reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 15. Speech-Language Pathologists and Audiologists › Part 3. Licensing › 37-15-314. Telehealth -- authorization -- assistants

37-15-314. Telehealth -- authorization -- assistants.
(1) An audiologist, speech-language pathologist, speech-language pathology assistant, or audiology assistant who is licensed under and meets the requirements of this chapter may engage in telehealth in Montana without obtaining a separate or additional license from the board.
(2) Except as provided in 37-15-103, an audiologist, speech-language pathologist, speech-language pathology assistant, or audiology assistant who is not a resident of Montana and who is not licensed under this chapter may not provide services to patients in Montana through telehealth without first obtaining a license from the board in accordance with this part or pursuant to the Audiology and Speech-Language Pathology Interstate Compact provided for in 37-15-401.
(3) An audiology assistant or a speech-language pathology assistant may engage in telehealth or provide other services as directed by a speech-language pathologist or audiologist that otherwise comply with board rules for scope of practice by speech-language pathology assistants and audiology assistants.
History: En. Sec. 3, Ch. 162, L. 2013; amd. Sec. 14, Ch. 497, L. 2021; amd. Sec. 4, Ch. 349, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 15. Speech-Language Pathologists and Audiologists › Part 3. Licensing › 37-15-315. Scope of telehealth -- requirements

37-15-315. Scope of telehealth -- requirements.
(1) The quality of services provided through telehealth must be equivalent to the quality of audiology or speech-language pathology services that are provided in person and must conform to all existing state, federal, and institutional professional standards, policies, and requirements for audiologists and speech-language pathologists.
(2) Technology used to provide telehealth, including but not limited to equipment, connectivity, software, hardware, and network compatibility, must be appropriate for the service being delivered and must address the unique needs of each patient. Audio and video quality utilized in telehealth must be sufficient to deliver services that are equivalent to services that are provided in person. A person providing telehealth services is responsible for calibrating clinical instruments in accordance with standard operating procedures and the manufacturer's specifications.
(3) A person providing telehealth services shall comply with all state and federal laws, rules, and regulations governing the maintenance of patient records, including maintaining patient confidentiality and protecting sensitive patient data.
(4) A person providing telehealth services shall conduct an initial assessment of each patient's candidacy for telehealth, including the patient's behavioral, physical, and cognitive abilities to participate in services provided through telehealth. Telehealth may not be provided only through written correspondence.
(5) At a minimum, a person providing telehealth services shall provide a notice of telehealth services to each patient and, if applicable, the patient's guardian, caregiver, or multidisciplinary team. The notification must provide that a patient has the right to refuse telehealth services and has options for service delivery and must include instructions on filing and resolving complaints.
History: En. Sec. 4, Ch. 162, L. 2013; amd. Sec. 10, Ch. 497, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 15. Speech-Language Pathologists and Audiologists › Part 3. Licensing › 37-15-321. Repealed

37-15-321. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. 66-3911 by Sec. 12, Ch. 543, L. 1975; R.C.M. 1947, 66-3911.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 15. Speech-Language Pathologists and Audiologists › Part 3. Licensing › 37-15-322. Repealed

37-15-322. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. 66-3912 by Sec. 13, Ch. 543, L. 1975; R.C.M. 1947, 66-3912.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 15. Speech-Language Pathologists and Audiologists › Part 3. Licensing › 37-15-323. Repealed

37-15-323. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. 66-3913 by Sec. 14, Ch. 543, L. 1975; R.C.M. 1947, 66-3913; amd. Sec. 6, Ch. 413, L. 1989.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 15. Speech-Language Pathologists and Audiologists › Part 4. Audiology and Speech-LanguagePathology Interstate Compact › 37-15-402. Criminal background check

37-15-402. Criminal background check.
(1) As provided in 37-1-307, the board shall require each applicant for licensure as a speech-language pathologist or audiologist to submit a full set of the applicant's fingerprints to the board to facilitate a fingerprint-based criminal background check by the Montana department of justice and the federal bureau of investigation. The board may not disseminate criminal history record information resulting from the background check across state lines.
(2) The board may require licensees renewing their licenses to submit a full set of their fingerprints to the board for the purpose of obtaining a criminal record background check by the Montana department of justice and the federal bureau of investigation.
History: En. Sec. 2, Ch. 349, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 1. General › 37-16-101. Declaration of policy

37-16-101. Declaration of policy.
The selling, dispensing, and fitting of hearing aids is hereby declared to affect the public health and welfare and is subject to regulation and control in the public interest. This chapter shall be liberally construed to carry out the objectives and purposes hereinafter described in accordance with this declaration of policy.
History: En. Sec. 1, Ch. 204, L. 1969; R.C.M. 1947, 66-3001; amd. Sec. 1, Ch. 404, L. 1985.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 1. General › 37-16-102. Definitions

