reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-303. Scope

37-1-303. Scope.
This part governs the licensure, the practice and unauthorized practice, and the discipline of professions and occupations governed by this title unless otherwise provided by statutes relating to a specific board and the profession or occupation it regulates. The provisions of this chapter must be construed to supplement the statutes relating to a specific board and the profession it regulates. The method for initiating and judging a disciplinary proceeding, specified in 37-1-307(1)(d), must be used by a board in all disciplinary proceedings involving licensed professionals.
History: En. Sec. 3, Ch. 429, L. 1995; amd. Sec. 40, Ch. 44, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-304. Licensure of out-of-state applicants -- reciprocity

37-1-304. Licensure of out-of-state applicants -- reciprocity.
(1) Except as provided in Title 37, chapter 39, the board shall issue a license to practice without examination to a person licensed in another state if the board determines that:
(a) the other state's license standards at the time of application to this state are substantially equivalent to or greater than the standards in this state; and
(b) there is no reason to deny the license under the laws of this state governing the profession or occupation.
(2) The license may be issued if the applicant affirms or states in the application that the applicant has requested verification from the state or states in which the person is licensed that the person is currently licensed and is not subject to pending charges or final disciplinary action for unprofessional conduct or impairment. If the board or its screening panel finds reasonable cause to believe that the applicant falsely affirmed or stated that the applicant has requested verification from another state, the board may summarily suspend the license pending further action to discipline or revoke the license.
(3) This section does not prevent a board from entering into a reciprocity agreement with the licensing authority of another state or jurisdiction. Except as provided in Title 37, chapter 39, the agreement may not permit out-of-state licensees to obtain a license by reciprocity within this state if the license applicant has not met standards that are substantially equivalent to or greater than the standards required in this state as determined by the board on a case-by-case basis.
History: En. Sec. 4, Ch. 429, L. 1995; amd. Sec. 1, Ch. 210, L. 1997; amd. Sec. 1, Ch. 100, L. 2011; amd. Sec. 1, Ch. 83, L. 2019; amd. Sec. 6, Ch. 590, L. 2023; amd. Sec. 35, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-305. Temporary practice permits

37-1-305. Temporary practice permits.
(1) (a) A board may issue a temporary practice permit to a person licensed in another state that has licensing standards substantially equivalent to those of this state if the board determines that there is no reason to deny the license under the laws of this state governing the profession or occupation.
(b) The board shall issue a temporary practice permit as provided in this section within 45 calendar days of receiving a completed application. The board shall notify an applicant within 10 days of receiving an application under this section of deficiencies in the application or provide information as to any exigent circumstances that may delay issuing a temporary practice permit.
(c) The person may practice under the permit until a license is granted or until a notice of proposal to deny a license is issued.
(d) The permit may be issued in the board's discretion if the applicant verifies or states in the application that the applicant has requested verification from the state or states in which the person is licensed that the person is currently licensed and is not subject to pending charges or final disciplinary action for unprofessional conduct or impairment. If the board or its screening panel finds reasonable cause to believe that the applicant falsely affirmed or stated that the applicant has requested verification from the other state or states, the board may summarily suspend the permit pending further action to discipline or revoke the permit.
(2) A board may issue a temporary practice permit to a person seeking licensure in this state who has met all licensure requirements other than passage of the licensing examination. Except as provided in 37-68-311 and 37-69-306, a permit is valid until the person either fails the first license examination for which the person is eligible following issuance of the permit or passes the examination and is granted a license. Determination regarding whether the applicant has met all licensure requirements except passage of the licensing examination must occur within 45 calendar days on a routine, complete application.
History: En. Sec. 5, Ch. 429, L. 1995; amd. Sec. 1, Ch. 203, L. 1999; amd. Sec. 2, Ch. 100, L. 2011; amd. Sec. 2, Ch. 195, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-306. Continuing education -- certification -- other qualifications for continued licensure -- audit

