reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 33. Massage Therapy › Part 4. General Provisions › 37-33-404. Exemptions -- rules

37-33-404. Exemptions -- rules.
(1) The provisions of this chapter do not limit or regulate the scope of practice of any other profession licensed under the laws of this state, including but not limited to medicine, dentistry, osteopathy, podiatry, nursing, physical therapy, chiropractic, acupuncture, veterinary medicine, occupational therapy, naturopathic medicine, cosmetology, manicuring, barbering, barbering nonchemical, esthetics, electrology, professional counseling, social work, psychology, or athletic training.
(2) A continuing education course instructor is not required to be licensed as a massage therapist.
(3) A massage therapy student, when enrolled in a board-approved program and while practicing the skills of massage therapy designated as a school-sanctioned activity and under the supervision of a licensed massage therapist, is not required to be licensed.
(4) The provisions of this chapter do not limit or regulate the practice of Native American traditional healing or faith healing.
(5) (a) The provisions of this chapter do not limit or regulate the practice of any person who uses:
(i) touch, words, and directed movement to deepen awareness of existing patterns of movement in the body, as well as to suggest new possibilities of movement. Exempt practices under this subsection (5)(a)(i) include but are not limited to the Feldenkrais method of somatic education, the Trager approach to movement education, and body-mind centering.
(ii) touch to affect the human energy systems, energy meridians, or energy fields. Exempted practices under this subsection (5)(a)(ii) include but are not limited to polarity bodywork therapy, Asian bodywork therapy, acupressure, jin shin do, qigong, reiki, shiatsu, and tui na.
(iii) touch to effect change on the integration of the structure of the physical body. Exempt practices under this subsection (5)(a)(iii) include but are not limited to the Rolf method of structural integration, Rolfing, and Hellerwork.
(iv) touch to affect the reflex areas located in the hands, feet, and outer ears. Exempt practices under this subsection (5)(a)(iv) include but are not limited to reflexology.
(b) The exemptions in subsection (5)(a) apply only if:
(i) the person is recognized by or meets the established requirements of either a professional organization or credentialing agency that represents or certifies the respective practice based on a minimum level of training, demonstration of competence, and adherence to ethical standards; and
(ii) the person's services are not designated as or implied to be massage therapy.
History: En. Sec. 4, Ch. 451, L. 2009; amd. Sec. 15, Ch. 15, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 33. Massage Therapy › Part 4. General Provisions › 37-33-405. Powers and duties of board -- rulemaking authority

37-33-405. Powers and duties of board -- rulemaking authority.
The board shall:
(1) adopt rules necessary or proper to administer and enforce this chapter;
(2) adopt rules that endorse equivalent licensure examinations of another state or territory of the United States, the District of Columbia, or a foreign country and that may include licensure by reciprocity;
(3) adopt rules establishing reasonable requirements for continuing education, which must require 12 hours of continuing education to be completed in each 2-year period;
(4) meet as often as necessary for the conduct of business but at least twice a year; and
(5) take disciplinary action necessary to protect the public as provided for in Title 37, chapter 1.
History: En. Sec. 5, Ch. 451, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 33. Massage Therapy › Part 4. General Provisions › 37-33-406. Massage therapy businesses -- requirements

37-33-406. Massage therapy businesses -- requirements.
(1) A massage therapy business shall conspicuously display on the premises the license of each massage therapist working at the business or, for a mobile practice, make the license readily available.
(2) (a) The department or a designee, a government official having jurisdiction, or a law enforcement officer may enter a massage therapy business at any time during business hours to determine compliance with subsection (1).
(b) The action taken under subsection (2)(a) may not interrupt a treatment session that is in progress, except that a treatment session lasting 2 hours or more may be interrupted.
History: En. Sec. 1, Ch. 419, L. 2019; amd. Sec. 1, Ch. 99, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 33. Massage Therapy › Part 5. Licensing › 37-33-501. License required -- title protection

37-33-501. License required -- title protection.
(1) A person may not practice or purport to practice massage therapy without first obtaining a license under the provisions of 37-33-502.
(2) A person who is not licensed as a massage therapist, whose license has been suspended or revoked, or whose license has lapsed and has not been revived may not use the words or letters "massage therapist", "licensed massage therapist", "L.M.T.", "masseur", or "masseuse" or any other letters, words, or insignia indicating or implying that the person is a licensed massage therapist or in any way, orally, in writing, or in print or by sign, directly or by implication, purport to be a massage therapist.
History: En. Sec. 6, Ch. 451, L. 2009; amd. Sec. 1, Ch. 57, L. 2015; amd. Sec. 3, Ch. 366, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 33. Massage Therapy › Part 5. Licensing › 37-33-502. Qualifications for licensure