37-16-102. Definitions.
Unless the context requires otherwise, in this chapter the following definitions apply:
(1) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.
(2) "Licensed hearing aid dispenser" is an individual who orders, fits, sells, and dispenses prescription hearing aids.
(3) "Over-the-counter hearing aid" has the definition specified in 21 CFR 800.30 in effect on January 1, 2023.
(4) "Permanent place of business" means the primary site in this state at which a person licensed under this chapter conducts testing and fitting of prescription hearing aids and related devices.
(5) "Practice of ordering, selling, dispensing, and fitting prescription hearing aids" means the evaluation or measurement of the powers or range of human hearing by means of an audiometer and a visual examination of the ear and canal or by any other means devised and the consequent ordering, selection, adaption, sale, dispensing, or fitting of prescription hearing aids intended to compensate for hearing loss, including eyeglass prescription hearing aids and their fittings, and the making of an impression of the ear and the subsequent selection of a proper ear mold, but does not include batteries, cords, or accessories.
(6) "Prescription hearing aid" has the definition specified in 21 CFR 801.422 in effect on January 1, 2023. The term does not include an over-the-counter hearing aid.
History: En. Sec. 3, Ch. 204, L. 1969; amd. Sec. 292, Ch. 350, L. 1974; R.C.M. 1947, 66-3003; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 4, Ch. 444, L. 1981; amd. Sec. 2, Ch. 404, L. 1985; amd. Sec. 125, Ch. 483, L. 2001; amd. Sec. 1, Ch. 34, L. 2009; amd. Sec. 4, Ch. 483, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 1. General › 37-16-103. Exemptions

37-16-103. Exemptions.
This chapter does not apply to a person who is:
(1) a physician licensed to practice by the state board of medical examiners;
(2) engaged in the practice of fitting prescription hearing aids if the person's practice is part of the academic curriculum of an accredited institution of higher education or part of a program conducted by a public agency; or
(3) licensed as an audiologist under the provisions of Title 37, chapter 15.
History: En. Sec. 9, Ch. 204, L. 1969; amd. Sec. 297, Ch. 350, L. 1974; R.C.M. 1947, 66-3009; amd. Sec. 3, Ch. 404, L. 1985; amd. Sec. 1378, Ch. 56, L. 2009; amd. Sec. 3, Ch. 342, L. 2011; amd. Sec. 5, Ch. 483, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 2. Board of Hearing Aid Dispensers › 37-16-201. Repealed

37-16-201. Repealed.
Sec. 12, Ch. 483, L. 2023.
History: En. Sec. 6, Ch. 204, L. 1969; amd. Sec. 295, Ch. 350, L. 1974; R.C.M. 1947, 66-3006; amd. Sec. 5, Ch. 444, L. 1981; amd. Sec. 22, Ch. 492, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 2. Board of Hearing Aid Dispensers › 37-16-202. Powers and duties -- licensed hearing aid dispenser program

37-16-202. Powers and duties -- licensed hearing aid dispenser program.
The department may:
(1) adopt rules necessary to carry out this chapter;
(2) require the periodic inspection and calibration of audiometric testing equipment; and
(3) adopt minimum requirements for the form of bills of sale and receipts.
History: En. Sec. 5, Ch. 204, L. 1969; amd. Sec. 294, Ch. 350, L. 1974; R.C.M. 1947, 66-3005; amd. Sec. 6, Ch. 444, L. 1981; amd. Sec. 4, Ch. 404, L. 1985; (9)En. Sec. 11, Ch. 155, L. 1991; amd. Sec. 1, Ch. 72, L. 1995; amd. Sec. 18, Ch. 481, L. 1997; amd. Sec. 55, Ch. 467, L. 2005; amd. Sec. 29, Ch. 109, L. 2009; amd. Sec. 6, Ch. 483, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 2. Board of Hearing Aid Dispensers › 37-16-203. Repealed

37-16-203. Repealed.
Sec. 12, Ch. 483, L. 2023.
History: En. Sec. 20, Ch. 204, L. 1969; amd. Sec. 303, Ch. 350, L. 1974; amd. Sec. 44, Ch. 439, L. 1975; R.C.M. 1947, 66-3020(2); amd. Sec. 12, Ch. 22, L. 1979; amd. Sec. 20, Ch. 474, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 3. Regulatory Provisions › 37-16-301. Permanent place of business in state necessary -- records -- notice -- designation of licensee in charge

37-16-301. Permanent place of business in state necessary -- records -- notice -- designation of licensee in charge.
(1) A licensed hearing aid dispenser must have a permanent place of business in this state.
(2) Each permanent place of business shall designate one licensed hearing aid dispenser who is not a trainee as the person in charge.
(3) The licensed hearing aid dispenser in charge of a permanent place of business shall:
(a) maintain custody and control of the business records of that permanent place of business;
(b) produce the business records as requested by the department; and
(c) notify the department in writing of any change of address in the permanent place of business within 30 days.
History: En. Sec. 15, Ch. 204, L. 1969; amd. Sec. 300, Ch. 350, L. 1974; R.C.M. 1947, 66-3015; amd. Sec. 7, Ch. 444, L. 1981; amd. Sec. 5, Ch. 404, L. 1985; amd. Sec. 1, Ch. 155, L. 1991; amd. Sec. 60, Ch. 429, L. 1995; amd. Sec. 7, Ch. 483, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 3. Regulatory Provisions › 37-16-302. Sale of dispensing business

