to comply with this section.
History: En. Sec. 4, Ch. 392, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 3. Licensing -- Veterinary Medicine › 37-18-311. Repealed

37-18-311. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 10, Ch. 82, L. 1913; re-en. Sec. 3226, R.C.M. 1921; re-en. Sec. 3226, R.C.M. 1935; amd. Sec. 8, Ch. 90, L. 1955; amd. Sec. 212, Ch. 350, L. 1974; amd. Sec. 18, Ch. 101, L. 1977; R.C.M. 1947, 66-2210; amd. Sec. 5, Ch. 650, L. 1989.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 3. Licensing -- Veterinary Medicine › 37-18-313. Municipal license fee prohibited

37-18-313. Municipal license fee prohibited.
A license fee or license tax may not be imposed upon a person who practices veterinary medicine, as a condition to the practice of the profession, by any municipality or other political subdivision of the state, including a local government with self-governing powers.
History: En. Sec. 7, Ch. 650, L. 1989; amd. Sec. 1383, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 4. Licensing -- Veterinary Technology (Repealed) › 37-18-401. Repealed

37-18-401. Repealed.
Sec. 7, Ch. 96, L. 1981.
History: En. 66-2213 by Sec. 1, Ch. 135, L. 1975; R.C.M. 1947, 66-2213(3); amd. Sec. 3, Ch. 431, L. 1979.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 4. Licensing -- Veterinary Technology (Repealed) › 37-18-402. Repealed

37-18-402. Repealed.
Sec. 7, Ch. 96, L. 1981.
History: En. 66-2213 by Sec. 1, Ch. 135, L. 1975; R.C.M. 1947, 66-2213(4), (6).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 4. Licensing -- Veterinary Technology (Repealed) › 37-18-403. Repealed

37-18-403. Repealed.
Sec. 7, Ch. 96, L. 1981.
History: En. 66-2213 by Sec. 1, Ch. 135, L. 1975; R.C.M. 1947, 66-2213(5); amd. Sec. 45, Ch. 345, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 4. Licensing -- Veterinary Technology (Repealed) › 37-18-404. Repealed

37-18-404. Repealed.
Sec. 7, Ch. 96, L. 1981.
History: En. 66-2213 by Sec. 1, Ch. 135, L. 1975; R.C.M. 1947, 66-2213(7).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 4. Licensing -- Veterinary Technology (Repealed) › 37-18-405. Repealed

37-18-405. Repealed.
Sec. 7, Ch. 96, L. 1981.
History: En. 66-2213 by Sec. 1, Ch. 135, L. 1975; R.C.M. 1947, 66-2213(8), (9); amd. Sec. 46, Ch. 345, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 4. Licensing -- Veterinary Technology (Repealed) › 37-18-411. Repealed

37-18-411. Repealed.
Sec. 7, Ch. 96, L. 1981.
History: En. 66-2214 by Sec. 2, Ch. 135, L. 1975; amd. Sec. 20, Ch. 101, L. 1977; R.C.M. 1947, 66-2214.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 5. Remedies for Violation(Repealed) › 37-18-501. Repealed

37-18-501. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 12, Ch. 82, L. 1913; re-en. Sec. 3228, R.C.M. 1921; re-en. Sec. 3228, R.C.M. 1935; amd. Sec. 10, Ch. 90, L. 1955; amd. Sec. 19, Ch. 101, L. 1977; R.C.M. 1947, 66-2212; amd. Sec. 5, Ch. 96, L. 1981; amd. Sec. 1384, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 5. Remedies for Violation(Repealed) › 37-18-502. Repealed

37-18-502. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. 66-2215 by Sec. 3, Ch. 135, L. 1975; R.C.M. 1947, 66-2215; amd. Sec. 6, Ch. 96, L. 1981; amd. Sec. 6, Ch. 650, L. 1989; amd. Sec. 1385, Ch. 56, L. 2009; amd. Sec. 9, Ch. 392, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 6. Euthanasia Technicians and Agencies -- Certification › 37-18-601. Purpose