37-33-502. Qualifications for licensure.
(1) To be eligible for licensure as a massage therapist as provided in 37-33-501, an applicant:
(a) shall submit an application on a form provided by the department;
(b) shall include with the application the application fee set by the board;
(c) must possess a high school diploma or its equivalent;
(d) must be at least 18 years of age; and
(e) must be of good moral character.
(2) The applicant, in addition to the requirements established in subsection (1), is required to:
(a) successfully complete a massage therapy program of a minimum of 500 hours of study that meets or exceeds the curriculum guidelines established by any program or organization accredited by the national commission for certifying agencies or its equivalent or successor and receive a passing score on an examination prescribed by the board; or
(b) possess an equivalent current license, certification, or registration in good standing from another state.
History: En. Sec. 7, Ch. 451, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 34. Clinical Laboratory Science Practitioners › Part 1. General › 37-34-102. Declaration of policy and purpose

37-34-102. Declaration of policy and purpose.
The legislature finds and declares that because the practice of clinical laboratory science affects the public health, safety, and welfare of Montana citizens, it is the purpose of this chapter to provide for the common good by regulating and ensuring the qualified and professional practice of clinical laboratory science. The legislature further declares that because clinical laboratory science practitioners provide essential services to other health care providers by furnishing vital information that may be used in the assessment of human health and in the diagnosis, prevention, and treatment of disease or impairment, clinical laboratory tests must be performed by individuals who meet specific standards of competency.
History: En. Sec. 2, Ch. 345, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 34. Clinical Laboratory Science Practitioners › Part 2. Board of Clinical Laboratory Science Practitioners › 37-34-201. Powers and duties of board -- rulemaking authority

37-34-201. Powers and duties of board -- rulemaking authority.
(1) The board shall:
(a) meet at least once annually, and at other times as agreed upon, to elect officers and to perform the duties described in Title 37, chapter 1, and this section; and
(b) administer oaths, take affidavits, summon witnesses, and take testimony as to matters within the scope of the board's duties.
(2) The board has the authority to administer and enforce all the powers and duties granted statutorily or adopted administratively.
(3) The board shall adopt rules to administer this chapter. The rules must include but are not limited to:
(a) the development of acceptable certifications for each category of license;
(b) the establishment of criteria for educational requirements that, at a minimum, meet the standards set forth in 37-34-303; and
(c) a requirement that the supervisor of a clinical laboratory technician be accessible at all times that testing is being performed by the technician in order to provide onsite, telephonic, or electronic consultation.
History: En. Sec. 7, Ch. 345, L. 1993; amd. Sec. 96, Ch. 429, L. 1995; amd. Sec. 40, Ch. 271, L. 2003; amd. Sec. 91, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 34. Clinical Laboratory Science Practitioners › Part 3. Licensing › 37-34-301. License required

37-34-301. License required.
A person may not engage in the practice of clinical laboratory science or hold out to the public that the person is a clinical laboratory science practitioner in this state unless the person is licensed pursuant to this chapter.
History: En. Sec. 4, Ch. 345, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 34. Clinical Laboratory Science Practitioners › Part 3. Licensing › 37-34-302. Exemptions

37-34-302. Exemptions.
(1) This chapter does not limit or regulate the practice of licensed physicians, including but not limited to pathologists.
(2) This chapter does not apply to:
(a) any other profession licensed under Title 37 to the extent that the applicable scope of that practice, as defined by statute, rules of the board or agency governing the other profession, or both the statute and rules, authorizes the performance of a clinical laboratory test;
(b) clinical laboratory science practitioners employed by the United States or by any bureau, division, or agency of the United States, while in the discharge of the employee's official duties;
(c) clinical laboratory science practitioners engaged in teaching or research, provided that the results of any examination performed are not used in health maintenance, diagnosis, or treatment of disease;
(d) students or trainees enrolled in a clinical laboratory science education or training program, provided that:
(i) these activities constitute a planned course in the program;
(ii) the persons are designated by a title, such as intern, trainee, or student; and
(iii) the persons work directly under an individual licensed by this state to practice clinical laboratory science;
(e) any person performing only waived tests as provided for in the federal clinical laboratory regulations set forth in 42 CFR part 493;
(f) a perfusionist or cardiopulmonary technician who, as part of a surgical team, performs laboratory tests in an operating room during surgery or during the perioperative and immediate postoperative period; or
(g) clinical laboratory science practitioners, employed by certified rural health clinics, who perform only those basic laboratory services required under federal regulations set forth in 42 CFR 491.9(c)(2).
History: En. Sec. 5, Ch. 345, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 34. Clinical Laboratory Science Practitioners › Part 3. Licensing › 37-34-303. Standards for licensure

