reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.15 - NEW › Rule 24.40.1501 - CHARGING BENEFIT PAYMENTS TO EXPERIENCE-RATED EMPLOYERS-CHARGEABLE EMPLOYERS

Current through Register Vol. 13, July 5, 2024
(1) If more than
				one separation of employment exists from the same base period employer, charges
				or relief of charges will be based on the reason for the most recent separation
				of employment occurring prior to the effective date of the claim. Any
				separation of employment occurring after the effective date of a claim will not
				result in relief of charges on that claim, but may on a subsequent claim, if
				the reason for separation of employment allows relief of charge.
(2) A claimant does not have reduced hours or
				wages if:
(a) hours of available work at the
				time of initial claim and at the date of hire are the same;
(b) the claimant was employed part time and
				there is not at least a 10 percent reduction in wages or hours in the four week
				period following the date of claim.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.15 - NEW › Rule 24.40.1503 - EXPERIENCE-RATED EMPLOYERS

Current through Register Vol. 13, July 5, 2024
(1) On or before
				April 1 of each year, the department sends rate notices to employers.
(2) Eligible employers and deficit
				employers who do not have delinquent accounts are sent a rate notice with the
				information used to calculate the applicable contribution rate.
(3) New employers who do not have delinquent
				accounts are sent a rate notice with the tax rates for the current
				year.
(4) If all past due reports,
				taxes, penalties and interest are satisfied within 30 days of the sending of
				the rate notice, the employer's deficit, eligible, or new computed contribution
				rate is reinstated. The department will send the employer a revised
				contribution rate notice.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-301,
					 39-51-404,
					 39-51-1103,
					 39-51-1121,
					 39-51-1123,
					 39-51-1213,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.15 - NEW › Rule 24.40.1505 - EMPLOYER REPORTING - SICK LEAVE OR ACCIDENT DISABILITY PAYMENTS AS WAGES

Current through Register Vol. 13, July 5, 2024
(1) If the employer paid the premium for sick
				leave or accident disability insurance, any payments made to an employee under
				that insurance coverage are reportable as wages by the employer. The payments
				are reportable as wages for six months after the last calendar month in which
				the employee worked for such employer.
(2) The insurance company, or other third
				party, that made sick leave or accident disability payments to the employee
				assumes responsibility for reporting the wages to the department if the third
				party fails to give the following information to the employer within 15 days of
				the end of the calendar quarter in which the sick leave or accident disability
				payments were made to the employee:
(a) name
				and social security number of the employee who received the payments;
				and
(b) total amount of the
				payments.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.15 - NEW › Rule 24.40.1509 - RATES FOR NEW EMPLOYERS

Current through Register Vol. 13, July 5, 2024
(1) Rates for new
				employers are based on North American Industry Classification System (NAICS)
				codes which are assigned to nine major industrial classification rate
				divisions, plus a nonclassifiable establishment division for employer accounts
				whose industrial class cannot be determined.
(2) A professional employer organization
				(PEO) licensed under Title 39, chapter 8, MCA, for the first calendar year of
				subjectivity is assigned the nonclassifiable rate for new employers.
				Thereafter, unless the PEO is experience-rated, the PEO is assigned a rate as a
				new employer in the industry in which the majority of employees are placed for
				the PEO's clients.
(a) The PEO must provide
				the department with the quarterly report and a list of employees showing which
				employees were assigned to which client. If the list is not provided, the PEO
				will be assigned the nonclassifiable rate for new employers for the following
				year.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.15 - NEW › Rule 24.40.1511 - EXPERIENCE-RATING RECORD TRANSFER

Current through Register Vol. 13, July 5, 2024
(1)
				Substantially common ownership, management, or control is present when a person
				serves in any of the following positions for both the predecessor and
				successor:
(a) sole proprietor (includes
				spouse, children, and parents of sole proprietor);
(b) partner of a partnership;
(c) member of a limited liability
				company;
(d) chief executive
				officer;
(e) chief financial
				officer;
(f) any corporate
				officer;
(g) any shareholder
				owning, directly or indirectly, more than 50 percent of a corporation's stock;
				or
(h) board members.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.15 - NEW › Rule 24.40.1513 - REACTIVATED EMPLOYER RATES

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall reactivate the unemployment insurance account of an employer who begins
				employing employees within five years from the last date of employment. The
				department shall assign the employer a contributions rate by taking into
				account the employer's prior experience rated record.
(a) The department shall assign the lowest
				deficit contribution rate in effect for the current rate year to a deficit
				employer who has reported no wages during the three federal fiscal years
				immediately prior to the rate computation date.
(b) The department shall assign the new
				employer contribution rate in effect for the current rate year based on the
				employer's industrial classification to an eligible employer who has reported
				no wages in the three federal fiscal years immediately prior to the rate
				computation date.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.15 - NEW › Rule 24.40.1517 - STATE AND LOCAL GOVERNMENT EXPERIENCE RATING