37-16-302. Sale of dispensing business.
A business selling, dispensing, or fitting hearing aids may be sold provided the new owners comply with all the provisions of this chapter.
History: En. Sec. 18, Ch. 204, L. 1969; R.C.M. 1947, 66-3018; amd. Sec. 6, Ch. 404, L. 1985.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 3. Regulatory Provisions › 37-16-303. Bill of sale

37-16-303. Bill of sale.
A licensed hearing aid dispenser shall, upon the sale of a prescription hearing aid, deliver to the customer a bill of sale that must contain:
(1) the seller's signature and license number, the name and address of the seller's permanent place of business, and, if different from the permanent place of business, the address where the sale was concluded;
(2) a description of the make and type of the prescription hearing aid or related device furnished and the amount charged;
(3) any warranty or return policy provided or the lack of any warranty or return policy;
(4) the right to cancel, if applicable, under Title 30, chapter 14, part 5; and
(5) the following statement, in boldface, 12-point type: "If you have any questions regarding your consumer rights with respect to hearing aids, contact the State of Montana Hearing Aid Dispensers Program." The statement must also list the current website address and mailing address of the department.
History: En. Sec. 8, Ch. 204, L. 1969; R.C.M. 1947, 66-3008; amd. Sec. 7, Ch. 404, L. 1985; amd. Sec. 2, Ch. 155, L. 1991; amd. Sec. 19, Ch. 481, L. 1997; amd. Sec. 23, Ch. 492, L. 2001; amd. Sec. 2, Ch. 34, L. 2009; amd. Sec. 8, Ch. 483, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 3. Regulatory Provisions › 37-16-304. Repealed

37-16-304. Repealed.
Sec. 12, Ch. 483, L. 2023.
History: En. Sec. 10, Ch. 155, L. 1991; amd. Sec. 20, Ch. 481, L. 1997; amd. Sec. 11, Ch. 230, L. 1999; amd. Sec. 3, Ch. 34, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 4. Licensing › 37-16-401. License required -- exception

37-16-401. License required -- exception.
Except as provided in 37-16-103, a person may not engage in selling, dispensing, or fitting hearing aids or display a sign or in any other way advertise the selling, dispensing, or fitting of hearing aids in Montana unless the person holds a current license issued by the department.
History: En. Sec. 7, Ch. 304, L. 1969; amd. Sec. 296, Ch. 350, L. 1974; R.C.M. 1947, 66-3007; amd. Sec. 8, Ch. 404, L. 1985; amd. Sec. 2, Ch. 72, L. 1995; amd. Sec. 4, Ch. 342, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 4. Licensing › 37-16-402. Hearing aid dispenser license required -- qualifications -- fee

37-16-402. Hearing aid dispenser license required -- qualifications -- fee.
(1) An applicant for a license shall pay a fee fixed by the department and shall show to the satisfaction of the department that the applicant:
(a) has a current license as an audiologist under Title 37, chapter 15; or
(b) (i) has a high school diploma or equivalent;
(ii) meets training requirements established by department rule; and
(iii) has passed an examination prescribed by department rule.
(2) An applicant who has not met the training and examination requirements in this section may apply for a trainee hearing aid dispenser license as prescribed in this chapter and department rule.
History: En. Sec. 10, Ch. 204, L. 1969; R.C.M. 1947, 66-3010; amd. Sec. 40, Ch. 345, L. 1981; amd. Sec. 8, Ch. 444, L. 1981; amd. Sec. 9, Ch. 404, L. 1985; amd. Sec. 3, Ch. 155, L. 1991; amd. Sec. 1379, Ch. 56, L. 2009; amd. Sec. 9, Ch. 483, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 4. Licensing › 37-16-403. Repealed

37-16-403. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 11, Ch. 204, L. 1969; amd. Sec. 298, Ch. 350, L. 1974; R.C.M. 1947, 66-3011; amd. Sec. 10, Ch. 404, L. 1985; amd. Sec. 4, Ch. 155, L. 1991; amd. Sec. 3, Ch. 72, L. 1995; amd. Sec. 21, Ch. 224, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 4. Licensing › 37-16-404. Repealed

37-16-404. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 12, Ch. 204, L. 1969; R.C.M. 1947, 66-3012; amd. Sec. 90, Ch. 370, L. 1987; amd. Sec. 4, Ch. 72, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 4. Licensing › 37-16-405. Repealed

37-16-405. Repealed.
Sec. 12, Ch. 483, L. 2023.
History: En. Sec. 14, Ch. 204, L. 1969; amd. Sec. 299, Ch. 350, L. 1974; R.C.M. 1947, 66-3014; amd. Sec. 41, Ch. 345, L. 1981; amd. Sec. 9, Ch. 444, L. 1981; amd. Sec. 11, Ch. 404, L. 1985; amd. Sec. 5, Ch. 155, L. 1991; amd. Sec. 5, Ch. 72, L. 1995; amd. Sec. 21, Ch. 481, L. 1997; amd. Sec. 56, Ch. 467, L. 2005; amd. Sec. 17, Ch. 502, L. 2007; amd. Sec. 30, Ch. 109, L. 2009; amd. Sec. 5, Ch. 342, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 4. Licensing › 37-16-406. Repealed

