reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 14. Donated Drugs and Devices Program › 37-7-1405. Participants -- duties -- fee authorized

37-7-1405. Participants -- duties -- fee authorized.
(1) A participant shall comply with all applicable provisions of state and federal law relating to the storage, distribution, and dispensing of a donated cancer drug or device and shall inspect all donated drugs and devices before dispensing them to determine if they are adulterated or misbranded.
(2) A cancer drug or device may be:
(a) dispensed only pursuant to a prescription issued by a prescriber authorized to prescribe cancer drugs or devices; or
(b) distributed to another participant for dispensing.
(3) A cancer drug or device donated to the cancer drug repository program may not be resold.
(4) A participant may charge a handling fee for distributing or dispensing a cancer drug or device.
(5) A participant shall maintain records of donated drugs and devices and the distribution of the drugs and devices.
(6) (a) For cancer drugs or devices that are donated to the participant, records maintained pursuant to subsection (5) must include but are not limited to the following information:
(i) the date the participant received the cancer drug or device;
(ii) the drug name, strength, and amount;
(iii) the prescription number;
(iv) the expiration date of the drug;
(v) the manufacturer's name and lot number; and
(vi) the name and address of the person or entity donating the drug.
(b) For cancer drugs or devices that are distributed or dispensed by the participant, records maintained pursuant to subsection (5) must include but are not limited to the following information:
(i) the name and address of the receiving person or entity;
(ii) the name, strength, and quantity of the drug;
(iii) the dosage form, if applicable;
(iv) the name and address of the participant who distributed or dispensed the drug or device;
(v) the date the participant distributed or dispensed the drug or device;
(vi) the manufacturer's name and lot number; and
(vii) the expiration date of the drug.
History: En. Sec. 3, Ch. 299, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 14. Donated Drugs and Devices Program › 37-7-1408. Donated drugs and devices -- immunity

37-7-1408. Donated drugs and devices -- immunity.
(1) A resident or former resident of a long-term care facility and the long-term care facility donating a prescription drug, a cancer drug, or a device as part of the programs created pursuant to this part are not liable for simple negligence in the donation of a drug or device if the requirements of this part and the rules implementing this part have been complied with.
(2) Except as provided in subsection (3):
(a) a person or entity, including the manufacturer of a cancer drug or device that exercises reasonable care in donating, accepting, distributing, or dispensing a cancer drug or device under the provisions of 37-7-1403 through 37-7-1405 and rules adopted by the board, is immune from civil or criminal liability or professional disciplinary action of any kind for an injury, death, or loss to a person or property relating to the accepting, distributing, or dispensing of the cancer drug or device;
(b) a person or entity, unless directly negligent, is not liable for the negligence or lack of care of other persons or entities and is entitled to the immunity of this part.
(3) (a) The donation of a cancer drug or device by the manufacturer of the drug or device does not absolve the manufacturer from criminal or civil liability or increase a liability that would have existed had the drug or device not been donated.
(b) The civil immunity provisions of subsection (2) do not apply to a person employed by or an entity operated by the state or a political subdivision of the state.
History: En. Sec. 3, Ch. 362, L. 2001; amd. Sec. 7, Ch. 299, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 15. Prescription Drug Registry › 37-7-1502. Prescription drug registry -- purpose

37-7-1502. Prescription drug registry -- purpose.
(1) The board shall establish and maintain a prescription drug registry for the purpose of improving patient safety by:
(a) making a list of controlled substances prescribed to a patient available to the patient or to the patient's health care provider; and
(b) allowing authorized staff of the board who have signed appropriate confidentiality agreements to review the registry for possible misuse and diversion of controlled substances.
(2) The board shall electronically collect information on prescription drug orders involving controlled substances pursuant to 37-7-1503 and shall disseminate information as provided in 37-7-1504 through 37-7-1506.
History: En. Sec. 3, Ch. 241, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 15. Prescription Drug Registry › 37-7-1503. Prescription drug registry -- registration and reporting requirements

37-7-1503. Prescription drug registry -- registration and reporting requirements.
(1) Each person licensed under Title 37 to prescribe or dispense prescription drugs shall register to use the prescription drug registry at the time of initial licensure or renewal of licensure.
(2) (a) Except as provided in subsection (2)(b), each entity licensed by the board as a certified pharmacy or as an out-of-state mail order pharmacy that dispenses drugs to patients in Montana shall provide prescription drug order information for controlled substances to the registry by:
(i) electronically transmitting the information in a format established by the board unless the board has granted a waiver allowing the information to be submitted in a nonelectronic manner; and
(ii) submitting the information in accordance with time limits set by the board unless the board grants an extension because:
(A) the pharmacy has suffered a mechanical or electronic failure or cannot meet the deadline for other reasons beyond its control; or
(B) the board is unable to receive electronic submissions.
(b) This subsection (2) does not apply to:
(i) a prescriber who dispenses or administers drugs to the prescriber's patients; or
(ii) a prescription drug order for a controlled substance dispensed to a person who is hospitalized.
History: En. Sec. 4, Ch. 241, L. 2011; amd. Sec. 5, Ch. 89, L. 2019; amd. Sec. 2, Ch. 130, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 15. Prescription Drug Registry › 37-7-1504. Prescription drug registry review