37-18-601. Purpose.
The purpose of this part is to provide the most humane disposition possible of unwanted, stray, abandoned, discarded, or dangerous animals by providing for the certification of agencies and euthanasia technicians.
History: En. Sec. 1, Ch. 60, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 6. Euthanasia Technicians and Agencies -- Certification › 37-18-602. Definitions

37-18-602. Definitions.
As used in this part, the following definitions apply:
(1) "Certified agency" means a law enforcement agency, a public or private animal control agency, or a humane society organized for the prevention of cruelty to animals that has certification from the board to possess controlled substances approved for the purpose of euthanasia.
(2) "Certified euthanasia technician" means an employee of a certified agency or a person who is working under the supervision of a licensed veterinarian and who has been certified by the board to administer a controlled substance approved by the board for the purpose of euthanasia.
(3) "Controlled substance" means any substance designated as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2.
(4) "Euthanasia" means the act or practice of ending the life of an animal in order to end suffering or for some other humane purpose.
(5) "Person" means an individual, corporation, partnership, government or governmental subdivision or agency, trust, or other legal entity.
History: En. Sec. 2, Ch. 60, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 6. Euthanasia Technicians and Agencies -- Certification › 37-18-603. Powers of board -- euthanasia certification

37-18-603. Powers of board -- euthanasia certification.
The board may:
(1) establish qualifications and prescribe the application format for certification as a certified agency or as a certified euthanasia technician and review each application for compliance with certification requirements;
(2) examine and determine the qualifications and fitness of applicants to operate as a certified agency or as a certified euthanasia technician;
(3) issue, renew, reinstate, deny, suspend, require voluntary surrender of, or revoke any certifications or temporary permits or impose other forms of discipline and enter into consent agreements and negotiated settlements with certified agencies or certified euthanasia technicians consistent with the provisions of this chapter and rules adopted pursuant to Title 37, chapter 1, and this chapter;
(4) establish a schedule of fees for certifying agencies and euthanasia technicians, ensuring that the fees are commensurate with the costs of the certification program;
(5) establish a list of controlled substances approved for the purpose of euthanasia;
(6) adopt other rules that the board or department considers necessary for the implementation of this part; and
(7) inspect any certified agency's controlled substance storage, inventory, administration procedures, and recordkeeping.
History: En. Sec. 3, Ch. 60, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 6. Euthanasia Technicians and Agencies -- Certification › 37-18-604. Certified agency -- duties

37-18-604. Certified agency -- duties.
(1) A person may not possess controlled substances for the purpose of euthanasia without first becoming a licensed veterinarian or a certified agency under rules adopted by the board.
(2) Certified agencies shall apply for registration with the applicable state or federal agency to possess controlled substances approved by the board for purposes of euthanasia.
(3) Certified agencies shall comply with all state and federal laws regarding the storage, care, and administration of controlled substances. Failure to comply with these laws may result in the immediate revocation of the certification in addition to any other civil or criminal penalties provided under any other statute.
History: En. Sec. 4, Ch. 60, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 6. Euthanasia Technicians and Agencies -- Certification › 37-18-605. Certified euthanasia technician

37-18-605. Certified euthanasia technician.
(1) A person may not administer controlled substances for euthanasia purposes unless the person is a licensed veterinarian, a certified euthanasia technician, or support personnel as defined by rules adopted by the board.
(2) A certified euthanasia technician may use controlled substances only for euthanasia purposes unless the certified euthanasia technician is under the direct supervision of a licensed veterinarian.
History: En. Sec. 5, Ch. 60, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 6. Euthanasia Technicians and Agencies -- Certification › 37-18-606. Disposition of fees

37-18-606. Disposition of fees.
Any fees collected under this part must be deposited in a state special revenue account to offset costs incurred by the board or department in carrying out this part.
History: En. Sec. 6, Ch. 60, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 7. Licensing -- Veterinary Technician › 37-18-701. License required for veterinary technicians -- requirements -- license renewal -- use of initials or terms