Current through Register Vol. 13, July 5, 2024
(1) A
				governmental entity that does not elect to reimburse the trust fund is assigned
				an experience rate based on
				39-51-1212, MCA.
(2) For wages paid through June 30, 2008:
(a) Governmental entities are assessed for
				purposes of
				39-51-404, MCA, at the rate of.05
				percent of total quarterly wages.
(b) The following is the rate schedule used
				for governmental entities.
RATE FOR GOVERNMENTAL
				  ENTITIES
EXPERIENCE RATING SYSTEM
Individual Employer's Benefit Cost
*Median Benefit Cost
								Ratio
Ratio
.3
.4
.5
.6
.7
.8
.9
1.0
1.1
1.2
1.3
1.4
1.5
.1 or less
.1
.1
.2
.3
.4
.5
.6
.7
.8
.9
1.1
1.3
1.5
.2
.1
.1
.2
.3
.4
.5
.6
.7
.8
.9
1.1
1.3
1.5
.3
.1
.2
.3
.4
.5
.6
.7
.8
.9
1.0
1.1
1.3
1.5
.4
.2
.2
.3
.4
.5
.6
.7
.8
. 9
1.0
1.2
1.3
1.5
.5
.2
.3
.4
.5
.6
.7
.8
.9
1.0
1.1
1.2
1.4
1.5
.6
.2
.3
.4
.5
.6
.7
.8
.9
1.0
1.1
1.3
1.4
1.5
.7
.3
.4
.5
.6
.7
.8
.9
1.0
1.1
1.2
1.3
1.4
1.5
.8
.3
.4
.5
.6
.7
.8
.9
1.0
1.1
1.2
1.3
1.4
1.5
.9
.3
.4
.5
.6
.7
.8
.9
1.0
1.1
1.2
1.3
1.4
1.5
1.0
.4
.5
.6
.7
.8
.9
1.0
1.1
1.2
1.3
1.3
1.4
1.5
1.1
.4
.5
.6
.7
.8
.9
1.0
1.1
1.2
1.3
1.4
1.4
1.5
1.2
.4
.6
.7
.8
.9
1.0
1.1
1.2
1.3
1.4
1.4
1.5
1.5
1.3
.5
.6
.7
.8
.9
1.0
1.1
1.2
1.3
1.4
1.4
1.5
1.5
1.4
.5
.7
.8
.9
1.0
1.1
1.2
1.3
1.4
1.5
1.5
1.5
1.5
1.5
.5
.7
.8
.9
1.0
1.1
1.2
1.3
1.4
1.5
1.5
1.5
1.5
*Total benefits charged to all governmental entities for all
				  past periods divided by total wages paid by all governmental entities for all
				  past periods. This percentage is used as a median rate. The column headed by
				  that percent is used when the past experience computes to that
				  figure.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.16 - NEW › Rule 24.40.1601 - POSTING NOTICE TO EMPLOYEES

Current through Register Vol. 13, July 5, 2024
(1) Every employer
				must post and maintain a printed notice provided by the department showing that
				the employer is subject to Montana unemployment insurance law and has been
				registered by the department. This notice must be posted in a conspicuous place
				near the locations where services are performed. If employees do not work in a
				central location, the employer shall annually disseminate the notice to all
				affected employees by mail or electronic means consistent with typical business
				practices for disseminating information to employees.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-1101,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.16 - NEW › Rule 24.40.1603 - RECORDS TO BE KEPT BY EMPLOYER

Current through Register Vol. 13, July 5, 2024
(1) Employers must
				keep employment and payroll records for each employee for five years.
(2) For each pay period, those
				records must show:
(a) the beginning and
				ending dates;
(b) the total wages
				for employment in such pay period; and
(c) the number and date of weeks in which
				there were one or more employees.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.16 - NEW › Rule 24.40.1605 - REPORTING OF WAGES IN EXCESS OF TAXABLE WAGE BASE FOR CERTAIN EMPLOYERS

Current through Register Vol. 13, July 5, 2024
(1) The provisions of this rule apply only to
				those employers which:
(a) are not
				governmental entities; and
(b) are
				classified as experience rated pursuant to
				39-51-1217, MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.16 - NEW › Rule 24.40.1609 - DUE DATE OF TAXES AND QUARTERLY REPORTS BY EMPLOYERS