37-7-1504. Prescription drug registry review.
The board may review the information in the registry for possible misuse and diversion of controlled substances prescribed and dispensed to a patient. The board may provide information about possible misuse or diversion to prescribers and dispensers as allowed by rule.
History: En. Sec. 5, Ch. 241, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 15. Prescription Drug Registry › 37-7-1505. Confidentiality

37-7-1505. Confidentiality.
Patient information that is collected, recorded, transmitted, and stored for the registry is protected and may not be disclosed except as allowed in 37-7-1506. The board shall adopt rules to protect the confidentiality of the registry and to ensure that only authorized individuals have access to the registry.
History: En. Sec. 6, Ch. 241, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 15. Prescription Drug Registry › 37-7-1507. Prescription drug registry -- immunity

37-7-1507. Prescription drug registry -- immunity.
(1) A person or entity that complies with the reporting requirements of 37-7-1503 is not subject to civil liability or other legal or equitable relief for reporting the information to the board.
(2) Unless a court of competent jurisdiction finds that a person or entity committed an unlawful act pursuant to 37-7-1513, a person or entity in proper possession of information pursuant to this part is not subject to civil liability or other legal or equitable relief for any of the following acts or omissions:
(a) furnishing information pursuant to 37-7-1502 through 37-7-1506;
(b) receiving, using or relying on, or not using or relying on information received pursuant to 37-7-1502 through 37-7-1506; or
(c) relying on information that was entered into the registry in error, was factually incorrect, or was released by the board to the wrong person or entity.
(3) The immunity provisions of this section do not apply to the board, a state agency, or any political subdivision of the state.
History: En. Sec. 8, Ch. 241, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 15. Prescription Drug Registry › 37-7-1508. Registry information retention -- destruction

37-7-1508. Registry information retention -- destruction.
The board shall retain the information collected for the registry for up to 3 years, as established by rule. After 3 years, the board shall destroy the information unless it is being used as part of an active investigation.
History: En. Sec. 9, Ch. 241, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 15. Prescription Drug Registry › 37-7-1509. Administration of prescription drug registry

37-7-1509. Administration of prescription drug registry.
The board may hire or contract for other professional, technical, or clerical staff as necessary to operate the registry. A contractor shall comply with the provisions regarding confidentiality of prescription information in 37-7-1505 and 37-7-1506 and is subject to the penalties specified in 37-7-1513 for unlawful acts.
History: En. Sec. 10, Ch. 241, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 15. Prescription Drug Registry › 37-7-1510. Prescription drug registry -- advisory group

37-7-1510. Prescription drug registry -- advisory group.
(1) The board shall establish an advisory group to provide information and advice about the development and operation of the registry, including but not limited to information on:
(a) the criteria for reporting information from the registry to prescribers and pharmacists;
(b) the design and implementation of educational courses about the registry;
(c) standards for evaluating the effectiveness of the registry; and
(d) administrative rules for establishing and maintaining the registry.
(2) The advisory group consists of but is not limited to representatives of:
(a) health care licensing boards that oversee health care providers who have authority to prescribe or dispense drugs;
(b) associations that represent health care professionals who have authority to prescribe or dispense drugs;
(c) associations that advocate for patients;
(d) entities involved in tribal health services or issues; and
(e) the department of justice provided for in 2-15-2001.
(3) The advisory group may identify other individuals for appointment to the group.
(4) The board shall establish rules for the conduct of advisory group business.
(5) The advisory group may not receive or access confidential health care information contained in the registry.
History: En. Sec. 11, Ch. 241, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 15. Prescription Drug Registry › 37-7-1511. Prescription drug registry -- funding

37-7-1511. Prescription drug registry -- funding.
(1) Each person licensed under Title 37 to prescribe or dispense prescription drugs shall pay to the board an annual, nonrefundable fee that is set by rule commensurate with costs.
(2) The board may apply for any available grants and may accept gifts, grants, or donations to assist in establishing and maintaining the registry.
(3) Funds collected pursuant to this part must be deposited into a state special revenue account to the credit of the department. The money must be used to defray the expenses of the board in establishing and maintaining the registry and in discharging its administrative and regulatory duties under this part.
History: En. Sec. 12, Ch. 241, L. 2011; amd. Sec. 1, Ch. 357, L. 2015; amd. Sec. 4, Ch. 130, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 15. Prescription Drug Registry › 37-7-1512. Rulemaking authority