37-18-701. License required for veterinary technicians -- requirements -- license renewal -- use of initials or terms.
(1) (a) An individual seeking to practice as a veterinary technician in this state must be licensed as a veterinary technician by the board.
(2) To be eligible for licensure as a veterinary technician, an applicant:
(a) shall file an application on a form furnished by the department and pay fees as prescribed by rule;
(b) must meet the requirements of subsection (3); and
(c) must meet additional requirements set by the board by rule.
(3) (a) Except as provided in subsection (3)(b), an applicant must be a graduate of a program accredited by the American veterinary medical association as determined by board rule and pass an examination as prescribed by the board.
(b) An applicant who does not meet the qualifications required in subsection (3)(a) shall:
(i) obtain a minimum of 4,500 hours of experience equivalent to that of a licensed veterinary technician; and
(ii) pass an examination as prescribed by the board.
(4) Subject to review by the board, a person who does not hold an active license as a veterinary technician may not state or imply orally, in writing, or in print that the person is a "licensed veterinary technician" or use the initials "LVT".
History: En. Sec. 1, Ch. 392, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 7. Licensing -- Veterinary Technician › 37-18-702. Licensed veterinary technician scope of practice

37-18-702. Licensed veterinary technician scope of practice.
(1) A licensed veterinary technician may, under written authorization and direction of a veterinarian licensed under this chapter, administer or dispense drugs, medicines, or appliances and perform procedures as provided by rule.
(2) In an emergency, a licensed veterinary technician is subject to the authority of the supervising licensed veterinarian as provided in 37-18-309.
History: En. Sec. 2, Ch. 392, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 7. Licensing -- Veterinary Technician › 37-18-703. Repealed

37-18-703. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 3, Ch. 392, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 8. Licensing -- Veterinary Retail Facility -- VeterinaryDispensing Technician › 37-18-801. Definitions

37-18-801. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Extralabel use" means the use of an approved drug in a manner that is not in accordance with the approved label directions.
(2) "Veterinary dispensing technician" means a nonpharmacist registered by the board of veterinary medicine to dispense veterinary prescription drugs in a veterinary retail facility.
(3) "Veterinary prescription drugs" means drugs that are to be used or prescribed by a veterinarian licensed pursuant to 37-18-301 to a client who is the owner or caretaker of the animal in need of treatment. Veterinary prescription drugs are those drugs restricted by federal law to use by or on the order of a licensed veterinarian.
(4) "Veterinary retail facility" means an establishment registered by the board of pharmacy employing a registered veterinary dispensing technician authorized to dispense veterinary prescription drugs pursuant to bona fide orders of licensed veterinarians.
History: En. Sec. 1, Ch. 759, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 8. Licensing -- Veterinary Retail Facility -- VeterinaryDispensing Technician › 37-18-802. Exemptions

37-18-802. Exemptions.
The provisions of this part do not apply to:
(1) a veterinarian, a veterinary technician, or a veterinarian's practice; or
(2) a pharmacist, a pharmacy technician, or a pharmacy.
History: En. Sec. 2, Ch. 759, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 8. Licensing -- Veterinary Retail Facility -- VeterinaryDispensing Technician › 37-18-803. Veterinary retail facility -- license required

37-18-803. Veterinary retail facility -- license required.
(1) A person, partnership, association, corporation, or limited liability company may not open, establish, operate, maintain, or do business as a veterinary retail facility without first obtaining a license from the board of pharmacy.
(2) The board of pharmacy shall prescribe the license application form.
(3) An application or renewal application must be accompanied by a fee set by board rule.
(4) A license must be renewed annually.
(5) Separate applications and separate permits are required for each veterinary retail facility opened, established, operated, or maintained by the same owner and for a change of location, name, or ownership of an existing veterinary retail facility.
(6) The board may adopt rules to implement this section.
History: En. Sec. 3, Ch. 759, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 8. Licensing -- Veterinary Retail Facility -- VeterinaryDispensing Technician › 37-18-804. Standards of veterinary retail facilities