Current through Register Vol. 13, July 5, 2024
(1) Every employer must report employee wage
				information and pay taxes on those wages to the department each quarter. The
				department may request any information from the employer necessary for the
				collection of the tax.
(2) An
				employer who does not pay any wages during a calendar quarter is not relieved
				of the duty to submit a quarterly wage report.
(3) Wages become subject to tax when they are
				actually or constructively paid. Wages must be reported in the calendar quarter
				they are actually or constructively paid. Wages are constructively paid if they
				are credited to the employee's account and set apart for an employee so they
				may be withdrawn at the employee's discretion.
(4) The quarterly wage reports and tax
				payments must be sent to the department by the following due dates:
Quarter
Months Covered
Due Date
First:
January, February, March
April 30
Second:
April, May, June
July 31
Third:
July, August, September
October 31
Fourth:
October, November, December
January 31
(5)
				If a due date falls on a weekend or holiday, the next business day becomes the
				due date.
(6) If a tax payment or
				quarterly report is sent after the due date, the department may assess a
				penalty and interest.
(7) All
				employers and third-party agents must report quarterly wage information in an
				electronic format approved by the department.
The department may deem quarterly wage reports filed by
				  paper or in any other format not approved by the department as untimely and
				  subject the employer to a late filing penalty, pursuant to
				  39-51-1301, MCA.
(8) A tax payment may be made by:
(a) cash, check, or money order, accompanied
				by a department-approved payment voucher;
(b) automated clearing house (ACH)
				debit;
(c) ACH credit; or
(d) credit card.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.16 - NEW › Rule 24.40.1611 - DUE DATE AND APPLICATION OF TAXES

Current through Register Vol. 13, July 5, 2024
(1) Payments are
				applied to unemployment insurance liabilities as provided in the following
				order unless bankruptcy proceedings or the department have determined
				otherwise:
(a) contributions;
(b) special administrative assessment under
				39-51-404(3),
				MCA;
(c) special administrative
				assessment under
				39-51-404(5),
				MCA;
(d) penalties assessed under
				39-51-1301, MCA, for failure to
				file reports or make payments in a timely manner;
(e) interest; and then
(f) miscellaneous penalties.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.101 - BUSINESS STANDARDS DIVISION › Subchapter 24.101.3 - General Provisions › Rule 24.101.301 - ABATEMENT OF RENEWAL FEES

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				17-2-302,
				MCA, state programs that charge a fee for services are generally not permitted
				to let their cash balance exceed twice the program's annual appropriation.
				However, despite the best projections of a program, there may be times when
				cash balances exceed the amount authorized by statute. This rule is intended to
				provide a process for a program that needs to reduce its cash balance with a
				standard methodology to do so, in fair and equitable manner. This rule provides
				for an abatement of certain fees when the cash balance is excessive.
(2) Except as provided by (3), a program that
				has an excessive cash balance may abate the renewal fees for the program's
				licensees or registrants for one or more renewal cycles until the program's
				cash balance does not exceed the allowable maximum.
(a) The abatement of renewal fees may be the
				total amount of the renewal fee, or only a specified portion of the renewal
				fee.
(b) If a program has more than
				one category of renewals, the abatement must be made on a roughly proportional
				basis to fairly, equitably, reasonably and economically distribute the
				abatement among the program's licensees or registrants. The program may, for
				good cause, completely abate the renewal fee for certain classes of licensees
				or registrants and not for other classes, if the administrative cost of
				processing a reduced renewal fee for all classes is disproportionately high. In
				such a case, the program must attempt in any future abatements to equitably
				treat those classes of renewals which have borne a relatively higher proportion
				of renewal fees.
(c) The fact that
				the renewal fee is abated for any given renewal cycle does not excuse the
				licensee or registrant from otherwise fulfilling the renewal requirements,
				including submission of a renewal application and/or continuing education
				documentation. A program, to the extent it so provides by rule, may impose a
				late fee on untimely submissions of renewal applications or other required
				documentation.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.101 - BUSINESS STANDARDS DIVISION › Subchapter 24.101.4 - Standardized Rules for Boards and Programs › Rule 24.101.401 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this subchapter is to
				standardize similar functions and processes within the division and
				administratively attached boards, including, but not limited to:
(a) setting standardized fees;
(b) standardizing forms;
(c) eliminating the need for a licensing
				board to issue routine licenses; and
(d) setting uniform standards for license
				renewal.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.101 - BUSINESS STANDARDS DIVISION › Subchapter 24.101.4 - Standardized Rules for Boards and Programs › Rule 24.101.402 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in conjunction with Title 37, MCA, the following
				  definitions apply:
(1) "Active
				status" means a license status that affords a licensee the rights and
				privileges to practice while complying with requirements as set by the
				licensing board or program.
(2)
				"Administrative fee" means a fee established by the department to cover the
				cost of administrative services as provided for in
				37-1-134, MCA.
(3) "Department" means the
				Department of Labor and Industry.
(4) "Disciplinary action" means the procedure
				by which unprofessional conduct is addressed by the board or program pursuant
				to the contested case hearing provisions of the Montana Administrative
				Procedure Act (MAPA).
(5)
				"Division" means the Business Standards Division of the Department of Labor and
				Industry.
(6) "Expired license"
				means a license not renewed within 45 days to two years after the renewal date.
				An expired license may be reactivated within these two years.
(7) "Inactive status" means a license status
				that does not authorize the licensee to practice, nor engage in activities
				requiring a license at any time during the period of inactive status. An
				inactive status license must be renewed as prescribed by the licensing board or
				program.
(8) "Lapsed license"
				means a license not renewed by the license renewal date. A lapsed license may
				be reactivated within 45 days following the license renewal date.
(9) "Late penalty fee" means the fee that a
				licensee must pay when renewing a license after the renewal date.
(a) The department may assess late penalty
				fees for each renewal period in which a license is not renewed.
(b) Late penalty fees need not be
				commensurate with costs.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.101 - BUSINESS STANDARDS DIVISION › Subchapter 24.101.4 - Standardized Rules for Boards and Programs › Rule 24.101.403 - FEES