37-16-406. Repealed.
Sec. 12, Ch. 483, L. 2023.
History: En. Sec. 19, Ch. 204, L. 1969; amd. Sec. 302, Ch. 350, L. 1974; R.C.M. 1947, 66-3019; amd. Sec. 12, Ch. 404, L. 1985; amd. Sec. 6, Ch. 72, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 4. Licensing › 37-16-407. Repealed

37-16-407. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 16, Ch. 204, L. 1969; amd. Sec. 301, Ch. 350, L. 1974; amd. Sec. 14, Ch. 215, L. 1975; R.C.M. 1947, 66-3016; amd. Sec. 42, Ch. 345, L. 1981; amd. Sec. 10, Ch. 444, L. 1981; amd. Sec. 13, Ch. 404, L. 1985; amd. Sec. 6, Ch. 155, L. 1991; amd. Sec. 7, Ch. 72, L. 1995; amd. Sec. 22, Ch. 481, L. 1997; amd. Sec. 22, Ch. 492, L. 1997; amd. Sec. 23, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 4. Licensing › 37-16-408. Deposit of fees, fines, and costs

37-16-408. Deposit of fees, fines, and costs.
Fees, fines, and costs collected under this chapter, except those collected by a justice's court, must be deposited in the state special revenue fund for the use of the department, subject to appropriations and 37-1-101(6).
History: En. Sec. 20, Ch. 204, L. 1969; amd. Sec. 303, Ch. 350, L. 1974; amd. Sec. 44, Ch. 439, L. 1975; R.C.M. 1947, 66-3020(1); amd. Sec. 11, Ch. 444, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 14, Ch. 404, L. 1985; amd. Sec. 26, Ch. 557, L. 1987; amd. Sec. 7, Ch. 155, L. 1991; amd. Sec. 10, Ch. 483, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 4. Licensing › 37-16-411. Revocation or suspension of license -- investigations -- fines

37-16-411. Revocation or suspension of license -- investigations -- fines.
(1) The department may, at its discretion or upon written complaint of an aggrieved person, investigate an alleged violation of this chapter by a licensee or applicant for licensure. If the investigation discloses a probable violation of this chapter or department rules, the department may institute a proceeding pursuant to the provisions of 37-1-403.
(2) A licensee or license applicant may be sanctioned as provided in 37-1-406 for unprofessional conduct defined in 37-1-410 or department administrative rules.
History: En. Sec. 17, Ch. 204, L. 1969; amd. Sec. 27, Ch. 101, L. 1977; R.C.M. 1947, 66-3017; amd. Sec. 15, Ch. 404, L. 1985; amd. Sec. 8, Ch. 155, L. 1991; amd. Sec. 8, Ch. 72, L. 1995; amd. Sec. 31, Ch. 109, L. 2009; amd. Sec. 11, Ch. 483, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 4. Licensing › 37-16-412. Revocation, suspension, or denial -- notice and hearing

37-16-412. Revocation, suspension, or denial -- notice and hearing.
No license issued under this chapter may be suspended, revoked, denied, or renewal denied without notice and opportunity for a hearing as provided under the Montana Administrative Procedure Act.
History: En. Sec. 22, Ch. 204, L. 1969; amd. Sec. 304, Ch. 350, L. 1974; amd. Sec. 28, Ch. 101, L. 1977; R.C.M. 1947, 66-3022; amd. Sec. 12, Ch. 444, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 16. Hearing Aid Dispensers › Part 4. Licensing › 37-16-413. Repealed

37-16-413. Repealed.
Sec. 10, Ch. 366, L. 2023; sec. 12, Ch. 483, L. 2023.
History: En. Sec. 21, Ch. 204, L. 1969; R.C.M. 1947, 66-3021; amd. Sec. 16, Ch. 404, L. 1985; amd. Sec. 32, Ch. 109, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 1. General › 37-17-101. Purpose

37-17-101. Purpose.
The legislature finds and declares that the practice of psychology in Montana affects the public health, safety, and welfare and should therefore be subject to regulation and control in the public interest in order to protect the public from the unauthorized and unqualified practice of psychology and from unprofessional conduct by persons licensed to practice psychology.
History: En. Sec. 1, Ch. 73, L. 1971; R.C.M. 1947, 66-3201.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 1. General › 37-17-102. Definitions