37-7-1512. Rulemaking authority.
The board shall adopt rules to carry out and enforce this part, including but not limited to rules that:
(1) specify the type of information to be reported on prescription drug orders involving controlled substances;
(2) establish the requirements for transmitting from a pharmacy to the board prescription drug order information involving controlled substances;
(3) define the electronic format for submission of information;
(4) define the circumstances under which a pharmacy may receive a waiver from the requirement to submit information electronically;
(5) specify the procedure through which a pharmacy may request an extension of the time limit for submitting information;
(6) establish how a person or entity authorized to receive information from the registry may submit a request for the information;
(7) specify the ways in which the board may use records involving requests for registry information to document and report on statistics involving the registry;
(8) set the fees to be charged for establishing and maintaining the registry; and
(9) establish confidentiality provisions to ensure that the privacy of patient information is maintained.
History: En. Sec. 13, Ch. 241, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 15. Prescription Drug Registry › 37-7-1513. Unlawful acts -- unprofessional conduct -- civil penalties

37-7-1513. Unlawful acts -- unprofessional conduct -- civil penalties.
(1) A pharmacist who fails to submit prescription drug order information to the board as required by 37-7-1503 or who willfully submits incorrect prescription drug order information commits unprofessional conduct.
(2) A person or entity authorized to possess registry information pursuant to 37-7-1504 through 37-7-1506 who willfully discloses or uses the registry information in violation of 37-7-1504 through 37-7-1506 or a rule adopted pursuant to this part commits unprofessional conduct.
(3) In addition to actions based on unprofessional conduct described in subsection (2), a person or entity who willfully discloses or uses information from the registry in violation of 37-7-1504 through 37-7-1506 or a rule adopted pursuant to this part is liable for a civil penalty of up to $10,000 for each violation.
(4) In addition to the provisions of 37-1-109, the board may institute and maintain in the name of the state any enforcement proceedings under this section. Upon request of the department, the attorney general shall petition the district court to impose, assess, and recover the civil penalty.
(5) An action under subsection (3) or to enforce this part or a rule adopted under this part may be brought in the district court of any county where a violation occurs.
(6) Civil penalties collected pursuant to this part must be deposited into the state special revenue account created pursuant to 37-7-1511 and must be used to defray the expenses of the board in establishing and maintaining the registry and in discharging its administrative and regulatory duties in relation to this part.
History: En. Sec. 14, Ch. 241, L. 2011; amd. Sec. 17, Ch. 535, L. 2021; amd. Sec. 2, Ch. 366, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 15. Prescription Drug Registry › 37-7-1514. Report to legislature

37-7-1514. Report to legislature.
The board shall provide a report to the children, families, health, and human services interim committee and to the economic affairs interim committee in accordance with 5-11-210, including but not limited to information on:
(1) the cost of establishing and maintaining the registry;
(2) any grants, gifts, or donations received to assist in establishing and maintaining the registry;
(3) how registry information was used; and
(4) how quickly the board was able to answer requests for information from the registry.
History: En. Sec. 15, Ch. 241, L. 2011; amd. Sec. 69, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 15. Prescription Drug Registry › 37-7-1515. Mandatory use of prescription drug registry

37-7-1515. Mandatory use of prescription drug registry.
A prescriber or an agent of the prescriber shall review a patient's records under the prescription drug registry before the prescriber issues a prescription for an opioid or a benzodiazepine for the patient, unless:
(1) the patient is receiving hospice care;
(2) the prescription is for a number of doses that is intended to last the patient 7 days or less and cannot be refilled;
(3) the prescription drug is lawfully administered to the patient in a health care facility;
(4) due to an emergency, it is not possible to review the patient's records under the registry before the prescriber issues a prescription for the patient;
(5) the patient is being treated for chronic pain and the prescriber reviews the patient's records under the prescription drug registry every 3 months; or
(6) it is not possible to review the patient's records under the registry because the registry is not operational or because of other technological failure if the failure is reported to the board.
History: En. Sec. 3, Ch. 89, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 1. General › 37-8-101. Purpose