37-1-306. Continuing education -- certification -- other qualifications for continued licensure -- audit.
(1) A board may require licensees to participate in flexible, cost-efficient, effective, and geographically accessible continuing education or continued state, regional, or national certification for licensure.
(2) A board that requires continuing education or state, regional, or national certification may not audit or require proof of continuing education or certification as a precondition for license renewal. However, a licensee who reactivates a license after the license has expired, as provided in 37-1-141, is subject to a mandatory continuing education audit.
(3) Except as provided in 37-50-305, after the lapsed date provided for in 37-1-141, the board or department may conduct a random audit of up to 50% of all licensees who have renewed their licenses to determine compliance with board or program continuing education requirements.
(4) The board or department may audit licensees for compliance with state, regional, or national certification or other board or department requirements.
(5) The board or department shall provide a licensee not in compliance with continuing education or certification requirements with an opportunity to cure the noncompliance as provided in 37-1-321.
History: En. Sec. 6, Ch. 429, L. 1995; amd. Sec. 15, Ch. 467, L. 2005; amd. Sec. 4, Ch. 80, L. 2015; amd. Sec. 1, Ch. 50, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-308. Unprofessional conduct -- complaint -- investigation -- immunity -- exceptions

37-1-308. Unprofessional conduct -- complaint -- investigation -- immunity -- exceptions.
(1) Except as provided in subsections (4) and (5), a person, government, or private entity may submit a written complaint to the department charging a licensee or license applicant with a violation of this part and specifying the grounds for the complaint.
(2) (a) If the department receives a written complaint or otherwise obtains information that a licensee or license applicant may have committed a violation of this part, the department may, with the concurrence of a member of the screening panel established in 37-1-307, investigate to determine whether there is reasonable cause to believe that the licensee or license applicant has committed the violation.
(b) Except as provided in subsection (2)(c), if the written complaint or information that a licensee or license applicant may have violated a requirement of this part is based on the licensee or license applicant's exercise of rights protected under the free exercise clause or the free speech clause of the Montana constitution or the United States constitution, then the investigation of the licensee or license applicant must cease immediately, and the complaint must be dismissed.
(c) If the complaint alleges an activity by a licensee whose free speech rights are protected under 50-4-1106, the department or licensing board receiving the complaint must comply with the notification requirements of 50-4-1106.
(3) A person or private entity, but not a government entity, filing a complaint under this section in good faith is immune from suit in a civil action related to the filing or contents of the complaint.
(4) A person under legal custody of a county detention center or incarcerated under legal custody of the department of corrections may not file a complaint under subsection (1) against a licensed or certified provider of health care or rehabilitative services for services that were provided to the person while detained or confined in a county detention center or incarcerated under legal custody of the department of corrections unless the complaint is first reviewed by a correctional health care review team provided for in 37-1-331.
(5) A board member may file a complaint with the board on which the member serves or otherwise act in concert with a complainant in developing, authoring, or initiating a complaint to be filed with the board if the board member determines that there are reasonable grounds to believe that a particular statute, rule, or standard has been violated.
History: En. Sec. 8, Ch. 429, L. 1995; amd. Sec. 4, Ch. 475, L. 1997; amd. Sec. 1, Ch. 375, L. 1999; amd. Sec. 9, Ch. 492, L. 2001; amd. Sec. 7, Ch. 381, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-309. Notice -- request for hearing

37-1-309. Notice -- request for hearing.
(1) If a reasonable cause determination is made pursuant to 37-1-307 that a violation of this part has occurred and the provisions of 37-1-321 do not apply, a notice must be prepared by department legal staff and served on the alleged violator. The notice may be served by certified mail to the current address on file with the board or by other means authorized by the Montana Rules of Civil Procedure. The notice may not allege a violation of a particular statute, rule, or standard unless the board or the board's screening panel, if one has been established, has made a written determination that there are reasonable grounds to believe that the particular statute, rule, or standard has been violated.
(2) A licensee or license applicant shall give the board the licensee's or applicant's current address and any change of address within 30 days of the change.
(3) The notice must state that the licensee or license applicant may request a hearing to contest the charge or charges. A request for a hearing must be in writing and received in the offices of the department within 20 days after the licensee's receipt of the notice. Failure to request a hearing constitutes a default on the charge or charges, and the board may enter a decision on the basis of the facts available to it.
History: En. Sec. 9, Ch. 429, L. 1995; amd. Sec. 10, Ch. 492, L. 2001; amd. Sec. 6, Ch. 80, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-310. Hearing -- adjudicative procedures

37-1-310. Hearing -- adjudicative procedures.
The procedures in Title 2, chapter 4, governing adjudicative proceedings before agencies; the Montana Rules of Civil Procedure; and the Montana Rules of Evidence govern a hearing under this part. A board has all the powers and duties granted by Title 2, chapter 4.
History: En. Sec. 10, Ch. 429, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-311. Findings of fact -- order -- report