Current through Register Vol. 13, July 5, 2024
(1) Standardized fees, in addition to those
				fees charged by a specific licensing entity are as follows:
(a) duplicate license $ 5
(b) licensee lists or rosters 20
(c) photocopies per page (in excess of 20
				pages).25
(d) certified copies per
				page (in excess of ten pages).50
(e) license history 20
(f) duplicate wall certificate 20
(g) returned check fee, including but not
				limited to, checks issued with nonsufficient funds, stop payment requests, or
				missing signatures 30
(h) license
				verification 20
(i) the license
				verification fee is waived for any licensing entity with a signed reciprocal
				agreement with another licensing entity and the licensing entities have agreed
				that no fees are to be charged;
(i) status change fee from inactive to active
				during the licensure period is the difference between the cost of an inactive
				license and an active license renewal fee;
(j) renewal fee for a suspended license is 50
				percent of the renewal fee; and
(k)
				renewal fee for a probationary license is the same as the renewal
				fee.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.101 - BUSINESS STANDARDS DIVISION › Subchapter 24.101.4 - Standardized Rules for Boards and Programs › Rule 24.101.404 - POSTING DISCIPLINARY ORDERS ON LICENSEE LOOKUP DATABASE

Current through Register Vol. 13, July 5, 2024
(1) Unless the exceptions in (2) and (3) are
				applicable, any final order imposing a sanction against a professional or
				occupational license holder that is based on competence to practice issues or
				based on an allegation that generally or specifically is a violation of law or
				regulation, is a "disciplinary action" that must be published and noted on the
				licensee lookup.
(2) If a final
				order is based only upon a failure to file or complete in a timely manner a
				minor administrative requirement that is in rule or law, the order affecting
				the licensee is not a "disciplinary action" for the purposes of publication and
				notice on the licensee lookup.
(3)
				A final order of license denial based solely upon an applicant's failure to
				meet minimum licensure qualifications and not based on competence to practice
				issues or involving the applicant's past disciplinary or legal actions is not a
				"disciplinary action" for the purposes of publication and notice on the
				licensee lookup.
37-1-101,
					 MCA; IMP,
					 37-1-311,
					 37-1-405,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.101 - BUSINESS STANDARDS DIVISION › Subchapter 24.101.4 - Standardized Rules for Boards and Programs › Rule 24.101.406 - APPLICANTS WITH CRIMINAL CONVICTIONS

Current through Register Vol. 13, July 5, 2024
(1) The following criteria shall apply to
				determine whether an applicant's criminal conviction is related to the public
				health, welfare, and safety as it applies to the occupation:
(a) whether the occupation would offer the
				opportunity for the commission of the offense or similar offense;
(b) the vulnerability of the population
				served by the occupation to become victims of the offense or similar
				offense;
(c) the facts and
				circumstances of the conduct surrounding the offense; or
(d) other reasonable demonstration of
				relatedness.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.101 - BUSINESS STANDARDS DIVISION › Subchapter 24.101.4 - Standardized Rules for Boards and Programs › Rule 24.101.407 - LICENSING

Current through Register Vol. 13, July 5, 2024
(1) The department will issue all licenses to
				those routine applicants who meet the licensing requirements and pay the
				required fees.
(2) The department
				will issue all licenses as directed by the governing board to those nonroutine
				applicants who meet the licensing requirements and pay the required fees. A
				nonroutine applicant may be asked to appear before the board prior to the final
				board decision regarding the granting of a nonroutine license.
37-1-101,
					 MCA; IMP,
					 37-1-101,
					 37-1-130,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.101 - BUSINESS STANDARDS DIVISION › Subchapter 24.101.4 - Standardized Rules for Boards and Programs › Rule 24.101.408 - RENEWED, LAPSED, EXPIRED, OR TERMINATED LICENSES