37-34-303. Standards for licensure.
(1) The board shall issue a clinical laboratory scientist license to an individual who meets the qualifications as promulgated by rules of the board. At a minimum, a licensee must be a person who:
(a) has graduated with a baccalaureate degree, including a minimum number of hours in areas or disciplines established by rule by the board; and
(b) has passed a certifying examination approved by the board.
(2) The board shall issue a clinical laboratory specialist license to an individual who has graduated with a baccalaureate degree as described in subsection (1) and has passed a certifying examination covering those fields in which the applicant is eligible and approved by the board. The license must be issued as a clinical laboratory specialist license and must state the designation of the area of specialty.
(3) The board shall issue a clinical laboratory technician license to an individual who meets the qualifications promulgated by the board, including the following minimum qualifications:
(a) completion of an associate degree or 60 semester hours in a science-related discipline;
(b) completion of other equivalent formal education as approved by the board; and
(c) passing a certifying examination approved by the board.
History: En. Sec. 8, Ch. 345, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 34. Clinical Laboratory Science Practitioners › Part 3. Licensing › 37-34-305. Licensure application procedures

37-34-305. Licensure application procedures.
(1) An applicant shall submit an application for a license to the board and shall pay an application fee set by the board.
(2) Upon receipt of the application and fee, the department shall issue a license for a clinical laboratory scientist, a clinical laboratory specialist, or a clinical laboratory technician to any person who meets the qualifications specified by the board as set forth in rules adopted by the board pursuant to 37-34-201 and 37-34-303.
History: En. Sec. 10, Ch. 345, L. 1993; amd. Sec. 97, Ch. 429, L. 1995; amd. Sec. 92, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 35. Addiction Counselors(renumbered and Repealed) › Part 1. General(Repealed) › 37-35-101. Repealed

37-35-101. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 1, Ch. 507, L. 1997; amd. Sec. 5, Ch. 23, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 35. Addiction Counselors(renumbered and Repealed) › Part 1. General(Repealed) › 37-35-102. Repealed

37-35-102. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 2, Ch. 507, L. 1997; amd. Sec. 6, Ch. 23, L. 2001; amd. Sec. 140, Ch. 483, L. 2001; amd. Sec. 1, Ch. 72, L. 2011; amd. Sec. 1, Ch. 275, L. 2013; amd. Sec. 6, Ch. 288, L. 2015; amd. Sec. 6, Ch. 50, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 35. Addiction Counselors(renumbered and Repealed) › Part 1. General(Repealed) › 37-35-103. Repealed

37-35-103. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 3, Ch. 507, L. 1997; amd. Sec. 7, Ch. 23, L. 2001; amd. Sec. 93, Ch. 467, L. 2005; amd. Sec. 7, Ch. 288, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 35. Addiction Counselors(renumbered and Repealed) › Part 2. Certification(Repealed) › 37-35-201. Repealed

37-35-201. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 4, Ch. 507, L. 1997; amd. Sec. 8, Ch. 23, L. 2001; amd. Sec. 36, Ch. 109, L. 2009; amd. Sec. 8, Ch. 288, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 35. Addiction Counselors(renumbered and Repealed) › Part 2. Certification(Repealed) › 37-35-202. Repealed

37-35-202. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 5, Ch. 507, L. 1997; amd. Secs. 9, 10, Ch. 23, L. 2001; amd. Sec. 41, Ch. 126, L. 2005; amd. Sec. 37, Ch. 109, L. 2009; amd. Sec. 9, Ch. 288, L. 2015; amd. Sec. 6, Ch. 113, L. 2021; amd. Sec. 1, Ch. 756, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 35. Addiction Counselors(renumbered and Repealed) › Part 2. Certification(Repealed) › 37-35-203. Repealed

37-35-203. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 6, Ch. 507, L. 1997; amd. Sec. 11, Ch. 23, L. 2001; amd. Sec. 41, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 35. Addiction Counselors(renumbered and Repealed) › Part 2. Certification(Repealed) › 37-35-204. Repealed

37-35-204. Repealed.
Sec. 10, Ch. 366, L. 2023; Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 8, Ch. 507, L. 1997; Sec. 37-35-302, MCA 2013; redes. 37-35-204 by Code Commissioner, 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 35. Addiction Counselors(renumbered and Repealed) › Part 3. Regulation (Renumbered and Repealed) › 37-35-301. Repealed