37-8-101. Purpose.
To safeguard life and health, a person practicing or offering to practice:
(1) professional nursing in this state shall submit evidence that the person is qualified to practice and is licensed as provided in this chapter;
(2) practical nursing in this state shall submit evidence that the person is qualified to practice and is licensed as provided in this chapter;
(3) as a medication aide in this state shall submit evidence that the person is qualified to practice and is licensed as provided in this chapter.
History: En. Sec. 1, Ch. 243, L. 1953; amd. Sec. 1, Ch. 291, L. 1967; R.C.M. 1947, 66-1221(part); amd. Sec. 1, Ch. 448, L. 2003; amd. Sec. 28, Ch. 126, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 2. Board of Nursing › 37-8-201. Seal -- board records public -- legal counsel

37-8-201. Seal -- board records public -- legal counsel.
(1) The board shall have a seal which shall be used to authenticate its acts. The seal shall have inscribed the words "Board of Nursing--Official Seal" and a device or legend designated by the board.
(2) The records and files of the board kept by the department are at all times open to public inspection.
(3) The attorney general is the attorney and legal counsel for the board, but the department may, with the approval of the attorney general, appoint additional legal counsel to assist the board and department in the administration and enforcement of this chapter.
History: En. Sec. 3, Ch. 243, L. 1953; amd. Sec. 115, Ch. 350, L. 1974; R.C.M. 1947, 66-1223; amd. Sec. 6, Ch. 248, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 2. Board of Nursing › 37-8-203. Compensation of members -- expenses

37-8-203. Compensation of members -- expenses.
Each member of the board shall receive compensation and travel expenses as provided in 37-1-133.
History: En. Sec. 6, Ch. 243, L. 1953; amd. Sec. 117, Ch. 350, L. 1974; amd. Sec. 3, Ch. 180, L. 1975; amd Sec. 31, Ch. 439, L. 1975; R.C.M. 1947, 66-1226; amd. Sec. 13, Ch. 474, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 2. Board of Nursing › 37-8-204. Executive director

37-8-204. Executive director.
(1) The department shall hire an executive director to provide services to the board in connection with the board's duties of:
(a) prescribing curricula and standards for nursing schools and making surveys of and approving schools and courses;
(b) evaluating and approving courses for affiliation of student nurses; and
(c) reviewing qualifications of applicants for licensure.
(2) The department shall hire as the executive director an individual who:
(a) is a graduate of an approved school of nursing and who has at least a master's degree with postgraduate courses in nursing;
(b) is licensed as a registered professional nurse in Montana; and
(c) has experience in teaching or administration in an approved school of nursing and who has completed at least 3 years in the clinical practice of nursing.
History: En. Sec. 19, Ch. 243, L. 1953; amd. Sec. 126, Ch. 350, L. 1974; amd. Sec. 6, Ch. 180, L. 1975; R.C.M. 1947, 66-1239(3); amd. Sec. 2, Ch. 83, L. 1981; amd. Sec. 4, Ch. 584, L. 1993; amd. Sec. 17, Ch. 492, L. 2001; amd. Sec. 44, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 3. Schools of Nursing › 37-8-301. Nursing education programs -- application for approval

37-8-301. Nursing education programs -- application for approval.
An institution desiring to conduct a nursing education program in the state shall apply to the department and submit evidence that it is prepared to carry out an educational program that complies with the provisions of this chapter and the rules adopted by the board pursuant to this section. The board shall adopt rules relating to the conduct of nursing education programs that are directed toward insuring qualifications to practice as a professional nurse or a practical nurse in those areas of service specified in 37-8-102.
History: En. Sec. 18, Ch. 243, L. 1953; amd. Sec. 125, Ch. 350, L. 1974; R.C.M. 1947, 66-1238; amd. Sec. 8, Ch. 248, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 3. Schools of Nursing › 37-8-302. Nursing education programs -- survey and approval

37-8-302. Nursing education programs -- survey and approval.
(1) It is the duty of the department through its authorized employees or representatives to periodically survey all nursing education programs. Written reports of such surveys shall be submitted to the board. If, in the opinion of the board, the requirements for an approved nursing education program are met, the program shall be granted initial or continuing approval.
(2) If the board determines that any approved nursing education program is not maintaining the standards required by law and the rules established by the board, notice shall be given to the nursing education program specifying the areas of noncompliance. A program that fails to correct these areas of noncompliance within the time designated by the board shall be removed from the list of approved nursing education programs.
History: En. Sec. 19, Ch. 243, L. 1953; amd. Sec. 126, Ch. 350, L. 1974; amd. Sec. 6, Ch. 180, L. 1975; R.C.M. 1947, 66-1239(1), (2); amd. Sec. 9, Ch. 248, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-401. Unlawful to indicate licensure without valid license