37-18-804. Standards of veterinary retail facilities.
(1) Veterinary prescription drugs dispensed by a veterinary retail facility pursuant to a licensed veterinarian's prescription must be dispensed by a veterinary dispensing technician and are for use on livestock only, as defined in 81-2-702.
(2) An employee of a veterinary retail facility, including a veterinary dispensing technician, may not:
(a) dispense controlled substances;
(b) compound veterinary prescription drugs for the dispensing of a prescription;
(c) repackage veterinary prescription drugs for the dispensing of a prescription, except that a veterinary dispensing technician may break down case lots of veterinary prescription drugs if the seals on the individual containers are not broken;
(d) open a container and count out or measure out any quantity of a veterinary prescription drug; or
(e) dispense medication for extralabel use.
History: En. Sec. 4, Ch. 759, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 8. Licensing -- Veterinary Retail Facility -- VeterinaryDispensing Technician › 37-18-805. Veterinary dispensing technicians -- educational requirements

37-18-805. Veterinary dispensing technicians -- educational requirements.
A veterinary retail facility may employ a veterinary dispensing technician who shall successfully complete:
(1) an academic program approved by the board of veterinary medicine; or
(2) a certification program approved by the board of veterinary medicine.
History: En. Sec. 5, Ch. 759, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 8. Licensing -- Veterinary Retail Facility -- VeterinaryDispensing Technician › 37-18-806. Veterinary dispensing technicians -- registration requirements -- rulemaking

37-18-806. Veterinary dispensing technicians -- registration requirements -- rulemaking.
(1) A veterinary dispensing technician shall register with the board of veterinary medicine on an annual basis.
(2) The current veterinary dispensing technician license must be conspicuously displayed and in the veterinary retail facility where the veterinary dispensing technician is employed.
(3) A veterinary dispensing technician shall wear a name badge while in the veterinary retail facility that clearly identifies the person as a veterinary dispensing technician.
(4) A veterinary dispensing technician shall inform the board of a change in address or place of employment within 15 days after the change. The board shall subsequently adjust the board's records.
(5) The board may adopt rules to implement this section.
History: En. Sec. 6, Ch. 759, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 8. Licensing -- Veterinary Retail Facility -- VeterinaryDispensing Technician › 37-18-807. Penalties for violations

37-18-807. Penalties for violations.
A person, partnership, association, corporation, or limited liability company violating the provisions of this part is guilty of a misdemeanor. On conviction for any violation of this part, the board may revoke a permit or registration issued pursuant to this part or issue other disciplinary action pursuant to 37-1-136.
History: En. Sec. 7, Ch. 759, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 2. Board of Funeral Service › 37-19-201. Organization -- compensation and expenses of members

37-19-201. Organization -- compensation and expenses of members.
The board shall elect a presiding officer, secretary-treasurer, and other necessary officers. Board members are entitled to receive compensation and travel expenses as provided for in 37-1-133.
History: En. Sec. 3, Ch. 41, L. 1963; amd. Sec. 262, Ch. 350, L. 1974; amd. Sec. 42, Ch. 439, L. 1975; amd. Sec. 4, Ch. 531, L. 1977; R.C.M. 1947, 66-2703; amd. Sec. 23, Ch. 474, L. 1981; amd. Sec. 1386, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 2. Board of Funeral Service › 37-19-202. Meetings -- rulemaking power

37-19-202. Meetings -- rulemaking power.
The board shall hold meetings as may be necessary. The board may adopt and enforce rules to carry out the purposes of this chapter.
History: En. Sec. 4, Ch. 41, L. 1963; R.C.M. 1947, 66-2704; amd. Sec. 27, Ch. 492, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 2. Board of Funeral Service › 37-19-203. Terminated

37-19-203. Terminated.
Sec. 6, Ch. 380, L. 2015.
History: En. Sec. 1, Ch. 380, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 2. Board of Funeral Service › 37-19-204. Special revenue account -- use of funds -- reporting requirement

37-19-204. Special revenue account -- use of funds -- reporting requirement.
(1) The department shall deposit in the state special revenue fund for use by the board the death certificate fees transferred to the department pursuant to 7-4-2631 and 50-15-111.
(2) The revenue received by the board under subsection (1) must be used by the board for the general administration of the board.
(3) The board may not reduce license fees to offset revenue raised by the death certificate fee.
(4) Any money in excess of the amount allowed for board costs under 37-1-134 must be deposited in the state general fund.
(5) The board shall report to the economic affairs interim committee as provided in 5-11-210 on the status of the special revenue account and fees charged as a funding source for the board.
History: En. Sec. 1, Ch. 160, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 3. Licensing of Morticians › 37-19-301. Repealed