37-35-301. Repealed.
Sec. 11, Ch. 288, L. 2015.
History: En. Sec. 7, Ch. 507, L. 1997; amd. Sec. 12, Ch. 23, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 35. Addiction Counselors(renumbered and Repealed) › Part 3. Regulation (Renumbered and Repealed) › 37-35-303. Repealed

37-35-303. Repealed.
Sec. 11, Ch. 288, L. 2015.
History: En. Sec. 9, Ch. 507, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 35. Addiction Counselors(renumbered and Repealed) › Part 3. Regulation (Renumbered and Repealed) › 37-35-304. Repealed

37-35-304. Repealed.
Sec. 11, Ch. 288, L. 2015.
History: En. Sec. 10, Ch. 507, L. 1997; amd. Sec. 13, Ch. 23, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 36. Athletic Trainers › Part 1. General › 37-36-101. Definitions

37-36-101. Definitions.
As used in this chapter, the following definitions apply:
(1) "Athlete" means a person who participates in an athletic activity that involves exercises, sports, or games requiring physical strength, agility, flexibility, range of motion, speed, or stamina and the exercises, sports, or games are of the type conducted in association with an educational institution or a professional, amateur, or recreational sports club or organization.
(2) "Athletic injury" means a physical injury received by an athlete.
(3) "Athletic trainer" means an individual who is licensed to practice athletic training.
(4) "Athletic training" means the practice of prevention, recognition, assessment, management, treatment, disposition, and reconditioning of athletic injuries. The term includes the following:
(a) the use of heat, light, sound, cold, electricity, exercise, reconditioning, or mechanical devices related to the care and conditioning of athletes; and
(b) the education and counseling of the public on matters related to athletic training.
(5) "Board" means the board of athletic trainers provided for in 2-15-1771.
(6) "Department" means the department of labor and industry provided for in 2-15-1701.
(7) "Licensee" means an individual licensed under this chapter.
History: En. Sec. 2, Ch. 388, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 36. Athletic Trainers › Part 1. General › 37-36-102. Board duties -- rulemaking

37-36-102. Board duties -- rulemaking.
(1) The board shall meet at least twice a year for the purposes provided in Title 37, chapter 1, and this chapter.
(2) The board shall adopt rules necessary to implement the provisions of this chapter.
History: En. Sec. 3, Ch. 388, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 36. Athletic Trainers › Part 2. Regulations -- Penalties › 37-36-201. Qualifications -- temporary license -- exemption from examination

37-36-201. Qualifications -- temporary license -- exemption from examination.
(1) Applicants for licensure as an athletic trainer shall:
(a) satisfactorily complete an application and an examination prescribed by the department in accordance with rules adopted by the board;
(b) pay application, examination, and licensure fees established by the board;
(c) provide documentation that the applicant has received at least a baccalaureate degree from a postsecondary institution that meets the academic standards for athletic trainers established by the national athletic trainers' association board of certification;
(d) provide the board with letters of recommendation from at least two clinical supervisors familiar with the applicant's clinical training and other documentation by which the board may determine that an applicant has not had a criminal conviction or disciplinary action taken against the applicant by a board or a licensing agency in another state or territory of the United States that may have a direct bearing on the applicant's ability to practice athletic training competently.
(2) (a) The board may issue a temporary license to an applicant who:
(i) meets the qualifications in subsections (1)(b) through (1)(d) but has not yet met the examination requirement in subsection (1)(a); or
(ii) has a valid license from another state or certification as provided in subsection (3)(a) or (3)(b).
(b) A temporary license issued under this section is valid after the date of issuance for 90 days or until the board acts on the person's license application, whichever is earlier.
(3) An applicant may be exempted from the examination requirement in subsection (1)(a) if the applicant:
(a) has a current, valid license to practice athletic training in another state and that state's standards, as determined by the board, are at least equal to the standards for licensure in this state; or
(b) is certified as an athletic trainer by an organization recognized by the national commission for certifying agencies.
History: En. Sec. 4, Ch. 388, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 36. Athletic Trainers › Part 2. Regulations -- Penalties › 37-36-202. License -- revocation

37-36-202. License -- revocation.
(1) Except as provided in subsection (2), a license issued under this chapter is valid for 1 year.
(2) The board may revoke a license if a licensee knowingly:
(a) provided fraudulent information on the application or documentation required in 37-36-201;
(b) violated standards of conduct as prescribed by the board; or
(c) engaged in practices beyond the scope and limitation of the person's training and education as determined by the board.
History: En. Sec. 5, Ch. 388, L. 2007; amd. Sec. 38, Ch. 109, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 36. Athletic Trainers › Part 2. Regulations -- Penalties › 37-36-203. Representation to public -- practice -- exemptions