Current through Register Vol. 13, July 5, 2024
(1) All licenses must be renewed on or before
				the renewal date as listed in, and in accordance with ARM
				24.101.413. Late renewals must be
				accompanied by the fees as specified in ARM
				24.101.403 and any other
				information required as if the renewal were submitted prior to the renewal
				date.
(a) A suspended license must be renewed
				in accordance with ARM
				24.101.413 or the license will
				proceed to expire or terminate.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.101 - BUSINESS STANDARDS DIVISION › Subchapter 24.101.4 - Standardized Rules for Boards and Programs › Rule 24.101.413 - RENEWAL DATES AND REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) An
				existing license ends on the renewal date specified for each profession and
				occupation listed and must be renewed on or before this date, or the license
				will lapse, expire, and terminate per
				37-1-141, MCA.
(2) If a timely and sufficient application is
				submitted before the renewal date, the applicant's continued practice is
				governed under
				2-4-631, MCA. A timely and
				sufficient application must be:
(a)
				completed;
(b) accompanied by other
				required information or documentation as applicable;
(c) accompanied by the appropriate fee;
				and
(d) submitted so that it bears
				a U.S. Postal Service post mark prior to or on the renewal date for the
				applicable profession; or
(e)
				submitted by using the online renewal service available on the department's
				website before 11:59 p.m. Mountain time on the renewal
				date.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.101 - BUSINESS STANDARDS DIVISION › Subchapter 24.101.4 - Standardized Rules for Boards and Programs › Rule 24.101.414 - RENEWAL NOTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall send renewal notices to all licensees. Renewal notices shall
				be sent to the last known address in the division's records. It is the
				responsibility of the licensee to keep the division timely informed of the
				licensee's current mailing address. Failure to receive notice for renewal in no
				way releases the licensee from the obligation to renew in a timely manner, and
				shall not constitute a defense to practicing without a license.
37-1-101,
					 37-1-141,
					 MCA; IMP,
					 37-1-101,
					 37-1-130,
					 37-1-141,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.101 - BUSINESS STANDARDS DIVISION › Subchapter 24.101.4 - Standardized Rules for Boards and Programs › Rule 24.101.417 - REGISTRATION FOR OUT-OF-STATE VOLUNTEER PROFESSIONALS

Current through Register Vol. 13, July 5, 2024
(1) As provided in
				10-3-118,
				MCA, a volunteer professional may practice in Montana when a state of emergency
				or disaster, as defined in
				10-3-103,
				MCA, is in effect.
(2) A volunteer
				professional may accept remuneration for services provided during a state of
				emergency or disaster as a volunteer professional.
(3) A professional volunteer shall
				successfully register with the appropriate licensing agency in Montana. To
				register, a volunteer professional shall hold an active, unrestricted license
				in another state.
(4) An applicant
				for registration shall submit a completed, signed department registration
				application form, to include the:
(a)
				applicant's full name;
(b)
				applicant's complete mailing address;
(c) applicant's e-mail address;
(d) applicant's correct social security
				number;
(e) applicant's birth
				date;
(f) title and type of each
				professional license currently held;
(g) state or states in which the applicant
				holds a professional license;
(h)
				an affirmation that the applicant currently holds an active, unrestricted
				license in another state(s); and
(i) an affirmation that the statements
				contained in the form are true and accurate to the best of the applicant's
				knowledge.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.1 - Organizational Rules › Rule 24.111.101 - BOARD ORGANIZATION

Current through Register Vol. 13, July 5, 2024
(1) The
				Alternative Health Care Board adopts and incorporates the organizational rules
				of the Department of Labor and Industry as listed in chapter 1 of this
				title.
AUTH:
					 2-4-201, MCA IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.2 - Procedural Rules › Rule 24.111.201 - PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The Alternative
				Health Care Board adopts and incorporates the procedural rules of the
				Department of Labor and Industry as listed in chapter 2 of this
				title.
AUTH:
					 2-4-201, MCA IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.2 - Procedural Rules › Rule 24.111.202 - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) The
				Alternative Health Care Board adopts and incorporates the public participation
				rules of the Department of Labor and Industry as listed in chapter 2 of this
				title.
AUTH:
					 2-3-103, MCA IMP:
					 2-3-103,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.3 - Definitions › Rule 24.111.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Continuous care" as defined in
				37-27-103,
				MCA, includes at least five prenatal visits spanning two trimesters, the birth,
				newborn exam, and two postpartum visits.
(2) "Direct supervision" means the physical
				presence of the licensed supervisor. Direct supervision is required for level
				I, II and III-A apprentices.
(3)
				"Grand multiparity" means a woman who is in her sixth or greater full term
				pregnancy.
(4) "Home birth" means
				an anticipated or actual birth whereby the woman in labor is advised, attended,
				and assisted by a licensed direct-entry midwife or a Level III-B apprentice
				direct-entry midwife.
(5)
				"Indirect supervision" means the immediate availability of the licensed
				supervisor by telephone.
(6) "MEAC"
				means the Midwifery Education Accreditation Council.
(7) "Morbidity" means a pathological
				condition of the mother and/or baby that presents with symptoms peculiar to
				what is within normal limits during the prenatal, intrapartum and postpartum
				periods which requires transfer of care to a physician, transport to a hospital
				and/or emergency measures. This, or client refusal to refer to transfer care,
				shall be reported to the board within 72 hours, on a form prescribed by the
				board.
(8) "NARM" means the North
				American Registry of Midwives.
(9)
				"Personal supervision" means either direct or indirect supervision as required
				for direct-entry midwife apprenticeships.
(10) "Primary birth attendant" means the
				person responsible for providing primary care to a woman in labor.
AUTH:
					 37-1-131,
					 37-27-105,
					 MCA IMP:
					 37-1-131,
					 37-26-304,
					 37-27-103,
					 37-27-201,
					 37-27-205,
					 37-27-320,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.4 - General Provisions › Rule 24.111.401 - FEES