37-19-301. Repealed.
Sec. 14, Ch. 49, L. 2019.
History: En. Sec. 7, Ch. 41, L. 1963; amd. Sec. 264, Ch. 350, L. 1974; amd. Sec. 11, Ch. 215, L. 1975; R.C.M. 1947, 66-2707; amd. Sec. 47, Ch. 345, L. 1981; amd. Sec. 69, Ch. 429, L. 1995; amd. Sec. 24, Ch. 492, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 3. Licensing of Morticians › 37-19-302. License required for practice of mortuary science -- qualifications of applicants

37-19-302. License required for practice of mortuary science -- qualifications of applicants.
(1) The practice of mortuary science is limited to:
(a) licensed morticians;
(b) licensed interns; and
(c) students exempted under 37-19-308.
(2) A person 18 years of age or older wishing to practice mortuary science in this state shall apply to the board on the form and in the manner prescribed by the board.
(3) To qualify for a mortician's license, a person must:
(a) be of good moral character;
(b) have graduated from an accredited college or university with an associate degree in mortuary science;
(c) pass an examination prescribed by the board and pay the application fee set by the board by rule; and
(d) serve a 1-year internship under the supervision of a licensed mortician in a licensed mortuary.
(4) A person who fails the examination required in subsection (3)(c) may retake the examination under conditions prescribed by rule of the board.
History: En. Sec. 8, Ch. 41, L. 1963; amd. Sec. 9, Ch. 168, L. 1971; amd. Sec. 265, Ch. 350, L. 1974; R.C.M. 1947, 66-2708; amd. Sec. 4, Ch. 378, L. 1981; amd. Sec. 1, Ch. 510, L. 1985; amd. Sec. 22, Ch. 224, L. 2003; amd. Sec. 1, Ch. 34, L. 2015; amd. Sec. 1, Ch. 46, L. 2019; amd. Sec. 4, Ch. 49, L. 2019; amd. Sec. 1, Ch. 355, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 3. Licensing of Morticians › 37-19-303. Mortician's license --renewals -- fees

37-19-303. Mortician's license --renewals -- fees.
A person licensed to practice mortuary science under a mortician's license may renew the license on payment of the renewal license fee set by the board by rule.
History: En. Sec. 9, Ch. 41, L. 1963; amd. Sec. 266, Ch. 350, L. 1974; amd. Sec. 12, Ch. 215, L. 1975; R.C.M. 1947, 66-2709; amd. Sec. 48, Ch. 345, L. 1981; amd. Sec. 23, Ch. 224, L. 2003; amd. Sec. 5, Ch. 49, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 3. Licensing of Morticians › 37-19-304. Issuance of intern's license -- license fee -- issuance of mortician's license on completion of internship

37-19-304. Issuance of intern's license -- license fee -- issuance of mortician's license on completion of internship.
An applicant currently enrolled in or having already graduated from a program qualifying under 37-19-302(3)(b) shall, upon payment of a license fee prescribed by the board, be granted an intern mortician's license to practice mortuary science under the supervision of a licensed mortician in a licensed mortuary in Montana.
History: En. Sec. 10, Ch. 41, L. 1963; R.C.M. 1947, 66-2710; amd. Sec. 49, Ch. 345, L. 1981; amd. Sec. 2, Ch. 510, L. 1985; amd. Sec. 25, Ch. 492, L. 1997; amd. Sec. 2, Ch. 355, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 3. Licensing of Morticians › 37-19-305. Repealed

37-19-305. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 12, Ch. 41, L. 1963; R.C.M. 1947, 66-2712; amd. Sec. 5, Ch. 378, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 3. Licensing of Morticians › 37-19-306. Repealed