37-17-102. Definitions.
Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Accredited college or university" means a college or university accredited by the regional accrediting association for institutions of higher learning, such as the northwest commission on colleges and universities.
(2) "Board" means the board of psychologists provided for in 2-15-1741.
(3) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.
(4) (a) "Practice of psychology" means the observation, description, interpretation, and modification of human behavior by the application of psychological principles, methods, and procedures for the purpose of eliminating symptomatic, maladaptive, or undesired behavior and improving interpersonal relations, work and life adjustment, personal effectiveness, and mental health.
(b) The practice of psychology includes but is not limited to psychological testing and evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional disorders or disabilities, chemical dependency, substance abuse, and the psychological aspects of physical illness, accident, injury, or disability; and psychoeducational evaluation, therapy, remediation, and consultation.
(5) A person represents to the public that the person is a "psychologist" when the person uses a title or description of services incorporating the words "psychologist", "psychological", "psychologic", or "psychology" and offers to render or renders psychological services described in subsection (4) to individuals, groups, corporations, or the public, whether or not the person does so for compensation or fee.
History: En. Sec. 2, Ch. 73, L. 1971; amd. Sec. 312, Ch. 350, L. 1974; R.C.M. 1947, 66-3202; amd. Sec. 13, Ch. 22, L. 1979; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 5, Ch. 324, L. 1981; amd. Sec. 1, Ch. 347, L. 1987; amd. Sec. 44, Ch. 18, L. 1995; amd. Sec. 126, Ch. 483, L. 2001; amd. Sec. 54, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 1. General › 37-17-103. Limitation of license authority

37-17-103. Limitation of license authority.
Nothing in this chapter shall be construed as permitting psychologists to prescribe drugs, perform surgery, or administer electroconvulsive therapy.
History: En. Sec. 14, Ch. 73, L. 1971; R.C.M. 1947, 66-3214(2).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 2. Board of Psychologists › 37-17-201. Meetings -- expenses of members -- attorney general as board attorney -- seal

37-17-201. Meetings -- expenses of members -- attorney general as board attorney -- seal.
(1) The board shall hold a regular annual meeting in which it shall select from its members a presiding officer and a secretary. Other regular meetings must be held at the times that the rules of the board provide. Special meetings may be held at times considered necessary or advisable by the presiding officer and the majority of its members or on the request of the governor. Reasonable notice of meetings must be given in the manner prescribed by the board. The department shall keep a record of the board's proceedings.
(2) Each board member must receive compensation and travel expenses as provided for in 37-1-133.
(3) The attorney general shall act as attorney for the board. The attorney general or a representative of the attorney general may sit as an ex officio member of the board in an advisory capacity only.
(4) The board shall adopt an official seal.
History: En. Sec. 5, Ch. 73, L. 1971; amd. Sec. 315, Ch. 350, L. 1974; amd. Sec. 12, Ch. 453, L. 1977; R.C.M. 1947, 66-3205(1), (2), (4), (5); amd. Sec. 21, Ch. 474, L. 1981; amd. Sec. 24, Ch. 492, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 2. Board of Psychologists › 37-17-202. Powers

37-17-202. Powers.
(1) The board may make reasonable and necessary rules for the proper performance of its duties and for the regulation of proceedings before it.
(2) In addition to the other powers and duties set forth, the board may:
(a) revoke and suspend licenses;
(b) conduct hearings upon complaints concerning persons licensed under this chapter;
(c) cause the prosecution and enjoinder of all persons violating this chapter, by the complaint of its secretary signed with the county attorney, in the county where the violation took place and incur necessary expenses for the prosecution; and
(d) study and review new developments in research, training, and the practice of psychology and make recommendations to the governor and other state officials regarding new and revised programs and legislation related to psychology which could be beneficial to the citizens of the state of Montana.
History: (1)En. Sec. 5, Ch. 73, L. 1971; amd. Sec. 315, Ch. 350, L. 1974; amd. Sec. 12, Ch. 453, L. 1977; Sec. 66-3205, R.C.M. 1947; (2)En. Sec. 7, Ch. 73, L. 1971; Sec. 66-3207, R.C.M. 1947; R.C.M. 1947, 66-3205(3), 66-3207; amd. Sec. 3, Ch. 671, L. 1991; amd. Sec. 62, Ch. 429, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-301. License required

37-17-301. License required.
A person may not represent to the public that the person is a psychologist or engage in the practice of psychology unless the person is licensed under this chapter.
History: En. Sec. 3, Ch. 73, L. 1971; amd. Sec. 313, Ch. 350, L. 1974; R.C.M. 1947, 66-3203(1); amd. Sec. 1380, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-302. Qualifications

37-17-302. Qualifications.
The board shall license as a psychologist any person who pays the prescribed fee, passes the prescribed examination, and submits evidence that the person:
(1) is 18 years of age or older;
(2) is of good moral character;
(3) (a) has received a doctoral degree in clinical psychology from an accredited college or university having an appropriate graduate program approved by the American psychological association;
(b) has received a doctoral degree in psychology from an accredited college or university not approved by the American psychological association and has successfully completed a formal graduate retraining program in clinical psychology approved by the American psychological association; or
(c) has received a doctoral degree in psychology from an accredited college or university and has completed a course of studies that meets minimum standards specified in rules by the board; and
(4) has completed at the time of application a minimum of 2 years of supervised experience in the practice of psychology. One year of this experience must be postdoctoral but may not include more than 6 months of supervised research, teaching, or a combination of both.
History: En. Sec. 8, Ch. 73, L. 1971; amd. Sec. 25, Ch. 94, L. 1973; amd. Sec. 317, Ch. 350, L. 1974; R.C.M. 1947, 66-3208(1), (2); amd. Sec. 3, Ch. 347, L. 1987; amd. Sec. 4, Ch. 671, L. 1991; amd. Sec. 1, Ch. 362, L. 1995; amd. Sec. 57, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-303. Repealed