37-8-401. Unlawful to indicate licensure without valid license.
It shall be unlawful for any person to use any title, abbreviation, sign, card, or device to indicate that such person is a registered professional nurse or a licensed practical nurse unless such person has been duly licensed under the provisions of this chapter, and the license of such person shall be valid and in force in compliance with the provisions of this chapter.
History: En. Sec. 1, Ch. 243, L. 1953; amd. Sec. 1, Ch. 291, L. 1967; R.C.M. 1947, 66-1221(part).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-405. Professional nursing -- qualifications of applicants for license

37-8-405. Professional nursing -- qualifications of applicants for license.
An applicant for a license to practice as a registered professional nurse shall submit to the department written evidence that the applicant:
(1) has successfully completed at least an approved 4-year high school course of study or the equivalent as determined by the office of the superintendent of public instruction;
(2) has completed the basic professional curriculum in an approved school of nursing and holds a diploma from that school; and
(3) meets other qualification requirements the board prescribes.
History: En. Sec. 7, Ch. 243, L. 1953; amd. Sec. 118, Ch. 350, L. 1974; R.C.M. 1947, 66-1227; amd. Sec. 3, Ch. 84, L. 1983; amd. Sec. 13, Ch. 502, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-406. License -- professional nursing -- examination

37-8-406. License -- professional nursing -- examination.
(1) An applicant for a license to practice as a registered professional nurse is required to pass a written examination in subjects the board determines necessary. A written examination may be supplemented by an oral or practical examination. The board may use any national standardized examination for professional nurse licensure identified in its rules. The passing score on such examination shall be established by the board in its rules. On successfully passing the examination, an applicant shall be issued a license to practice professional nursing.
(2) The board shall establish in its rules the requirements for rewriting the examination for those persons failing the examination on the first writing and subsequent writing.
History: En. Sec. 8, Ch. 243, L. 1953; amd. Sec. 1, Ch. 195, L. 1963; amd. Sec. 3, Ch. 291, L. 1967; amd. Sec. 119, Ch. 350, L. 1974; amd. Sec. 4, Ch. 180, L. 1975; amd. Sec. 1, Ch. 215, L. 1975; R.C.M. 1947, 66-1228(1); amd. Sec. 10, Ch. 248, L. 1981; amd. Sec. 18, Ch. 345, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-407. Repealed

37-8-407. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 8, Ch. 243, L. 1953; amd. Sec. 1, Ch. 195, L. 1963; amd. Sec. 3, Ch. 291, L. 1967; amd. Sec. 119, Ch. 350, L. 1974; amd. Sec. 4, Ch. 180, L. 1975; amd. Sec. 1, Ch. 215, L. 1975; R.C.M. 1947, 66-1228(2), (3); amd. Sec. 11, Ch. 248, L. 1981; amd. Sec. 19, Ch. 345, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-408. Title and abbreviation of registered nurse

37-8-408. Title and abbreviation of registered nurse.
Any person who holds a valid license to practice as a registered professional nurse in this state shall have the right to use the title "Registered Nurse" and the abbreviation "R.N.".
History: En. Sec. 9, Ch. 243, L. 1953; R.C.M. 1947, 66-1229.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-409. Advanced practice registered nursing -- when professional nurse may practice

37-8-409. Advanced practice registered nursing -- when professional nurse may practice.
(1) A person licensed under this chapter who holds a certificate in a field of advanced practice registered nursing may practice in the specified field of advanced practice registered nursing upon approval by the board of an amendment to the person's license granting a certificate in a field of advanced practice registered nursing. The board shall grant a certificate in a field of advanced practice registered nursing to a person who submits written verification of certification by a board-approved national certifying body appropriate to the specific field of advanced practice registered nursing and who meets any other qualification requirements that the board prescribes.
(2) The board may give temporary approval to practice in a specific field of advanced practice registered nursing to a person who:
(a) intends to apply for approval under subsection (1); and
(b) has completed the advanced practice registered nursing education required in order for the person to apply to take the first national certification examination available from a board-approved national certifying body appropriate to the specific field of advanced practice registered nursing.
(3) If the person fails to obtain certification upon the person's first examination, the temporary approval provided for in subsection (2) expires on receipt of the examination results. The temporary approval may not be extended.
(4) In order to protect the public, the board may, in consultation with persons in the specific field of advanced practice registered nursing, adopt specific rules for each field of advanced practice registered nursing for the granting of temporary approval to practice and for determining the supervision of the licensee with temporary approval.
History: En. 66-1246 by Sec. 2, Ch. 97, L. 1974; R.C.M. 1947, 66-1246; amd. Sec. 12, Ch. 248, L. 1981; amd. Sec. 3, Ch. 422, L. 1995; amd. Sec. 41, Ch. 429, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-410. Signature authority of advanced practice registered nurse