37-19-306. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 11, Ch. 41, L. 1963; amd. Sec. 267, Ch. 350, L. 1974; amd. Sec. 13, Ch. 215, L. 1975; R.C.M. 1974, 66-2711; amd. Sec. 50, Ch. 345, L. 1981; amd. Sec. 70, Ch. 429, L. 1995; amd. Sec. 26, Ch. 492, L. 1997; amd. Sec. 27, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 3. Licensing of Morticians › 37-19-307. Deposit of money received

37-19-307. Deposit of money received.
Money collected by the department under this chapter shall be deposited for the use of the board, subject to 37-1-101(6).
History: En. Sec. 6, Ch. 41, L. 1963; amd. Sec. 263, Ch. 350, L. 1974; R.C.M. 1947, 66-2706.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 3. Licensing of Morticians › 37-19-308. Student exemption -- rulemaking

37-19-308. Student exemption -- rulemaking.
(1) A student currently enrolled in an accredited or approved funeral service or mortuary science degree program may engage in the practice of mortuary science without a license under this chapter if practicing:
(a) as part of a required student clinical practicum associated with the educational program; and
(b) under the supervision of a licensed mortician who operates from a licensed mortuary or branch establishment.
(2) The board may adopt rules pertaining to the requirements for supervision and for mortuary and branch establishments. The rules must be limited to implementing only the purposes outlined in subsection (1).
History: En. Sec. 1, Ch. 49, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 3. Licensing of Morticians › 37-19-311. Repealed

37-19-311. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 14, Ch. 41, L. 1963; R.C.M. 1947, 66-2714; amd. Sec. 6, Ch. 378, L. 1981; amd. Sec. 3, Ch. 510, L. 1985; amd. Sec. 2, Ch. 298, L. 1989.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 3. Licensing of Morticians › 37-19-312. Repealed

37-19-312. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 15, Ch. 41, L. 1963; amd. Sec. 268, Ch. 350, L. 1974; R.C.M. 1947, 66-2715.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 3. Licensing of Morticians › 37-19-315. Funeral costs -- rules on disclosure

37-19-315. Funeral costs -- rules on disclosure.
The board shall adopt rules requiring mortuaries to disclose in writing to all customers a complete itemized list of all funeral costs and complete information regarding the need for embalming.
History: En. Sec. 7, Ch. 378, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 3. Licensing of Morticians › 37-19-316. Repealed

37-19-316. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 8, Ch. 378, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 4. Licensing of Mortuaries › 37-19-401. License required -- display of license

37-19-401. License required -- display of license.
An operating mortuary must be licensed by the board. The license must be displayed in a conspicuous place.
History: En. Sec. 13, Ch. 41, L. 1963; R.C.M. 1947, 66-2713(part); amd. Sec. 3, Ch. 298, L. 1989; amd. Sec. 71, Ch. 429, L. 1995; amd. Sec. 59, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 4. Licensing of Mortuaries › 37-19-402. Operator's license requirements -- facility inspections -- transfer of license to new facility

37-19-402. Operator's license requirements -- facility inspections -- transfer of license to new facility.
(1) The operation of a mortuary is prohibited by anyone not holding a mortician's license.
(2) A license to operate a new mortuary facility in Montana may be issued only if the proposed mortuary facility meets standards for operating mortuaries adopted by the board.
(3) (a) An applicant for a license to operate a new mortuary shall send to the department a written and verified application on a form prescribed by the board. The application must be accompanied by an initial inspection fee.
(b) The department shall inspect the proposed new mortuary and report its findings to the board.
(4) The board shall grant a license if the department determines that the proposed new facility meets the standards adopted by the board and will be operated by a person who has been issued a mortician's license.
(5) The board may grant a temporary license to a mortuary until the initial inspection is completed.
(6) A mortuary license may be transferred from one facility to another only when the proprietor of a licensed facility terminates services at the licensed facility and commences services at a new facility. The new facility must be inspected and must meet standards for operating mortuaries.
(7) A mortuary may be inspected by members of the board or their representatives during business hours.
History: En. Sec. 13, Ch. 41, L. 1963; R.C.M. 1947, 66-2713(4); amd. Sec. 4, Ch. 298, L. 1989; amd. Sec. 6, Ch. 49, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 4. Licensing of Mortuaries › 37-19-403. Power of board to set facility standards -- inspection -- fees