Current through Register Vol. 13, July 5, 2024
(1) Fees are payable to the Alternative
				Health Care Board and are nonrefundable.
(2) Fees for naturopaths are:
(a) license application $300
(b) original license 200
(c) license renewal 240
(d) specialty certificate 100
(e) specialty certificate renewal
				25
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.4 - General Provisions › Rule 24.111.402 - MANAGEMENT OF INFECTIOUS WASTE

Current through Register Vol. 13, July 5, 2024
(1) Each
				licensee licensed by the board shall store, transport off the premises, treat,
				and dispose of infectious waste, as defined in
				75-10-1003, MCA, in accordance
				with the requirements of Title 75, chapter 10, part 10, MCA, and rules adopted
				by the Department of Environmental Quality pursuant thereto.
AUTH:
					 37-13-201,
					 37-26-201,
					 37-27-105,
					 75-10-1006, MCA; IMP:
					 75-10-1006,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.4 - General Provisions › Rule 24.111.403 - FEE ABATEMENT

Current through Register Vol. 13, July 5, 2024
(1) The Alternative
				Health Care Board adopts and incorporates by reference the fee abatement rule
				of the Department of Labor and Industry found at ARM
				24.101.301.
AUTH:
					 37-1-101,
					 37-13-201,
					 37-26-201,
					 37-27-105, MCA; IMP:
					 17-2-302,
					 17-2-303,
					 37-1-134,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.4 - General Provisions › Rule 24.111.407 - NONROUTINE APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) For the
				purpose of processing nonroutine applications, the board incorporates the
				definitions of routine and nonroutine at ARM
				24.101.402 by reference.
(2) Nonroutine applications must be reviewed
				and approved by the board before a license may be issued.
AUTH:
					 37-1-131, MCA IMP:
					 37-1-101,
					 37-1-131, MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.4 - General Provisions › Rule 24.111.408 - APPLICANTS WITH CRIMINAL CONVICTIONS

Current through Register Vol. 13, July 5, 2024
(1) The board incorporates ARM
				24.101.406 by reference with no
				modifications.
AUTH:
					 37-1-131, MCA IMP:
					 37-1-101,
					 37-1-131, MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.4 - General Provisions › Rule 24.111.409 - INACTIVE STATUS

Current through Register Vol. 13, July 5, 2024
(1) While on
				inactive status, a licensee is prohibited from practicing under that
				license.
(2) To place a license on
				inactive status, a licensee shall, during the renewal period:
(a) submit a written request to the
				board;
(b) return the licensee's
				wall certificate and current license to the board office; and
(c) pay the appropriate inactive status
				fee.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.4 - General Provisions › Rule 24.111.412

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-13-201, MCA; IMP:
					 37-13-103,
					 37-13-302,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.4 - General Provisions › Rule 24.111.415 - APPLICATION FOR LICENSURE

Current through Register Vol. 13, July 5, 2024
(1) Each
				application for licensure from the board must include:
(a) a completed application form;
(b) the initial license fee; and
(c) verification of applicable educational
				requirements.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.5 - Licensing and Scope of Practice - Naturopathic Physicians › Rule 24.111.502 - LICENSING BY EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1) Each
				application for licensure must include:
(a) a
				completed application form;
(b)
				initial application fee;
(c)
				verification of the applicable education requirements; and
(d) proof of successful passage of the
				Naturopathic Physician Licensing Examination (NPLEX) as provided in
				(2).
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.5 - Licensing and Scope of Practice - Naturopathic Physicians › Rule 24.111.503 - LICENSING OF APPLICANTS BY ENDORSEMENT

Current through Register Vol. 13, July 5, 2024
(1) A license to practice as a naturopathic
				physician in the state of Montana may be issued without examination to an
				applicant who:
(a) has submitted a completed
				application and correct fee; and
(b) holds a current unencumbered license to
				practice as a naturopathic physician in another state or jurisdiction whose
				laws and rules are substantially equivalent to Montana's. Applicants from
				another jurisdiction who have not passed the Naturopathic Physician Licensing
				Examination (NPLEX) Part II - Clinical Elective Pharmacology Examination will
				be required to do so prior to licensure.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.5 - Licensing and Scope of Practice - Naturopathic Physicians › Rule 24.111.510 - CERTIFICATION FOR SPECIALTY PRACTICE OF NATUROPATHIC CHILDBIRTH ATTENDANCE