37-17-303. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 6, Ch. 73, L. 1971; amd. Sec. 316, Ch. 350, L. 1974; R.C.M. 1947, 66-3206(1), (2); amd. Sec. 4, Ch. 347, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-304. Repealed

37-17-304. Repealed.
Sec. 3, Ch. 43, L. 2021.
History: En. Sec. 8, Ch. 73, L. 1971; amd. Sec. 25, Ch. 94, L. 1973; amd. Sec. 317, Ch. 350, L. 1974; R.C.M. 1947, 66-3208(3); amd. Sec. 58, Ch. 10, L. 1993; amd. Sec. 2, Ch. 362, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-305. Repealed

37-17-305. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 6, Ch. 73, L. 1971; amd. Sec. 316, Ch. 350, L. 1974; R.C.M. 1947, 66-3206(3).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-306. Repealed

37-17-306. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 6, Ch. 73, L. 1971; amd. Sec. 316, Ch. 350, L. 1974; R.C.M. 1947, 66-3206(4), (5); amd. Sec. 5, Ch. 671, L. 1991; amd. Sec. 63, Ch. 429, L. 1995; amd. Sec. 25, Ch. 492, L. 2001; amd. Sec. 24, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-307. Repealed

37-17-307. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 11, Ch. 73, L. 1971; amd. Sec. 1, Ch. 59, L. 1974; amd. Sec. 319, Ch. 350, L. 1971; R.C.M. 1947, 66-3211; amd. Sec. 43, Ch. 345, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 6, Ch. 671, L. 1991; amd. Sec. 64, Ch. 429, L. 1995; amd. Sec. 25, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-308. Repealed

37-17-308. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 6, Ch. 73, L. 1971; amd. Sec. 316, Ch. 350, L. 1974; R.C.M. 1947, 66-3206(6); amd. Sec. 3, Ch. 362, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-309. Foreign-trained applicants

37-17-309. Foreign-trained applicants.
The transcripts of a foreign-trained applicant for licensure as a psychologist must be evaluated by a board-approved agency that reviews credentials. Upon receipt of this evaluation, the board shall determine whether the number of academic credits awarded and academic areas studied meets equivalent educational standards for a doctoral degree in clinical psychology established by a graduate program approved by the American psychological association.
History: En. Sec. 4, Ch. 362, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-311. Repealed

37-17-311. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 9, Ch. 73, L. 1971; amd. Sec. 318, Ch. 350, L. 1974; R.C.M. 1947, 66-3209; amd. Sec. 7, Ch. 324, L. 1981; amd. Sec. 5, Ch. 347, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-312. Repealed

37-17-312. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 13, Ch. 73, L. 1971; R.C.M. 1947, 66-3213.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-313. Repealed

37-17-313. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 14, Ch. 73, L. 1971; R.C.M. 1947, 66-3214(1); amd. Sec. 1381, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-314. Immunity from liability

37-17-314. Immunity from liability.
There is no liability on the part of and no cause of action may arise against a psychologist for a statement made in good faith in reporting another psychologist's apparent violation of the provisions of this chapter or rules adopted by the board.
History: En. Sec. 7, Ch. 347, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-319. Licensure by experience

37-17-319. Licensure by experience.
The board shall license a person as a psychologist if the person pays the prescribed fees and submits evidence that the person:
(1) is 18 years of age or older;
(2) is of good moral character;
(3) has a doctoral degree described in 37-17-302;
(4) is licensed or certified as a psychologist in another jurisdiction that has a disciplinary process as part of its regulatory structure;
(5) has actively practiced psychology under a license or certification as described in subsection (4) for 5 of the 7 years immediately preceding application in the state;
(6) is not subject to pending criminal or administrative charges related to unprofessional conduct or impairment; and
(7) has not been administratively disciplined for unprofessional conduct or impairment in any jurisdiction within the 7 years immediately preceding application in the state.
History: En. Sec. 1, Ch. 43, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 3. Licensing › 37-17-320. Licensure of postdoctoral supervisees

37-17-320. Licensure of postdoctoral supervisees.
(1) (a) Except as provided in subsection (1)(b), if a person submits evidence that the person is engaged in a postdoctoral supervision program as part of a plan approved by the board and meets the qualifications of 37-17-302, the board shall license the person as a psychologist.
(b) A person licensed under this subsection (1) is not required to pass the prescribed exam and have 1 year of postdoctoral supervised experience as provided in 37-17-302(4).
(2) The person may only practice as described in the approved postdoctoral supervision plan.
(3) The license provided for in this section expires at the conclusion of the approved postdoctoral supervision program, unless the person meets all of the qualifications in 37-17-302.
History: En. Sec. 2, Ch. 43, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 4. Behavior Analysis › 37-17-401. Purpose