37-19-403. Power of board to set facility standards -- inspection -- fees.
(1) The board may adopt rules prescribing reasonable standards for operating mortuaries, including minimum requirements for drainage, ventilation, and instruments. The board may inspect the premises of a mortuary establishment to determine if rules are complied with. Inspections are at the discretion of the board and may be without notice. An initial inspection is mandatory.
(2) The board may charge the operator an inspection fee, including an initial inspection fee, to be set at the discretion of the board. Fees must be commensurate with costs.
History: En. Sec. 13, Ch. 41, L. 1963; R.C.M. 1947, 66-2713(part); amd. Sec. 51, Ch. 345, L. 1981; amd. Sec. 5, Ch. 298, L. 1989.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 4. Licensing of Mortuaries › 37-19-404. Repealed

37-19-404. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 13, Ch. 41, L. 1963; R.C.M. 1947, 66-2713(3); amd. Sec. 6, Ch. 298, L. 1989.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 5. Remedies for Violation(Repealed) › 37-19-501. Repealed

37-19-501. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 17, Ch. 41, L. 1963; R.C.M. 1947, 66-2717.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians › 37-19-701. Purpose

37-19-701. Purpose.
The legislature finds that because the practice of crematory operation affects the lives of the people of this state and because some Montanans may exercise their right to choose cremation for themselves or a loved one, it is the purpose of this part to:
(1) provide standards for the licensing and regulation of crematoriums in order to protect the public health, safety, and welfare; and
(2) ensure the qualified and professional practice of crematory operation.
History: En. Sec. 1, Ch. 38, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians › 37-19-702. Licenses required -- display of licenses -- renewal -- penalty for late renewal

37-19-702. Licenses required -- display of licenses -- renewal -- penalty for late renewal.
(1) A person doing business in this state or a cemetery, mortuary, corporation, partnership, joint venture, voluntary organization, or other entity that erects, maintains, or provides the necessary appliances and facilities for the cremation of human remains and that conducts cremations must be licensed by the board. The license must be displayed in a conspicuous place in the crematory facility.
(2) A crematory license expires on the date set by department rule and may be renewed upon payment of a fee set by the board. The fee must include the cost of annual inspection. If a crematory facility is attached to a licensed mortuary, only one inspection fee may be charged for inspection of both a mortuary facility under 37-19-403 and a crematory facility.
(3) A person in charge of a licensed crematory facility must be licensed as a crematory operator by the board. A person employed by a licensed crematory facility must be licensed as a crematory technician by the board. The license must be displayed in a conspicuous place in the crematory facility.
(4) Crematory operator and crematory technician licenses expire on the date set by department rule and may be renewed upon payment of a fee set by the board. On-the-job training must be provided to a crematory technician at the time of employment.
History: En. Sec. 4, Ch. 38, L. 1993; amd. Sec. 72, Ch. 429, L. 1995; amd. Sec. 60, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians › 37-19-703. Application -- power of board to set standards -- inspection -- fees

37-19-703. Application -- power of board to set standards -- inspection -- fees.
(1) Application for a crematory, crematory operator, or crematory technician license must be on forms prescribed by the board and must include the name of the applicant, name of the crematory facility, location of the crematory facility and its mailing address, and any further information the board requires. To be eligible for licensure:
(a) as a crematory facility, an application must include a description of the type of structure and equipment to be used in the operation of the crematory facility;
(b) as a crematory operator, an applicant must be at least 18 years of age, must be a high school graduate or have an equivalent degree, and must be of good moral character.
(2) The application must be accompanied by an application fee set by the board.
(3) The board must be notified of any change of ownership of a crematory within 30 days of the change.
(4) A license to operate a crematory in Montana may be issued only upon inspection of the crematory facility and upon a finding of compliance with standards for operation set by the board.
(5) A temporary permit may be issued to operate a crematory facility, as prescribed by board rule, that is effective until the initial inspection is completed to the board's satisfaction.
(6) A crematory facility may be inspected by a board member or the board's designated representative during business hours.
(7) The board shall adopt rules governing the cremation of human remains, the transportation of human remains, sanitation, equipment, fire protection, building construction, and recordkeeping.
(8) A crematory facility shall comply with all local building codes, environmental standards, and applicable state and local regulations.
(9) A new crematory facility shall pay an initial inspection fee, set by the board, that must accompany the application.
History: En. Sec. 5, Ch. 38, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians › 37-19-704. Cremation authorization required -- identification