37-8-410. Signature authority of advanced practice registered nurse.
(1) When a provision of law or administrative rule requires a signature, certification, stamp, verification, affidavit, or endorsement by a physician, the requirement may be fulfilled by an advanced practice registered nurse practicing within the scope of the advanced practice registered nurse's certification.
(2) This section may not be construed to expand the scope of practice of an advanced practice registered nurse.
History: En. Sec. 1, Ch. 52, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-415. Licensed practical nursing -- qualifications of applicants

37-8-415. Licensed practical nursing -- qualifications of applicants.
An applicant for a license to practice as a licensed practical nurse shall submit to the board written evidence that the applicant:
(1) has successfully completed at least an approved 4-year high school course of study or the equivalent as determined by the office of the superintendent of public instruction;
(2) is a graduate of an approved practical nursing education program that is authorized to prepare persons for licensure as practical nurses; and
(3) meets other qualification requirements the board prescribes in its rules.
History: En. Sec. 11, Ch. 243, L. 1953; amd. Sec. 4, Ch. 291, L. 1967; amd. Sec. 120, Ch. 350, L. 1974; R.C.M. 1947, 66-1231; amd. Sec. 13, Ch. 248, L. 1981; amd. Sec. 14, Ch. 502, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-416. Licensed practical nursing -- examination

37-8-416. Licensed practical nursing -- examination.
An applicant for a license to practice as a practical nurse is required to pass a written examination in subjects as the board determines. A written examination may be supplemented by an oral or practical examination. The board may use any nationally standardized examination for practical nurse licensure identified by the board in its rules. The passing score shall be established by the board in its rules. On successfully passing the examination, the board shall issue to the applicant a license to practice as a licensed practical nurse.
History: En. Sec. 12, Ch. 243, L. 1953; amd. Sec. 5, Ch. 291, L. 1967; amd. Sec. 121, Ch. 350, L. 1974; amd. Sec. 5, Ch. 180, L. 1975; R.C.M. 1947, 66-1232(1); amd. Sec. 14, Ch. 248, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-417. Repealed

37-8-417. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 12, Ch. 243, L. 1953; amd. Sec. 5, Ch. 291, L. 1967; amd. Sec. 121, Ch. 350, L. 1974; amd. Sec. 5, Ch. 180, L. 1975; R.C.M. 1947, 66-1232(2), (3); amd. Sec. 15, Ch. 248, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-418. Licensed practical nursing -- application fee

37-8-418. Licensed practical nursing -- application fee.
An applicant for a license to practice as a licensed practical nurse shall pay a nonrefundable fee prescribed by the board to the department at the time the application is submitted.
History: En. Sec. 14, Ch. 243, L. 1953; amd. Sec. 2, Ch. 195, L. 1963; amd. Sec. 122, Ch. 350, L. 1974; amd. Sec. 2, Ch. 215, L. 1975; R.C.M. 1947, 66-1234; amd. Sec. 20, Ch. 345, L. 1981; amd. Sec. 29, Ch. 126, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-419. Title and abbreviation of licensed practical nurse

37-8-419. Title and abbreviation of licensed practical nurse.
Any person who holds a valid license to practice as a licensed practical nurse in this state shall have the right to use the title "Licensed Practical Nurse" and the abbreviation "L.P.N.".
History: En. Sec. 15, Ch. 243, L. 1953; R.C.M. 1947, 66-1235.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-421. Temporary practice permit

37-8-421. Temporary practice permit.
(1) The board shall issue a temporary practice permit to an individual licensed in another state that has licensing standards substantially equivalent to those of this state if the board determines that:
(a) the applicant has submitted a completed application as approved by the board;
(b) the initial screening by the board staff shows no current disciplinary action as identified by the board by rule; and
(c) there is no reason to deny a temporary practice permit under the laws of this state governing the practice of nursing.
(2) The individual may practice under a temporary practice permit until a license is granted, until a notice of proposal to deny a temporary practice permit is issued, or until the period of time adopted by the board by rule expires.
(3) A nurse who is employed under a temporary practice permit may function only under the supervision of a registered professional nurse, physician, dentist, osteopath, or podiatrist who is on the premises where and when the permittee is working and who is specifically assigned the responsibility of supervising the performance of the temporary practice permittee.
History: En. Sec. 2, Ch. 408, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-422. Medication aide I -- scope of practice

37-8-422. Medication aide I -- scope of practice.
A medication aide I may:
(1) perform services requiring basic knowledge of medications and medication administration under specific circumstances as determined by the board by administrative rule;
(2) practice only in a licensed assisted living facility, as defined in 50-5-101; and
(3) practice only under the general supervision of a licensed professional or practical nurse.
History: En. Sec. 4, Ch. 448, L. 2003; amd. Sec. 6, Ch. 448, L. 2003; amd. Sec. 2, Ch. 392, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-423. Medication aide II -- qualifications