37-1-311. Findings of fact -- order -- report.
(1) If the board decides by a preponderance of the evidence, following a hearing or on default, that a violation of this part occurred, the department shall prepare and serve the board's findings of fact and an order as provided in Title 2, chapter 4. If the licensee or license applicant is found not to have violated this part, the department shall prepare and serve the board's findings of fact and an order of dismissal of the charges.
(2) (a) The department shall within a reasonable amount of time report to the public the issuance of a summary suspension, a notice under 37-1-309, an accepted stipulation, a hearing examiner's proposed decision, and a final order.
(b) In addition to any other means of notice, the department shall post the required information on a publicly available website.
(c) This subsection (2) may not be construed to require a meeting to be open or records to be disseminated when the demands of individual privacy clearly exceed the merits of public disclosure.
History: En. Sec. 11, Ch. 429, L. 1995; amd. Sec. 4, Ch. 225, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-312. Sanctions -- stay -- costs -- stipulations

37-1-312. Sanctions -- stay -- costs -- stipulations.
(1) Upon a decision that a licensee or license applicant has violated this part or is unable to practice with reasonable skill and safety due to a physical or mental condition or upon stipulation of the parties as provided in subsection (3), the board may issue an order providing for one or any combination of the following sanctions:
(a) revocation of the license;
(b) suspension of the license for a fixed or indefinite term;
(c) restriction or limitation of the practice;
(d) satisfactory completion of a specific program of remedial education or treatment;
(e) monitoring of the practice by a supervisor approved by the disciplining authority;
(f) censure or reprimand, either public or private;
(g) compliance with conditions of probation for a designated period of time;
(h) payment of a fine not to exceed $1,000 for each violation. Fines must be deposited in the state general fund.
(i) denial of a license application;
(j) refund of costs and fees billed to and collected from a consumer.
(2) A sanction may be totally or partly stayed by the board. To determine which sanctions are appropriate, the board shall first consider the sanctions that are necessary to protect or compensate the public. Only after the determination has been made may the board consider and include in the order any requirements designed to rehabilitate the licensee or license applicant.
(3) The licensee or license applicant may enter into a stipulated agreement resolving potential or pending charges that includes one or more of the sanctions in this section. The stipulation is an informal disposition for the purposes of 2-4-603.
(4) A licensee shall surrender a suspended or revoked license to the board within 24 hours after receiving notification of the suspension or revocation by mailing it or delivering it personally to the board.
History: En. Sec. 12, Ch. 429, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-313. Appeal

37-1-313. Appeal.
(1) A person who is disciplined by a board under 37-1-308 through 37-1-312 or denied a license may appeal the decision to the district court as provided in Title 2, chapter 4.
(2) A person who disputes the department's deficiency determination made pursuant to 37-1-321 may appeal the decision to the board. Consideration of the dispute is not an adversarial or a contested case hearing. The board's decision may be appealed as provided in subsection (1).
History: En. Sec. 13, Ch. 429, L. 1995; amd. Sec. 7, Ch. 80, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-314. Reinstatement

37-1-314. Reinstatement.
A licensee whose license has been suspended or revoked under this part may petition the board for reinstatement after an interval set by the board in the order. The board may hold a hearing on the petition and may deny the petition or order reinstatement and impose terms and conditions as provided in 37-1-312. The board may require the successful completion of an examination as a condition of reinstatement and may treat a licensee whose license has been revoked or suspended as a new applicant for purposes of establishing the requisite qualifications of licensure.
History: En. Sec. 14, Ch. 429, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-315. Enforcement of fine

37-1-315. Enforcement of fine.
(1) If payment of a fine is included in an order and timely payment is not made as directed in the order, the board may enforce the order for payment in the district court of the first judicial district.
(2) In a proceeding for enforcement of an order of payment of a fine, the order is conclusive proof of the validity of the order of payment and the terms of payment.
History: En. Sec. 15, Ch. 429, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-317. Repealed

37-1-317. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 17, Ch. 429, L. 1995; amd. Sec. 3, Ch. 230, L. 1999; amd. Sec. 1, Ch. 402, L. 1999.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-318. Repealed

37-1-318. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 18, Ch. 429, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-319. Rules