37-19-704. Cremation authorization required -- identification.
(1) Except as otherwise provided in this chapter, a crematory may not cremate human remains until it has received a cremation authorization.
(2) A crematory may not accept unidentified human remains.
(3) Appropriate identification must be placed upon the exterior of the cremation container upon receipt of the human remains.
History: En. Sec. 6, Ch. 38, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians › 37-19-706. Disposition of cremated remains

37-19-706. Disposition of cremated remains.
(1) The person arranging the cremation shall require the authorizing agent to provide a signed statement that specifies the ultimate disposition of the cremated remains, if known.
(2) The authorizing agent is responsible for specifying the disposition of the cremated remains. If, after a period of 90 days from the date of cremation, the authorizing agent has not specified the ultimate disposition or claimed the cremated remains, the crematory or person in possession of the cremated remains is responsible for disposition of the cremated remains and may then dispose of the cremated remains in any manner permitted by law. A record of the disposition must be made and kept by the crematory operator. This subsection applies to all cremated remains in the possession of a crematory or other party.
(3) Except with the express written consent of the authorizing agent, a person may not:
(a) dispose of or scatter cremated remains in a manner or in a location that commingles the cremated remains with those of another person. The provisions of this subsection (3) do not apply to the scattering of cremated remains from individual containers over public waterways or by air or to the scattering of cremated remains in an area located in a dedicated cemetery and used exclusively for that purpose.
(b) place cremated remains of more than one person in the same closed container.
(4) Cremated remains must be delivered to the individual specified by the authorizing agent on the cremation authorization form.
(5) A representative of the crematory and the individual receiving the cremated remains shall sign a receipt indicating the name of the deceased and the date, time, and place of the delivery. The crematory shall retain a copy of the receipt, and the original must be given to the authorizing agent. After this delivery, the cremated remains may be transported, in this state, without a permit and disposed of in accordance with this chapter.
History: En. Sec. 8, Ch. 38, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians › 37-19-707. Limitation of liability

37-19-707. Limitation of liability.
(1) A person signing a cremation authorization form shall warrant the truthfulness of any facts set forth in the form, including the identity of the deceased whose remains are to be cremated and the signer's authority to order cremation.
(2) A crematory, crematory operator, or crematory technician who properly cremates human remains, refuses to accept a body or perform a cremation, or refuses to release cremated remains due to an unresolved dispute is presumed to have acted properly and without negligence if the actions were performed in accordance with Title 37, chapter 19.
History: En. Sec. 9, Ch. 38, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 7. Licensing of Crematoriums, Crematory Operators, and Crematory Technicians › 37-19-708. Preneed cremation authorizations

37-19-708. Preneed cremation authorizations.
(1) Preneed cremation authorizations may be made with a cemetery, funeral establishment, crematory, or any other party. Preneed authorizations must specify the ultimate disposition of the cremated remains, be signed by the authorizing agent, and meet other requirements established by board rule.
(2) A crematory operator or crematory technician shall comply with the terms of the preneed authorization in releasing or disposing of the cremated remains at the time of death.
(3) Upon payment for cremation and disposition, a crematory, crematory operator, or crematory technician in possession of a cremation authorization form and the deceased's human remains is not liable for the actual cremation and the disposition of the cremated remains if the terms of the preneed authorization have been complied with.
History: En. Sec. 10, Ch. 38, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 19. Morticians and Funeral Services › Part 8. Perpetually Maintained Cemeteries -- Trusts › 37-19-801. Short title

37-19-801. Short title.
This part may be referred to as the "Perpetually Maintained Cemeteries and Funeral and Cemetery Trusts Act".
History: En. Sec. 3, Ch. 52, L. 1997; amd. Sec. 7, Ch. 49, L. 2019.