37-36-203. Representation to public -- practice -- exemptions.
(1) (a) Except as provided in subsection (2), an individual may not practice athletic training without a license.
(b) Upon issuance of a license in accordance with this chapter, a licensee may use the title "licensed athletic trainer" or "certified athletic trainer" and may use the abbreviations "LAT" or "AT" indicating that the individual is licensed in the practice of athletic training. A person who is not licensed may not use the titles listed in this subsection (1)(b). Except for an individual listed in subsection (2)(a), an individual who is not certified or licensed as an athletic trainer may not advertise for athletic training services.
(2) This section does not prohibit:
(a) a health care professional licensed under Title 37, chapter 3, 6, 8, 11, 12, 20, 24, or 26, from practicing an occupation or profession for which the health care professional is licensed or from practicing on an athlete;
(b) an educator or an information specialist from providing general information regarding prevention of athletic injuries;
(c) an individual from providing a first aid procedure incidental to the individual's employment or volunteer duties;
(d) an intern or student trainee studying a course of athletic training at an accredited postsecondary institution from providing athletic training under qualified supervision as part of the intern or student trainee's course of study. The intern or student trainee shall use the title "athletic training student" while carrying out athletic training activities.
(e) a personal trainer from providing personal training services;
(f) a massage therapist from providing massage; or
(g) a coach, physical education teacher, athletic director, other school employee, or supervised volunteer from providing first aid, preventative care, or continuous followup care of athletes and athletic injuries in a school setting.
History: En. Sec. 6, Ch. 388, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 36. Athletic Trainers › Part 2. Regulations -- Penalties › 37-36-204. Application and administration of topical medications

37-36-204. Application and administration of topical medications.
(1) A licensed athletic trainer may apply or administer topical medications by:
(a) direct application;
(b) iontophoresis, a process by which topical medications are applied through the use of electricity; or
(c) phonophoresis, a process by which topical medications are applied through the use of ultrasound.
(2) A licensed athletic trainer may apply or administer the following topical medications:
(a) bactericidal agents;
(b) debriding agents;
(c) anesthetic agents;
(d) anti-inflammatory agents;
(e) antispasmodic agents; and
(f) adrenocorticosteroids.
(3) Topical medications applied or administered by a licensed athletic trainer must be prescribed on a specific or standing basis by a licensed medical practitioner authorized to order or prescribe topical medications and must be purchased from a pharmacy certified under 37-7-321. Topical medications dispensed under this section must comply with packaging and labeling guidelines developed by the board of pharmacy under Title 37, chapter 7.
(4) Appropriate recordkeeping is required of a licensed athletic trainer who applies or administers topical medications as authorized in this section.
History: En. Sec. 7, Ch. 388, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 36. Athletic Trainers › Part 2. Regulations -- Penalties › 37-36-205. Repealed

37-36-205. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 8, Ch. 388, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 37. Marriage and Family Therapists(repealed) › Part 1. General Provisions(Repealed) › 37-37-101. Repealed

37-37-101. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 1, Ch. 403, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 37. Marriage and Family Therapists(repealed) › Part 1. General Provisions(Repealed) › 37-37-102. Repealed

37-37-102. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 2, Ch. 403, L. 2009; amd. Sec. 9, Ch. 130, L. 2015; amd. Sec. 10, Ch. 288, L. 2015; amd. Sec. 2, Ch. 158, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 37. Marriage and Family Therapists(repealed) › Part 2. Licensing(Repealed) › 37-37-201. Repealed

37-37-201. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 3, Ch. 403, L. 2009; amd. Sec. 10, Ch. 130, L. 2015; amd. Sec. 4, Ch. 113, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 37. Marriage and Family Therapists(repealed) › Part 2. Licensing(Repealed) › 37-37-202. Repealed

37-37-202. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 4, Ch. 403, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 37. Marriage and Family Therapists(repealed) › Part 2. Licensing(Repealed) › 37-37-205. Repealed

37-37-205. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 11, Ch. 130, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 37. Marriage and Family Therapists(repealed) › Part 3. Regulation -- Penalties(Repealed) › 37-37-301. Repealed

37-37-301. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 5, Ch. 403, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 37. Marriage and Family Therapists(repealed) › Part 3. Regulation -- Penalties(Repealed) › 37-37-302. Repealed

37-37-302. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 1, Ch. 16, L. 2013.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 38. Behavioral Health Peer Support Specialists(repealed) › Part 1. General Provisions(Repealed) › 37-38-101. Repealed