37-1-319. Rules.
A board may adopt rules:
(1) under the guidelines of 37-1-306, regarding continuing education and establishing the number of hours required each year, the methods of obtaining education, education topics, and carrying over hours to subsequent years;
(2) regarding practice limitations for temporary practice permits issued under 37-1-305 and designed to ensure adequate supervision of the practice until all qualifications for licensure are met and a license is granted;
(3) regarding qualifications for inactive license status that may require compliance with stated continuing education requirements and may limit the number of years a person may remain on inactive status without having to reestablish qualifications for licensure;
(4) regarding maintenance and safeguarding of client funds or property possessed by a licensee and requiring the funds or property to be maintained separately from the licensee's funds and property; and
(5) defining acts of unprofessional conduct, in addition to those contained in 37-1-316, that constitute a threat to public health, safety, or welfare and that are inappropriate to the practice of the profession or occupation.
History: En. Sec. 19, Ch. 429, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-320. Mental intent -- unprofessional conduct

37-1-320. Mental intent -- unprofessional conduct.
A licensee may be found to have violated a provision of 37-1-316 or a rule of professional conduct enacted by a governing board without proof that the licensee acted purposefully, knowingly, or negligently.
History: En. Sec. 7, Ch. 492, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-321. Authority to administratively suspend license

37-1-321. Authority to administratively suspend license.
(1) A board, the department if authorized by the board, or the department for programs without a board may administratively suspend a license when:
(a) an audit of continuing education, certification, or other qualifications necessary for continued licensure demonstrates that the licensee is noncompliant with requirements established by the board or by the department for a program;
(b) the licensee fails to respond to a board or department audit as provided in subsection (1)(a);
(c) the department receives notice of insufficient funds in the account used by the licensee to pay for an administrative fee or a board fee or fine;
(d) the department has reasonable grounds to believe the licensee did not possess the qualifications for initial issuance of the license; or
(e) a licensee fails to comply with the terms of a final order imposed pursuant to 37-1-312 or 37-1-405.
(2) Upon identifying one or more of the deficiencies listed in subsection (1), the department shall inform the licensee in writing and provide the licensee 60 days from the date of the correspondence to cure the deficiency.
(3) If the licensee fails to cure the deficiency as provided in subsection (2), a board, the department if authorized by the board, or the department for programs without a board may administratively suspend the license without additional notice or opportunity for hearing.
(4) (a) The administrative suspension remains in effect until:
(i) a board, the department if authorized by the board, or the department for programs without a board determines the licensee has cured the deficiency; or
(ii) the license terminates as provided in 37-1-141.
(b) An administratively suspended license that is not renewed lapses, expires, or terminates as provided in 37-1-141.
(5) A licensee may not use a protected title or practice the licensed profession or occupation while the license is administratively suspended.
(6) To reinstate the administratively suspended license, a licensee must pay an administrative fee established by the department by rule and submit information necessary to cure the deficiencies as determined in the discretion of the department.
(7) Instead of an administrative suspension, the department may refer the deficiencies demonstrated in subsection (1) for disciplinary proceedings as provided in 37-1-309 or 37-1-403, as applicable. A board or the department may not proceed against a licensee for the same act or failure to act under both an administrative suspension as provided in this section and a disciplinary proceeding as provided in 37-1-309 or 37-1-403.
History: En. Sec. 1, Ch. 80, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 3. Uniform Professional Licensing and Regulation Procedures › 37-1-332. Repealed

37-1-332. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 1, Ch. 212, L. 2015; amd. Sec. 16, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 4. Uniform Regulations for Licensing Programs Without Boards › 37-1-402. Unprofessional conduct -- complaint -- investigation -- immunity

37-1-402. Unprofessional conduct -- complaint -- investigation -- immunity.
(1) A person, government, or private entity may submit a written complaint to the department charging a licensee or license applicant with a violation of this part and specifying the grounds for the complaint.
(2) If the department receives a written complaint or otherwise obtains information that a licensee or license applicant may have violated a requirement of this part, the department may investigate to determine whether there is reasonable cause to believe that the licensee or license applicant has committed the violation. However, if the written complaint or information that a licensee or license applicant may have violated a requirement of this part is based on the licensee or license applicant's exercise of rights protected under the free exercise clause or the free speech clause of the Montana constitution or the United States constitution, then the investigation of the licensee or license applicant must cease immediately and the complaint must be dismissed.
(3) A person or private entity, but not a government entity, filing a complaint under this section in good faith is immune from suit in a civil action related to the filing or contents of the complaint.
History: En. Sec. 2, Ch. 481, L. 1997; amd. Sec. 4, Ch. 381, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 4. Uniform Regulations for Licensing Programs Without Boards › 37-1-403. Notice -- request for hearing