Current through Register Vol. 13, July 5, 2024
(1) A naturopathic physician licensed in
				Montana, or an applicant for a Montana naturopathic physician license, who
				wishes to practice natural childbirth must apply to and receive from the board,
				a certificate of specialty practice in naturopathic childbirth attendance. To
				receive and maintain a certificate, the applicant must fulfill the following
				requirements:
(a) submit an application for
				the specialty certificate on a form furnished by the board together with the
				correct fee;
(b) provide an
				official transcript from an approved naturopathic medical college or hospital
				or a signed supervisor document showing completion of at least 100 clock hours
				(where 12 clock hours equal one quarter credit or equivalent semester credit)
				of academic coursework, internship, or preceptorship in obstetrics at an
				approved naturopathic medical college or hospital;
(c) provide a signed log of natural
				childbirths which contains:
(i) each baby's
				name;
(ii) date of
				birth;
(iii) county and state of
				birth;
(iv) name and natural
				childbirth credentials of supervising physician; and
(v) name of the primary birth attendant
				showing that the following experience was obtained under the direct supervision
				of a licensed naturopathic, medical, or osteopathic physician with specialty
				training in obstetrics and/or natural childbirth:
(A) the applicant has taken part in the care
				of 50 women in both the prenatal and postnatal periods; and
(B) the applicant has observed and assisted
				with the intrapartum care and delivery in 50 natural childbirths in a hospital
				or alternative birth setting, including 25 births that document the applicant
				as the primary birth attendant. Of the 25 births for which the applicant was
				the primary birth attendant, three of the births must have occurred within the
				two years immediately preceding the submission of the application and in at
				least one of those three births, the applicant must have provided continuous
				care.
(d)
				provide proof of having passed a specialty examination in obstetrics approved
				by the board, or the American College of Naturopathic Obstetrics' (ACNO)
				obstetrics specialty examination, or the Naturopathic Physician Licensing
				Examination's (NPLEX) obstetrics specialty examination.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.5 - Licensing and Scope of Practice - Naturopathic Physicians › Rule 24.111.511 - NATUROPATHIC PHYSICIAN FORMULARY LIST

Current through Register Vol. 13, July 5, 2024
(1)
				Except as provided in (2), naturopathic physicians may prescribe, administer,
				and dispense pursuant to
				37-2-104, MCA:
(a) all legend drugs;
(b) with a DEA registration, all drugs in
				Schedules II-V as listed at
				50-32-224,
				50-32-226,
				50-32-229, and
				50-32-232, MCA, and ARM
				24.174.1412;
(c) all biological
				substances including extracts and/or their products and residues;
(d) topical preparations;
(e) vitamins, minerals, trace minerals,
				enzymes, and food;
(f) homeopathic
				preparations;
(g) laboratory and
				diagnostic procedures;
(h) all
				amino acids and amino acid combinations;
(i) barrier contraceptives;
(j) all botanical extracts and their
				derivatives;
(k) electrolytes and
				fluid replacement;
(l) expectorants
				and mucolytics;
(m)
				hormones;
(n) liver preparations;
				and
(o) childbirth
				preparations.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.5 - Licensing and Scope of Practice - Naturopathic Physicians › Rule 24.111.512 - NATUROPATHIC SCOPE OF PRACTICE