37-38-101. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 1, Ch. 127, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 38. Behavioral Health Peer Support Specialists(repealed) › Part 1. General Provisions(Repealed) › 37-38-102. Repealed

37-38-102. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 2, Ch. 127, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 38. Behavioral Health Peer Support Specialists(repealed) › Part 1. General Provisions(Repealed) › 37-38-106. Repealed

37-38-106. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 5, Ch. 127, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 38. Behavioral Health Peer Support Specialists(repealed) › Part 2. Certification(Repealed) › 37-38-201. Repealed

37-38-201. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 3, Ch. 127, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 38. Behavioral Health Peer Support Specialists(repealed) › Part 2. Certification(Repealed) › 37-38-202. Repealed

37-38-202. Repealed.
Sec. 30, Ch. 713, L. 2023.
History: En. Sec. 4, Ch. 127, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 1. General Provisions › 37-39-101. Purpose

37-39-101. Purpose.
The practices of social work, professional counseling, marriage and family therapy, addiction counseling, and behavioral health peer support in the state of Montana are professional behavioral health practices affecting the public health, safety, and welfare and are subject to regulation and control in the public interest. It is a matter of public interest and concern that the collective practices of these professions warrant and receive the confidence of the public and that only qualified persons be permitted to practice in the behavioral health field from within or outside of Montana and engage with behavioral health clients located within the state. This chapter must be liberally construed to carry out these objectives and purposes.
History: En. Sec. 1, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 1. General Provisions › 37-39-103. Duties of board

37-39-103. Duties of board.
The board:
(1) shall meet at least annually to perform the duties described in this chapter;
(2) shall adopt rules to carry out the provisions of this chapter, including but not limited to rules that set professional, practice, and ethical standards for licensees;
(3) may adopt rules governing the issuance of licenses of special competence in particular areas of practice as a clinical professional counselor. The board shall establish criteria for each particular area for which a license is issued.
(4) shall recommend prosecutions for violations of this chapter to the attorney general or the appropriate county attorney, or both.
History: En. Sec. 3, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 2. Licensing › 37-39-201. Fees

37-39-201. Fees.
Each applicant for a license or certification shall, upon submitting an application to the board, pay an application fee set by the department.
History: En. Sec. 4, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 2. Licensing › 37-39-202. Background checks

37-39-202. Background checks.
(1) As a prerequisite to the issuance of a license, candidate license, or certification, the board shall require an applicant to submit fingerprints for the purposes of fingerprint checks by the Montana department of justice and the federal bureau of investigation as provided in 37-1-307. The board shall require a criminal background check of applicants and shall determine the applicant's suitability for licensure as provided in 37-1-201 through 37-1-205 and 37-1-307.
(2) (a) An applicant who has a history of criminal convictions has the opportunity, as provided in 37-1-203, to demonstrate to the board that the applicant is sufficiently rehabilitated to warrant the public trust.
(b) The board may deny the license or certification if the board determines the applicant is not sufficiently rehabilitated.
History: En. Sec. 5, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 2. Licensing › 37-39-203. Licensure and certification reciprocity for out-of-state applicants

37-39-203. Licensure and certification reciprocity for out-of-state applicants.
(1) An applicant for reciprocity licensure or certification is subject to the application procedure in this chapter and must have an active license or certificate in good standing from a jurisdiction whose license or certification qualifications, measured at the time of application to this state, are substantially equivalent to the license or certification qualifications in this state as determined by the department.
(2) If the qualifications in subsection (1) are not substantially equivalent, the department shall refer the application to the board to determine if the deficiency can be addressed by the applicant's actual qualifications and work experience.
History: En. Sec. 34, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 3. License Scope of Practice and Qualifications › 37-39-301. Privileged communications -- exceptions

37-39-301. Privileged communications -- exceptions.
A licensee may not disclose any information the licensee acquires from clients consulting the licensee in a professional capacity except:
(1) with the written consent of the client or, in the case of the client's death or mental incapacity, with the written consent of the client's personal representative or guardian;
(2) when a communication that otherwise would be confidential reveals that the client or another person is contemplating the commission of a crime or the licensee's professional opinion reveals a threat of imminent harm to the client or others;
(3) when the client is a minor and information acquired by the licensee indicates that the client was the victim of a crime, the licensee may be required to testify fully in relation to the information in any investigation, trial, or other legal proceeding in which the commission of that crime is the subject of inquiry;
(4) when the client or the client's personal representative or guardian brings an action against a licensee for a claim arising out of the licensee-client relationship, the client is considered to have waived any privilege;
(5) when the client otherwise waives the licensee-client privilege; and
(6) as may otherwise be required by law.
History: En. Sec. 6, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 3. License Scope of Practice and Qualifications › 37-39-302. Immunity from disciplinary action -- exceptions