37-1-403. Notice -- request for hearing.
(1) If the department determines that reasonable cause exists supporting the allegation made in a complaint and the provisions of 37-1-321 do not apply, the department legal staff shall prepare a notice and serve the alleged violator. The notice may be served by certified mail to the current address on file with the department or by other means authorized by the Montana Rules of Civil Procedure.
(2) A licensee or license applicant shall give the department the licensee's or applicant's current address and any change of address within 30 days of the change.
(3) The notice must state that the licensee or license applicant may request a hearing to contest the charge or charges. A request for a hearing must be in writing and must be received in the offices of the department within 20 days after the licensee's receipt of the notice. Failure to request a hearing constitutes a default on the charge or charges, and the department may enter a decision on the basis of the facts available to it.
History: En. Sec. 3, Ch. 481, L. 1997; amd. Sec. 8, Ch. 80, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 4. Uniform Regulations for Licensing Programs Without Boards › 37-1-404. Hearing -- adjudicative procedures

37-1-404. Hearing -- adjudicative procedures.
The procedures in Title 2, chapter 4, governing adjudicative proceedings before agencies, the Montana Rules of Civil Procedure, and the Montana Rules of Evidence govern a hearing under this part. The department has all the powers and duties granted by Title 2, chapter 4.
History: En. Sec. 4, Ch. 481, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 4. Uniform Regulations for Licensing Programs Without Boards › 37-1-405. Findings of fact -- order -- report

37-1-405. Findings of fact -- order -- report.
(1) If the department finds by a preponderance of the evidence, following a hearing or on default, that a violation of this part has occurred, the department shall prepare and serve findings of fact, conclusions of law, and an order as provided in Title 2, chapter 4. If the licensee or license applicant is found not to have violated this part, the department shall prepare and serve an order of dismissal of the charges.
(2) (a) The department shall within a reasonable amount of time report to the public the issuance of a summary suspension, a notice under 37-1-403, an accepted stipulation, a hearing examiner's proposed decision, and a final order.
(b) In addition to any other means of notice, the department shall post the required information on a publicly available website.
(c) This subsection (2) may not be construed to require a meeting to be open or records to be disseminated when the demands of individual privacy clearly exceed the merits of public disclosure.
History: En. Sec. 5, Ch. 481, L. 1997; amd. Sec. 5, Ch. 225, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 4. Uniform Regulations for Licensing Programs Without Boards › 37-1-406. Sanctions -- stay -- costs -- stipulations

37-1-406. Sanctions -- stay -- costs -- stipulations.
(1) Upon a decision that a licensee or license applicant has violated this part or is unable to practice with reasonable skill and safety due to a physical or mental condition or upon stipulation of the parties as provided in subsection (4), the department may issue an order providing for one or any combination of the following sanctions:
(a) revocation of the license;
(b) suspension of the license for a fixed or indefinite term;
(c) restriction or limitation of the practice;
(d) satisfactory completion of a specific program of remedial education or treatment;
(e) monitoring of the practice by a supervisor approved by the disciplining authority;
(f) censure or reprimand, either public or private;
(g) compliance with conditions of probation for a designated period of time;
(h) payment of a fine not to exceed $1,000 for each violation;
(i) denial of a license application;
(j) refund of costs and fees billed to and collected from a consumer.
(2) Any fine collected by the department as a result of disciplinary actions must be deposited in the state general fund.
(3) A sanction may be totally or partly stayed by the department. To determine which sanctions are appropriate, the department shall first consider the sanctions that are necessary to protect or compensate the public. Only after the determination has been made may the department consider and include in the order any requirements designed to rehabilitate the licensee or license applicant.
(4) The licensee or license applicant may enter into a stipulated agreement resolving potential or pending charges that includes one or more of the sanctions in this section. The stipulation is an informal disposition for the purposes of 2-4-603.
(5) A licensee shall surrender a suspended or revoked license to the department within 24 hours after receiving notification of the suspension or revocation by mailing the license or delivering it personally to the department.
History: En. Sec. 6, Ch. 481, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 4. Uniform Regulations for Licensing Programs Without Boards › 37-1-407. Appeal

37-1-407. Appeal.
(1) A person who is disciplined by the department under 37-1-402 through 37-1-406 or denied a license may appeal the decision to the district court as provided in Title 2, chapter 4.
(2) A person who disputes the department's deficiency determination made pursuant to 37-1-321 may appeal the decision to the commissioner of labor and industry. Consideration of the dispute is not an adversarial or a contested case hearing. The commissioner's decision may be appealed as provided in subsection (1).
History: En. Sec. 7, Ch. 481, L. 1997; amd. Sec. 9, Ch. 80, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 4. Uniform Regulations for Licensing Programs Without Boards › 37-1-408. Reinstatement