Current through Register Vol. 13, July 5, 2024
(1) The
				board finds that the provisions of
				37-26-301,
				MCA, and ARM
				24.111.511 define the scope of
				practice for naturopathic physicians in Montana.
37-1-131,
					 37-26-201,
					 MCA; IMP,
					 37-26-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.6 - Licensing and Scope of Practice - Direct-Entry Midwifery › Rule 24.111.601 - MINIMUM DIRECT-ENTRY MIDWIFE EDUCATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) The board may approve a direct-entry
				midwife program or course of study which shall include instruction in a core
				program which requires each student to demonstrate competence in each of the
				following substantive content areas:
(a)
				antepartum care, including:
(i)
				preconceptional factors likely to influence pregnancy outcome;
(ii) basic genetics, embryology and fetal
				development;
(iii) anatomy and
				assessment of the soft and bony structure of the pelvis;
(iv) identification and assessment of the
				normal changes of pregnancy, fetal growth and position;
(v) nutritional requirements for pregnant
				women and methods of nutritional assessment and counseling;
(vi) environmental and occupational hazards
				for pregnant women;
(vii) education
				and counseling to promote health throughout the childbearing cycle;
(viii) methods of diagnosing
				pregnancy;
(ix) the etiology,
				treatment and referral, when indicated, of the common discomforts of
				pregnancy;
(x) assessment of
				physical and emotional status, including relevant historical and psychosocial
				data;
(xi) counseling for
				individual birth experiences, parenthood and changes in the family;
(xii) indications for, risks and benefits of
				screening/diagnostic tests used during pregnancy;
(xiii) etiology, assessment of, treatment for
				and appropriate referral for abnormalities of pregnancy;
(xiv) identification of, implications of and
				appropriate treatment for various STD/vaginal infections during
				pregnancy;
(xv) special needs of
				the Rh negative woman; and
(xvi)
				identification and care of women who are HIV positive, have hepatitis or other
				communicable and noncommunicable diseases.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.6 - Licensing and Scope of Practice - Direct-Entry Midwifery › Rule 24.111.602 - DIRECT-ENTRY MIDWIFE APPRENTICESHIP REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The terms "direct supervision", "indirect
				supervision", and "personal supervision" used herein are defined in ARM
				24.111.301.
(2) The direct-entry
				midwife apprenticeship license program shall be that instructional period
				composed of practical experience time obtained under the personal supervision
				of a supervisor approved by the board.
(3) Applicants for a direct-entry midwife
				apprenticeship license shall submit a completed application with the proper
				fee, a current CPR card indicating certification to perform adult and infant
				cardiopulmonary resuscitation, a supervision agreement, and a curriculum
				outline or method of academic learning that meets the board's educational rule
				requirements for licensure. A supervision agreement shall include:
(a) name of supervisor who shall be a
				licensed direct-entry midwife, a certified nurse midwife, a licensed
				naturopathic physician who is certified for the specialty practice of
				childbirth attendance or a physician licensed under Title 37, chapter 3, MCA;
(b) agreement of parties that
				supervision shall be provided which is consistent with these rules;
				and
(c) agreement of supervisor to
				supervise no more than four direct-entry midwife apprentices at the same time.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.6 - Licensing and Scope of Practice - Direct-Entry Midwifery › Rule 24.111.603 - DIRECT-ENTRY MIDWIFE PROTOCOL STANDARD LIST REQUIRED FOR APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) The antepartum protocol standards
				include, but are not limited to, the following:
(a) abruptio placenta (suspected);
(b) anemia;
(c) bleeding, first, second and third
				trimesters;
(d) breech
				presentation;
(e)
				candidiasis;
(f) care
				schedule;
(g) date/size
				discrepancy;
(h) ectopic
				pregnancy;
(i) fetal demise first,
				second, third trimester;
(j)
				genetic counsel;
(k)
				glycosuria/glucose screen;
(l)
				group beta strep;
(m) Hepatitis
				B;
(n) HIV;
(o) human papilloma virus (HPV);
(p) hyperemesis gravidarum;
(q) internal pelvic examination;
(r) intrauterine growth
				retardation;
(s) minor pregnancy
				discomfort (heartburn, constipation, insomnia, etc.);
(t) placenta previa (suspected);
(u) polyhydramnios;
(v) post dates pregnancy;
(w) pregnancy induced hypertension (mild,
				severe);
(x) proteinuria;
(y) Rh negative;
(z) sexually transmitted diseases (chlamydia,
				herpes, bacterial vaginosis, gonorrhea, trichomosis, etc.);
(aa) transfer of care/termination of
				midwife-parent relationship;
(ab)
				twins (diagnosis of);
(ac)
				ultrasound (indications for);
(ad)
				urinary tract infection;
(ae)
				vaginal birth after cesarean.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.6 - Licensing and Scope of Practice - Direct-Entry Midwifery › Rule 24.111.604 - LICENSING BY EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1) Applicants for
				direct-entry midwifery licensure by examination shall submit a completed
				application with the proper fees and supporting documents to the board office.
				Applications for licensure by examination shall expire one year from the date
				of receipt of the application. An applicant who, for any reason, fails or
				neglects to take the examination within the year shall be required to file
				another application and submit another application fee. Supporting documents
				shall include:
(a) written documentation of
				good moral character consisting of three letters of reference, at least one of
				which must be from a licensed direct-entry midwife; and
(b) any other documents, affidavits, and
				certificates required by
				37-27-201
				or
				37-27-203,
				MCA, whichever is applicable, and board rules.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.6 - Licensing and Scope of Practice - Direct-Entry Midwifery › Rule 24.111.605 - LICENSURE OF OUT-OF-STATE APPLICANTS

Current through Register Vol. 13, July 5, 2024
(1) A
				license to practice as a direct-entry midwife in the state of Montana may be
				issued at the discretion of the board provided the applicant completes and
				files with the board an application for licensure and the required application
				fee. The candidate must meet the following requirements:
(a) The candidate holds a current, valid, and
				unrestricted license to practice as a direct-entry midwife in another state or
				jurisdiction that has current standards substantially equivalent to or greater
				than current standards in this state as established in
				37-27-201
				or
				37-27-203,
				MCA, and the administrative rules.
(i)
				Official written verification of such licensure status must be received by the
				board directly from the other state(s) or jurisdiction(s).
(ii) The candidate must supply a copy of the
				current laws and rules from the state of licensure.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.111 - ALTERNATIVE HEALTH CARE BOARD › Subchapter 24.111.6 - Licensing and Scope of Practice - Direct-Entry Midwifery › Rule 24.111.606 - MINIMUM EDUCATION AND EXPERIENCE REQUIREMENTS FOR DIRECT-ENTRY MIDWIFE APPLICANTS AFTER JANUARY 1, 2020

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				must be a NARM Certified Professional Midwife, demonstrated by:
(a) graduation from a MEAC-accredited
				program; or
(b) completing the
				Portfolio Evaluation Process through NARM; and
(c) passing the NARM examination with a
				scaled score of 75.
(i) Applicants must have
				the examination score reported to the board from NARM. (ii) Applicants who have
				failed the examination twice must file a remedial plan with the board, which
				includes arrangements for securing further professional training and experience
				prior to each examination attempt.