37-39-302. Immunity from disciplinary action -- exceptions.
(1) Except as provided in subsection (2), immunity from the disciplinary authority of the board for violations of 37-1-316 is granted to a licensee when any allegation of misconduct is based on testimony or opinions offered by the licensee with respect to judicial proceedings governed by Title 40, 41, or 42.
(2) This section does not apply to addiction counselors or behavioral health peer support specialists.
History: En. Sec. 7, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 3. License Scope of Practice and Qualifications › 37-39-303. Exemptions from licensure

37-39-303. Exemptions from licensure.
The license and certification requirements of this chapter do not prohibit:
(1) a member of another profession from performing duties and services consistent with the individual's licensure or certification or, in the case of a qualified member of another profession who is not licensed or certified, from performing duties and services consistent with the person's training, as long as the person does not represent by title that the person is licensed by the board;
(2) an activity or service or use of an official title by a person employed by or acting as a volunteer for a federal, state, county, or municipal agency or an educational, research, or charitable institution that is a part of the duties of the office or position;
(3) an activity or service of an employee of a business establishment performed solely for the benefit of the establishment's employees; or
(4) an activity or service of a student, intern, or resident in behavioral health counseling pursuing a course of study at an accredited university or college or working in a generally recognized training program if the activity or service constitutes a part of a supervised course of study.
History: En. Sec. 8, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 3. License Scope of Practice and Qualifications › 37-39-307. Candidates for licensure or certification

37-39-307. Candidates for licensure or certification.
(1) A person who has completed the education requirements of 37-39-308, 37-39-309, 37-39-310, or 37-39-311 but who has not completed the supervised work experience may apply for licensure as a candidate.
(2) A candidate shall submit a training and supervision plan.
(3) On completion of the supervised work experience, the candidate may apply to take any approved examination for the licensure level the individual seeks to practice.
(4) The board shall limit the number of years a person may be licensed as a candidate under this section.
(5) On passage of an approved examination, the candidate must apply for licensure in order to continue to practice.
History: En. Sec. 9, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 3. License Scope of Practice and Qualifications › 37-39-308. Social work license required -- qualifications

37-39-308. Social work license required -- qualifications.
(1) A person may not practice social work unless licensed under Title 37, chapter 1, and this chapter.
(2) Except as provided in subsection (6), an applicant for a clinical social work license must have:
(a) completed a master's or doctoral degree in social work from an approved program;
(b) successfully completed 3,000 hours of supervised social work practice; and
(c) passed an approved examination.
(3) Except as provided in subsection (8), an applicant for a master's social work license must have:
(a) completed a master's degree in an approved program;
(b) successfully completed the required hours of supervised social work practice as determined by board rule; and
(c) passed an approved examination.
(4) Except as provided in subsection (8), an applicant for a baccalaureate social work license must have:
(a) completed a bachelor's degree in social work from an approved program;
(b) successfully completed the required hours of supervised social work practice as determined by board rule; and
(c) passed an approved examination.
(5) A clinical social work licensee may engage in the independent practice of social work as defined in board rule.
(6) An applicant for a clinical social work license who has not completed the degree requirements of subsection (2)(a) may be licensed if the applicant meets requirements established by the board by rule for additional postdegree social work experience equivalent to the provisions of subsections (2)(a) and (2)(b).
(7) The supervised social work practice required by this section must be completed as provided in 37-39-307 and as prescribed by the board by rule.
(8) An individual who as of January 1, 2020, has the education required in subsection (3) or (4) and has engaged in the practice of social work for at least 4,000 hours aggregate during the period of January 1, 2018, to January 1, 2023, may apply for licensure as a baccalaureate or master's social worker without examination, without registering as a licensed social worker candidate, and without meeting the required supervised hours pursuant to subsection (3) or (4). To be eligible for licensure under this subsection, an individual shall demonstrate these requirements to the board on or before December 31, 2024.
History: En. Sec. 10, Ch. 713, L. 2023; amd. Sec. 3, Ch. 726, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 3. License Scope of Practice and Qualifications › 37-39-309. Clinical professional counseling license required -- qualifications