37-1-408. Reinstatement.
A licensee whose license has been suspended or revoked under this part may petition the department for reinstatement after an interval set by the department in the order. The department may hold a hearing on the petition and may deny the petition or order reinstatement and impose terms and conditions as provided in 37-1-312. The department may require the successful completion of an examination as a condition of reinstatement and may treat a licensee whose license has been revoked or suspended as a new applicant for purposes of establishing the requisite qualifications of licensure.
History: En. Sec. 8, Ch. 481, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 4. Uniform Regulations for Licensing Programs Without Boards › 37-1-409. Enforcement of fine

37-1-409. Enforcement of fine.
(1) If payment of a fine is included in an order and timely payment is not made as directed in the order, the department may enforce the order for payment in the district court of the first judicial district.
(2) In a proceeding for enforcement of an order of payment of a fine, the order is conclusive proof of the validity of the order of payment and the terms of payment.
History: En. Sec. 9, Ch. 481, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 4. Uniform Regulations for Licensing Programs Without Boards › 37-1-411. Practice without license -- investigation of complaint -- injunction -- penalties

37-1-411. Practice without license -- investigation of complaint -- injunction -- penalties.
(1) The department may investigate a complaint or other information received concerning practice by an unlicensed person of a profession or occupation governed by this part.
(2) The department may file an action to enjoin a person from practicing, without a license, a profession or occupation governed by this part.
History: En. Sec. 11, Ch. 481, L. 1997; amd. Sec. 5, Ch. 230, L. 1999.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 4. Uniform Regulations for Licensing Programs Without Boards › 37-1-412. Violation of injunction -- penalty

37-1-412. Violation of injunction -- penalty.
(1) A person who has been enjoined and who violates an injunction issued pursuant to a proceeding under this part may be held in contempt of court and shall pay a civil penalty, as determined by the court, of not more that $5,000. Fifty percent of the penalty must be deposited in the general fund of the county in which the injunction is issued, and 50% must be deposited in the state general fund.
(2) A person subject to an injunction for practicing without a license may also be subject to criminal prosecution. In a complaint for an injunction or in an affidavit, information, or indictment alleging that a person has engaged in unlicensed practice, it is sufficient to charge that the person engaged in the unlicensed practice of a licensed profession or occupation on a certain day in a certain county without averring further or more particular facts concerning the violation.
(3) Unless otherwise provided by statute, a person practicing a licensed profession or occupation in this state without complying with the licensing provisions of this title is guilty of a misdemeanor punishable by a fine of not less than $250 or more than $1,000, imprisonment in the county jail for not less than 90 days or more than 1 year, or both. Each violation of the provisions of this chapter constitutes a separate offense.
History: En. Sec. 12, Ch. 481, L. 1997; amd. Sec. 6, Ch. 230, L. 1999.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 4. Uniform Regulations for Licensing Programs Without Boards › 37-1-413. Department authority

37-1-413. Department authority.
For each licensing program regulated by the department under this part, the department is designated as a criminal justice agency within the meaning of 44-5-103 for the purpose of obtaining confidential criminal justice information regarding licensees and license applicants and regarding possible unlicensed practice.
History: En. Sec. 4, Ch. 230, L. 1999.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 4. Uniform Regulations for Licensing Programs Without Boards › 37-1-420. Continuing education -- certification -- other qualifications for continued licensure -- audit

37-1-420. Continuing education -- certification -- other qualifications for continued licensure -- audit.
(1) The department on behalf of a program without a board may require licensees to participate in flexible, cost-efficient, effective, and geographically accessible continuing education.
(2) As a precondition of license renewal the department may not audit or require proof of continuing education or certification of a program that requires continuing education or state, regional, or national certification. However, a licensee who reactivates a license after the license has expired, as provided in 37-1-141, is subject to a mandatory continuing education audit.
(3) After the lapsed date provided for in 37-1-141, the department may conduct a random audit of up to 50% of all licensees who have renewed their licenses to determine compliance with a program's continuing education requirements.
(4) The department may audit licensees for compliance with state, regional, or national certification or other department requirements.
(5) The department shall provide a licensee not in compliance with continuing education or certification requirements with an opportunity to cure the noncompliance as provided in 37-1-321.
History: En. Sec. 5, Ch. 80, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 1. Prescribing and Dispensing of Drugs › 37-2-101. Definitions