37-17-401. Purpose.
The legislature finds and declares that the practice of applied behavior analysis in Montana affects public health, safety, and welfare, particularly of some of the state's most vulnerable citizens, including individuals with disabilities. Therefore, licensure and regulation of applied behavior analysts is in the public interest to protect the public from unauthorized, unethical, unprofessional, or harmful conduct by individuals, other than those otherwise licensed or those exempt under 37-17-404.
History: En. Sec. 2, Ch. 425, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 4. Behavior Analysis › 37-17-402. Definitions

37-17-402. Definitions.
For the purposes of this part, the following definitions apply:
(1) "Assistant behavior analyst" means an individual licensed under 37-17-403 who has a qualifying bachelor's degree and has passed the board-certified assistant behavior analyst examination of the behavior analyst certification board.
(2) "Behavior analyst" means an applied behavior analyst who is licensed under 37-17-403 and has passed the board-certified behavior analyst examination of the behavior analyst certification board.
(3) "Behavior analyst certification board" means the nonprofit corporation whose credentialing programs for behavior analysts are accredited by the national commission for certifying agencies.
(4) "Board" means the board of psychologists provided for in 2-15-1741.
(5) (a) "Practice of applied behavior analysis" means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. The practice of applied behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. Applied behavior analysis links the scientific study of behavior with the direct observation and measurement of behavior and the environment plus the application of skills to help people develop new behaviors, increase or decrease existing behaviors, or adjust behaviors under specific environmental conditions.
(b) The term does not include psychological evaluation, diagnosis of a mental or physical disorder, neuropsychology, long-term counseling as a treatment modality, or psychotherapy, including cognitive therapy, sex therapy, psychoanalysis, or hypnotherapy.
History: En. Sec. 3, Ch. 425, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 4. Behavior Analysis › 37-17-403. License required -- qualifications

37-17-403. License required -- qualifications.
(1) An individual may not represent to the public that the individual is an assistant behavior analyst or a behavior analyst without a license issued under this section.
(2) The board shall license as a behavior analyst or an assistant behavior analyst an individual who:
(a) submits an application as determined by the board by rule;
(b) pays required applicant fees and subsequent renewal fees;
(c) submits a full set of the applicant's fingerprints to the board to facilitate a fingerprint-based criminal record background check by the Montana department of justice and the federal bureau of investigation. The board may not disseminate criminal history record information resulting from the background check across state lines.
(d) provides evidence of current certification at the appropriate level from the behavior analyst certification board;
(e) is of good moral character; and
(f) attests to abiding by professional and ethical requirements indicated in the Professional and Ethical Compliance Code for Behavior Analysts recognized by the behavior analyst certification board.
(3) To obtain a license as a behavior analyst, an individual must meet the requirements in subsection (2) and:
(a) have passed the board-certified behavior analyst examination by the behavior analyst certification board;
(b) be currently certified as a behavior analyst by the behavior analyst certification board; and
(c) have met the educational course work and requirements set by the board by rule.
(4) To obtain a license as an assistant behavior analyst, an individual must meet the requirements in subsection (2) and:
(a) have passed the board-certified assistant behavior analyst examination by the behavior analyst certification board;
(b) be currently certified as an assistant behavior analyst by the behavior analyst certification board; and
(c) have met the educational course work and requirements set by the board by rule.
History: En. Sec. 4, Ch. 425, L. 2017; amd. Sec. 3, Ch. 287, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 4. Behavior Analysis › 37-17-404. Exemptions

37-17-404. Exemptions.
(1) A license under this part is not required for school district personnel, including those who provide special education as defined in 20-7-401, family support specialists with autism endorsement, licensed psychologists and those acting under the psychologists' authority, licensed clinical professional counselors, licensed social workers, family members, or persons in direct contact with individuals otherwise served by behavior analysts or assistant behavior analysts licensed under this part.
(2) Organizational behavior management consultants and behavior analysts who work with animals do not require a license under this part for the practice of applied behavior analysis for working with organizations or animals.
(3) A student in an approved postsecondary program for behavior analysis may be exempted from having a license if the student, including a student intern, is working under the supervision of appropriate university faculty in the conduct of behavior analytic activities.
(4) A behavior technician who is supervised by a behavior analyst licensed under this part is exempted from having a license under this part.
(5) An individual described in subsection (1), (2), (3), or (4) may choose to apply for licensure by meeting the requirements in 37-17-403.
History: En. Sec. 5, Ch. 425, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 4. Behavior Analysis › 37-17-405. Autonomy -- supervision authority

37-17-405. Autonomy -- supervision authority.
(1) A behavior analyst licensed under this part has treatment authority for the practice of applied behavior analysis.
(2) An assistant behavior analyst or a behavior technician when engaged in the practice of applied behavior analysis must be supervised by:
(a) a behavior analyst licensed under this part; or
(b) a licensed psychologist certified by the American board of professional psychology in behavioral and cognitive psychology.
History: En. Sec. 6, Ch. 425, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 17. Psychologists › Part 4. Behavior Analysis › 37-17-406. Rulemaking