37-39-309. Clinical professional counseling license required -- qualifications.
(1) A person may not practice clinical professional counseling unless licensed under Title 37, chapter 1, and this chapter.
(2) Except as provided in subsection (3), an applicant for licensure as a clinical professional counselor must have:
(a) completed a master's or doctoral degree from an approved program;
(b) completed 3,000 hours of supervised clinical professional counseling practice; and
(c) passed an approved examination.
(3) An applicant who has not completed the degree requirements of subsection (2)(a) may be licensed if the applicant meets requirements established by the board by rule for additional postdegree experience equivalent to the provisions of subsections (2)(a) and (2)(b).
(4) The supervised clinical professional counseling practice required under subsection (2(b) must be completed as provided in 37-39-307 and as prescribed by the board by rule.
History: En. Sec. 11, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 3. License Scope of Practice and Qualifications › 37-39-310. Addiction counseling license required -- qualifications

37-39-310. Addiction counseling license required -- qualifications.
(1) A person may not practice addiction counseling unless licensed under Title 37, chapter 1, and this chapter.
(2) Except as provided in subsection (3), an applicant for licensure as an addiction counselor must have:
(a) a minimum of an associate degree from an accredited institution in one of the following areas:
(i) alcohol and drug studies;
(ii) addiction;
(iii) substance abuse; or
(b) a minimum of an associate degree from an accredited institution in any area of instruction and a certificate from an accredited program in areas specified in (2)(a)(i) through (2)(a)(ii);
(c) a minimum of a baccalaureate or advanced degree from an accredited college or university in any area. Either as part of that degree or taken as courses outside the degree from an accredited college or university, the applicant must have the following:
(i) six semester credits in human behavior, sociology, psychology, or a similar emphasis;
(ii) three semester credits in psychopathology or coursework exploring patterns and courses of abnormal or deviant behavior;
(iii) three semester credits in group counseling; and
(iv) three semester credits in the theory of counseling;
(d) completed supervised addiction counseling practice as defined by the board by rule; and
(e) passed an approved examination. The board shall provide by rule how much experience counts for the examination.
(3) An applicant who has not completed the education requirements of subsection (2) may be licensed if the applicant meets requirements established by the board by rule for additional work experience equivalent to the provisions of subsections (2)(a) through (2)(c).
(4) The supervised addiction counseling practice required under subsection (2)(d) must be completed as provided in 37-39-307 and as prescribed by the board by rule.
(5) Individuals enrolled in a certificate program not connected to a degree program prior to January 31, 2023, must obtain the certificate prior to June 30, 2025, to be eligible for licensure and must meet all other requirements for licensure in effect prior to October 1, 2023.
History: En. Sec. 12, Ch. 713, L. 2023; amd. Sec. 2, Ch. 756, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 3. License Scope of Practice and Qualifications › 37-39-311. Marriage and family therapy license required -- qualifications

37-39-311. Marriage and family therapy license required -- qualifications.
(1) A person may not practice marriage and family therapy unless licensed under Title 37, chapter 1, and this chapter.
(2) An applicant for licensure as a marriage and family therapist must have:
(a) (i) completed a master's or doctoral degree in marriage and family therapy from an approved program;
(ii) completed a graduate degree in an allied field from an approved program, including graduate-level work that the board determines to be the equivalent of a master's degree in marriage and family therapy or marriage and family counseling; or
(iii) completed additional postdegree experience as defined by board rule as equivalent to the degree requirements in subsection (2)(a)(i) or (2)(a)(ii) if the applicant does not have a degree as provided in subsection (2)(a)(i) or (2)(a)(ii);
(b) passed an approved examination; and
(c) practiced under the direct supervision of an approved supervisor for at least 3,000 hours, including 1,000 hours of face-to-face client contact in the practice of marriage and family therapy, of which up to 500 hours may be accumulated while achieving the educational credentials listed in subsection (2)(a)(i) or (2)(a)(ii).
(3) The supervised practice required under subsection (2)(c) must be completed as provided in 37-39-307 and as prescribed by the board by rule.
History: En. Sec. 13, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 39. Behavioral Health › Part 3. License Scope of Practice and Qualifications › 37-39-312. Peer support specialist license required -- qualifications

37-39-312. Peer support specialist license required -- qualifications.
(1) A person may not practice peer support unless licensed under Title 37, chapter 1, and this chapter.
(2) An applicant for licensure as a peer support specialist must:
(a) have a diagnosis from a mental health professional as having a behavioral health disorder;
(b) have received treatment for the diagnosed behavioral health disorder;
(c) be in recovery, as defined by board rule, from the behavioral health disorder; and
(d) have successfully completed an approved program in behavioral peer support, including an ethics portion, as defined by board rule. The board shall:
(i) provide a list of approved programs; and
(ii) approve content that is flexible, affordable, and inclusive of faith-based, cultural, and educational programs available from national, regional, and state agencies and organizations.
History: En. Sec. 14, Ch. 713, L. 2023.