37-2-101. Definitions.
As used in this part, the following definitions apply:
(1) "Collaborative pharmacy practice agreement" has the meaning provided in 37-7-101.
(2) "Community pharmacy", when used in relation to a medical practitioner, means a pharmacy situated within 10 miles of any place at which the medical practitioner maintains an office for professional practice.
(3) "Controlled substance" has the meaning provided in 37-7-101.
(4) "Device" means any instrument, apparatus, or contrivance intended:
(a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans;
(b) to affect the structure or any function of the body of humans.
(5) "Dispense" has the meaning provided in 37-7-101.
(6) "Drug" has the meaning provided in 37-7-101.
(7) "Drug company" means any person engaged in the manufacturing, processing, packaging, or distribution of drugs. The term does not include a pharmacy.
(8) "Medical practitioner" means any person licensed by the state of Montana to engage in:
(a) the practice of medicine, dentistry, osteopathy, podiatry, or optometry;
(b) the practice of pharmacy and authorized to:
(i) prescribe immunizations pursuant to 37-7-105; or
(ii) prescribe drugs pursuant to 37-7-106 or in accordance with a collaborative pharmacy practice agreement; or
(c) a nursing specialty as described in 37-8-202 and in the licensed practice to administer or prescribe drugs.
(9) "Naturopathic physician" means a person licensed under Title 37, chapter 26, to practice naturopathic health care.
(10) "Opioid" has the meaning of "opiate" provided in 50-32-101.
(11) "Opioid-naive patient" means a patient who has not been prescribed a drug containing an opioid in the 90 days prior to the acute event or surgery for which an opioid is prescribed.
(12) "Person" means any individual and any partnership, firm, corporation, association, or other business entity.
(13) "Pharmacy" has the meaning provided in 37-7-101.
(14) "State" means the state of Montana or any political subdivision of the state.
History: En. Sec. 1, Ch. 311, L. 1971; R.C.M. 1947, 27-901; amd. Sec. 2, Ch. 379, L. 1981; amd. Sec. 1, Ch. 588, L. 1987; amd. Sec. 43, Ch. 83, L. 1989; amd. Sec. 1, Ch. 444, L. 1989; amd. Sec. 2, Ch. 388, L. 2001; amd. Sec. 17, Ch. 467, L. 2005; amd. Sec. 4, Ch. 89, L. 2019; amd. Sec. 2, Ch. 322, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 1. Prescribing and Dispensing of Drugs › 37-2-102. Practices declared unlawful between drug companies and medical practitioners -- exception

37-2-102. Practices declared unlawful between drug companies and medical practitioners -- exception.
(1) Except as provided in subsection (2), it is unlawful:
(a) for a drug company to give or sell to a medical practitioner any legal or beneficial interest in the company or in the income of the company with the intent or for the purpose of inducing the medical practitioner to prescribe to patients the drugs of the company. The giving or selling of an interest by the company to a medical practitioner without the interest first having been publicly offered to the general public is prima facie evidence of the intent or purpose.
(b) for a medical practitioner to acquire or own a legal or beneficial interest in any drug company, provided it is not unlawful for a medical practitioner to acquire or own an interest solely for investment, and the acquisition of an interest that is publicly offered to the general public is prima facie evidence of its acquisition solely for investment; or
(c) for a medical practitioner to solicit or to knowingly receive from a drug company or for a drug company to pay or to promise to pay to a medical practitioner any rebate, refund, discount, commission, or other valuable consideration for, on account of, or based upon the volume of wholesale or retail sales, at any place, of drugs manufactured, processed, packaged, or distributed by the company.
(2) Subsection (1)(c) does not prohibit a pharmacy licensed under Title 37, chapter 7, from undertaking activities allowed under Title 37, chapter 7.
History: En. Sec. 2, Ch. 311, L. 1971; R.C.M. 1947, 27-902; amd. Sec. 1350, Ch. 56, L. 2009; amd. Sec. 3, Ch. 322, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 1. Prescribing and Dispensing of Drugs › 37-2-103. Practices declared unlawful between medical practitioners and pharmacies -- exceptions