37-8-423. Medication aide II -- qualifications.
An applicant for a license to practice as a medication aide II shall submit to the board written evidence that the applicant:
(1) has successfully completed at least an approved 4-year high school course of study or the equivalent as determined by the office of public instruction;
(2) holds a valid certificate from the department of public health and human services as a certified nursing assistant;
(3) has been employed as a certified nursing assistant in a long-term care facility licensed to provide skilled nursing care, as defined in 50-5-101, for a minimum of 1,000 hours;
(4) holds a valid certificate in cardiopulmonary resuscitation;
(5) (a) has successfully completed a training program specified by the board that includes 100 hours of education consisting of classroom instruction, laboratory skills, and supervised medication administration related to basic pharmacology and principles of safe medication administration; or
(b) is currently licensed as a medication aide in another state with a program that is determined by the board to be reasonably equivalent to the board-specified program;
(6) has passed a board-approved competency examination with at least 80% proficiency; and
(7) has completed 6 hours of annual continuing education in pharmacology and medication administration.
History: En. Sec. 3, Ch. 392, L. 2011; amd. Sec. 1, Ch. 246, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-424. Medication aide II -- scope of practice

37-8-424. Medication aide II -- scope of practice.
(1) A licensed medication aide II may:
(a) perform services requiring basic knowledge of medications and medication administration subject to the limitations outlined in subsection (2);
(b) practice only in a long-term care facility licensed to provide skilled nursing care, as defined in 50-5-101; and
(c) practice only under the supervision of a licensed professional or practical nurse who is on the premises.
(2) A licensed medication aide II may not:
(a) administer medications on an as-needed basis;
(b) administer parenteral or subcutaneous medications except for prelabeled, predrawn insulin;
(c) administer medications through nasogastric routes or by gastrostomy or jejunostomy tubes;
(d) convert or calculate dosages; or
(e) take verbal orders related to changes in medications and dosages.
History: En. Sec. 4, Ch. 392, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-425. Medication aide -- title

37-8-425. Medication aide -- title.
Any person who holds a valid license to practice as a medication aide in this state may use the title licensed medication aide I or licensed medication aide II and the abbreviations "LMA I" or "LMA II" respectively.
History: En. Sec. 5, Ch. 392, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-426. Medication aide II -- implementation

37-8-426. Medication aide II -- implementation.
The board shall establish rules implementing the provisions of 37-8-102 and 37-8-422 through 37-8-426 and providing for the establishment of requirements for license renewal, including but not limited to continuing education, continued certification as a certified nursing assistant and medication aide II, and mandatory cardiopulmonary resuscitation certification.
History: En. Sec. 6, Ch. 392, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-431. Repealed

37-8-431. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 16, Ch. 243, L. 1953; amd. Sec. 3, Ch. 195, L. 1963; amd. Sec. 123, Ch. 350, L. 1974; amd. Sec. 3, Ch. 215, L. 1975; R.C.M. 1947, 66-1236; amd. Sec. 16, Ch. 248, L. 1981; amd. Sec. 21, Ch. 345, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 42, Ch. 429, L. 1995; amd. Sec. 14, Ch. 492, L. 1997; amd. Sec. 18, Ch. 492, L. 2001; amd. Sec. 14, Ch. 271, L. 2003; amd. Sec. 2, Ch. 317, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-432. Deposit of fees

37-8-432. Deposit of fees.
Fees and fines collected by the department under this chapter, except those collected by a justice's court, shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6).
History: En. Sec. 17, Ch. 243, L. 1953; amd. Sec. 118, Ch. 147, L. 1963; amd. Sec. 124, Ch. 350, L. 1974; R.C.M. 1947, 66-1237; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 24, Ch. 557, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-434. Criminal background check

37-8-434. Criminal background check.
(1) Each applicant for licensure shall submit a full set of the applicant's fingerprints to the board for the purpose of obtaining a state and federal criminal history background check. The Montana department of justice may share this fingerprint data with the federal bureau of investigation.
(2) Each license applicant is responsible to pay all fees charged in relation to obtaining the state and federal criminal history background check.
(3) The board may require licensees renewing their licenses to submit a full set of their fingerprints to the board for the purpose of obtaining a state and federal criminal history background check. The Montana department of justice may share this fingerprint data with the federal bureau of investigation.
History: En. Sec. 1, Ch. 406, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-441. Repealed

37-8-441. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 20, Ch. 243, L. 1953; amd. Sec. 127, Ch. 350, L. 1974; R.C.M. 1947, 66-1240; amd. Sec. 17, Ch. 248, L. 1981; amd. Sec. 3, Ch. 282, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-442. Repealed