37-17-406. Rulemaking.
(1) The board may adopt rules to implement this part plus the requirements in Title 37, chapters 1 through 3, as they apply to disciplinary action, unprofessional conduct, continuing education, implementation and costs of criminal background checks, or recognizing commensurate military experience as a qualification in licensure.
(2) The board shall adopt license fees for behavior analysts and assistant behavior analysts that adequately fund the costs of implementing this part.
History: En. Sec. 7, Ch. 425, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 1. General › 37-18-101. Definitions

37-18-101. Definitions.
Unless the context requires otherwise, in this chapter the following definitions apply:
(1) "Board" means the board of veterinary medicine provided for in 2-15-1742.
(2) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.
(3) "Direct supervision" means direction on an animal patient's care provided by a veterinarian licensed under this chapter who is on the premises and readily available to take over direct care or to consult on animal care directly with a licensed veterinary technician.
(4) "Emergency" means a life-threatening condition in which immediate treatment is necessary to sustain life or, if death is imminent, to relieve pain and suffering.
(5) "Immediate supervision" means direction on an animal patient's care provided by a veterinarian licensed under this chapter who is within direct eyesight and hearing range of a licensed veterinary technician.
(6) "Indirect supervision" means direction on an animal patient's care provided by a veterinarian licensed under this chapter who is not on the premises but is available to perform the duties of a licensed veterinarian by maintaining direct communication with a licensed veterinary technician and who is in compliance with 37-18-309.
History: En. 66-2201.1 by Sec. 205, Ch. 350, L. 1974; R.C.M. 1947, 66-2201.1; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 2, Ch. 43, L. 1985; amd. Sec. 127, Ch. 483, L. 2001; amd. Sec. 6, Ch. 392, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 1. General › 37-18-103. Repealed

37-18-103. Repealed.
Sec. 7, Ch. 96, L. 1981.
History: En. 66-2213 by Sec. 1, Ch. 135, L. 1975; R.C.M. 1947, 66-2213(2).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 2. Board of Veterinary Medicine › 37-18-201. Organization -- meetings

37-18-201. Organization -- meetings.
(1) A board member must receive a certificate of appointment from the governor.
(2) The board shall annually elect from its members a president, vice president, and secretary-treasurer and shall hold at least two regular meetings each year. If a member of the board, without cause, is absent from two consecutive regular meetings, that member's position on the board is vacated.
History: En. Sec. 2, Ch. 82, L. 1913; re-en. Sec. 3218, R.C.M. 1921; re-en. Sec. 3218, R.C.M. 1935; amd. Sec. 2, Ch. 90, L. 1955; amd. Sec. 206, Ch. 350, L. 1974; amd. Sec. 5, Ch. 135, L. 1975; R.C.M. 1947, 66-2202(1), (2); amd. Sec. 26, Ch. 492, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 2. Board of Veterinary Medicine › 37-18-202. Rulemaking

37-18-202. Rulemaking.
The board may adopt rules necessary to carry out the purposes of this chapter.
History: En. Sec. 2, Ch. 82, L. 1913; re-en. Sec. 3218, R.C.M. 1921; re-en. Sec. 3218, R.C.M. 1935; amd. Sec. 2, Ch. 90, L. 1955; amd. Sec. 206, Ch. 350, L. 1974; amd. Sec. 5, Ch. 135, L. 1975; R.C.M. 1947, 66-2202(3), (4); amd. Sec. 3, Ch. 96, L. 1981; amd. Sec. 3, Ch. 650, L. 1989; amd. Sec. 65, Ch. 429, L. 1995; amd. Sec. 2, Ch. 75, L. 1997; amd. Sec. 58, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 2. Board of Veterinary Medicine › 37-18-203. Repealed

37-18-203. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 3, Ch. 82, L. 1913; re-en. Sec. 3219, R.C.M. 1921; re-en. Sec. 3219, R.C.M. 1935; amd. Sec. 3, Ch. 90, L. 1955; amd. Sec. 126, Ch. 147, L. 1963; amd. Sec. 27, Ch. 177, L. 1965; amd. Sec. 26, Ch. 93, L. 1969; amd. Sec. 207, Ch. 350, L. 1974; amd. Sec. 38, Ch. 439, L. 1975; amd. Sec. 3, Ch. 531, L. 1977; R.C.M. 1947, 66-2203(1), (2); amd. Sec. 22, Ch. 474, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 18. Veterinary Medicine › Part 3. Licensing -- Veterinary Medicine › 37-18-301. License required

37-18-301. License required.
A person may not practice veterinary medicine or veterinary surgery in this state unless licensed and registered as required by this chapter, nor may a person practice veterinary medicine or surgery whose authority to practice is suspended or revoked by the board.
History: En. Sec. 9, Ch. 82, L. 1913; re-en. Sec. 3225, R.C.M. 1921; re-en. Sec. 3225, R.C.M. 1935; amd. Sec. 7, Ch. 90, L. 1955; amd. Sec. 1, Ch. 191, L. 1965; amd. Sec. 211, Ch. 350, L. 1974; amd. Sec. 7, Ch. 135, L. 1975; R.C.M. 1947, 66-2209(2).