37-2-103. Practices declared unlawful between medical practitioners and pharmacies -- exceptions.
(1) It is unlawful for a medical practitioner other than a pharmacist to own, directly or indirectly, a community pharmacy. This subsection does not prohibit a medical practitioner from dispensing a drug that the medical practitioner is permitted to dispense under 37-2-104.
(2) It is unlawful for a medical practitioner, directly or indirectly, to solicit or to knowingly receive from a community pharmacy or for a community pharmacy knowingly to pay or promise to pay to a medical practitioner any rebate, refund, discount, commission, or other valuable consideration for, on account of, or based upon income received or resulting from the sale or furnishing by the community pharmacy of drugs to patients of a medical practitioner.
(3) Subsection (2) does not prohibit a pharmacy licensed under Title 37, chapter 7, from undertaking activities allowed under Title 37, chapter 7.
History: En. Sec. 4, Ch. 311, L. 1971; R.C.M. 1947, 27-904; amd. Sec. 1351, Ch. 56, L. 2009; amd. Sec. 4, Ch. 322, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 1. Prescribing and Dispensing of Drugs › 37-2-105. Duty of county attorneys

37-2-105. Duty of county attorneys.
It shall be the duty of the county attorneys in the counties of the state, under the direction of the attorney general, to institute appropriate proceedings to prevent and restrain such violations. Such proceedings may be by way of complaint setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. Upon the filing of a complaint under this section and the service thereof upon the defendants named therein, the court shall proceed as soon as possible to the hearing and determination of the action.
History: En. Sec. 5, Ch. 311, L. 1971; R.C.M. 1947, 27-905.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 1. Prescribing and Dispensing of Drugs › 37-2-106. Existing ownership of pharmacy

37-2-106. Existing ownership of pharmacy.
The provisions of 37-2-103(1) do not apply to a medical practitioner with respect to any interest that the medical practitioner owns on July 1, 1971. However, transfer of this interest to another person results in immediate termination of the exemption.
History: En. Sec. 6, Ch. 311, L. 1971; R.C.M. 1947, 27-906; amd. Sec. 1352, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 1. Prescribing and Dispensing of Drugs › 37-2-107. Civil penalty for unreadable prescription

37-2-107. Civil penalty for unreadable prescription.
(1) A medical practitioner may not issue a written prescription, to be delivered to a patient or pharmacy, in such a manner that the name of the drug, the dosage, the instructions for use, the printed name or other identifying letters or numbers unique to the medical practitioner, and, if required, the federal drug enforcement agency identifying number cannot be read by a registered pharmacist licensed to practice in this state.
(2) Any person may file a complaint alleging a violation of subsection (1) with the board that licensed the medical practitioner who issued the prescription. The board may investigate the complaint and take any action and impose any sanction allowed by the statutes relating to the board and rules adopted by the board. Each board licensing a medical practitioner shall adopt rules to implement this section.
(3) The board may refer the complaint to the county attorney of the county in which the prescription was issued, whether or not the board itself has taken any action or imposed any sanction. A county attorney may not file an action alleging a violation of subsection (1) unless a complaint has been referred to the county attorney by the medical practitioner's licensing board.
(4) A medical practitioner who violates subsection (1) is guilty of a civil offense and may be punished by a civil penalty of not more than $500 for each prescription.
History: En. Sec. 1, Ch. 436, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 1. Prescribing and Dispensing of Drugs › 37-2-108. Restriction on prescriptions for opioid-naive patients -- exceptions

37-2-108. (Temporary) Restriction on prescriptions for opioid-naive patients -- exceptions.
(1) Except as provided in subsection (2), when a medical practitioner or a naturopathic physician authorized to prescribe an opioid prescribes an opioid to an opioid-naive patient on an outpatient basis, the prescription may not be for more than a 7-day supply.
(2) The restriction imposed under subsection (1) does not apply if:
(a) in the professional medical judgment of the medical practitioner or naturopathic physician, a prescription for more than a 7-day supply is necessary to treat chronic pain, pain associated with cancer, or pain experienced while the patient is in palliative care; or
(b) the opioid being prescribed is designed for the treatment of opioid abuse or dependence, including but not limited to opioid agonists and opioid antagonists. (Terminates June 30, 2025--sec. 8, Ch. 89, L. 2019.)
History: En. Sec. 2, Ch. 89, L. 2019; amd. Sec. 6, Ch. 322, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 2. General Provisions Relating to Health Care Practitioners › Part 1. Prescribing and Dispensing of Drugs › 37-2-111. Repealed

37-2-111. Repealed.
Sec. 75, Ch. 492, L. 2001.
History: En. Sec. 6, Ch. 202, L. 1921; re-en. Sec. 3194, R.C.M. 1921; re-en. Sec. 3194, R.C.M. 1935; amd. Sec. 8, Ch. 101, L. 1977; R.C.M. 1947, 66-1516.