37-8-442. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 21, Ch. 243, L. 1953; amd. Sec. 128, Ch. 350, L. 1974; R.C.M. 1947, 66-1241; amd. Sec. 18, Ch. 248, L. 1981; amd. Sec. 4, Ch. 282, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-443. Repealed

37-8-443. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 23, Ch. 243, L. 1953; amd. Sec. 8, Ch. 291, L. 1967; amd. Sec. 5, Ch. 101, L. 1977; R.C.M. 1947, 66-1243; amd. Sec. 3, Ch. 317, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 8. Nursing › Part 4. Licensing › 37-8-444. Repealed

37-8-444. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 24, Ch. 243, L. 1953; R.C.M. 1947, 66-1244.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 9. Nursing Home Administrators › Part 1. General › 37-9-101. Definitions

37-9-101. Definitions.
Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Board" means the board of nursing home administrators provided for in 2-15-1735.
(2) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.
(3) "Long-term care facility" means a skilled nursing facility, nursing home, or intermediate care facility as defined for licensing purposes under state law or the rules for long-term care facilities of the department of public health and human services, whether proprietary or nonprofit, including facilities owned or administered by the state or a political subdivision.
(4) "Nursing home administrator" means a person who administers, manages, supervises, or is in general administrative charge of a long-term care facility, whether the individual has an ownership interest in the facility and whether the individual's functions and duties are shared with one or more other individuals.
History: En. Sec. 1, Ch. 363, L. 1969; amd. Sec. 1, Ch. 483, L. 1973; amd. Sec. 305, Ch. 350, L. 1974; R.C.M. 1947, 66-3101; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 60, Ch. 418, L. 1995; amd. Sec. 43, Ch. 429, L. 1995; amd. Sec. 89, Ch. 546, L. 1995; amd. Sec. 118, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 9. Nursing Home Administrators › Part 1. General › 37-9-102. Legislative findings -- purpose

37-9-102. Legislative findings -- purpose.
The legislature finds that the profession of nursing home administration affects the lives of an often frail and vulnerable population that includes older and disabled Montanans who are unable to live independently. The purpose of this chapter is to regulate and control the profession to protect the public health, welfare, and safety by ensuring the ethical, qualified, and professional practice of nursing home administration.
History: En. Sec. 1, Ch. 107, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 9. Nursing Home Administrators › Part 2. Board of Nursing Home Administrators › 37-9-201. Organization and compensation of board

37-9-201. Organization and compensation of board.
(1) The board shall elect from its membership a presiding officer, vice presiding officer, and secretary-treasurer and shall adopt rules to govern its proceedings.
(2) Each board member must receive compensation and travel expenses as provided for in 37-1-133.
History: En. Sec. 7, Ch. 363, L. 1969; amd. Sec. 45, Ch. 439, L. 1975; R.C.M. 1947, 66-3107; amd. Sec. 14, Ch. 474, L. 1981; amd. Sec. 1370, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 9. Nursing Home Administrators › Part 2. Board of Nursing Home Administrators › 37-9-202. Exclusive jurisdiction of board

37-9-202. Exclusive jurisdiction of board.
The board shall have exclusive authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a nursing home under the provisions of this chapter, and the holder of a license under the provisions of this chapter shall be deemed qualified to serve as the administrator of a nursing home for all purposes.
History: En. Sec. 8, Ch. 363, L. 1969; R.C.M. 1947, 66-3108.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 9. Nursing Home Administrators › Part 2. Board of Nursing Home Administrators › 37-9-203. Duties of board

37-9-203. Duties of board.
The board shall:
(1) develop, impose, and enforce standards that must be met by individuals in order to receive a license as a nursing home administrator, designed to ensure that nursing home administrators are individuals of good character and otherwise suitable and, by education, training, or experience in the field of institutional administration, are qualified to serve as nursing home administrators;
(2) develop and apply appropriate techniques, including examination and investigation, for determining whether individuals meet the standards;
(3) authorize the department to issue licenses to individuals determined to meet the standards;
(4) establish and implement procedures designed to ensure that individuals licensed as nursing home administrators will, during the period that they serve, comply with the requirements of the standards; and
(5) conduct a continuing study and investigation of nursing home administrators within the state with a view to the improvement of the standards imposed for the licensing of administrators and of procedures and methods for the enforcement of the standards with respect to nursing home administrators.
History: En. Sec. 9, Ch. 363, L. 1969; amd. Sec. 6, Ch. 483, L. 1973; amd. Sec. 310, Ch. 350, L. 1974; R.C.M. 1947, 66-3109(part); amd. Sec. 44, Ch. 429, L. 1995; amd. Sec. 23, Ch. 109, L. 2009.