reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.32 - Anesthesia Rules › Rule 24.138.3213 - EFFECT OF 2011 STATUTE AND RULE AMENDMENTS ON CURRENTLY ISSUED ANESTHESIA PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Any dentist
				whose board-issued permit to perform light general anesthesia is active on
				October 1, 2011, shall be issued a deep sedation/general anesthesia permit. The
				dentist must comply with all applicable statutory and regulatory requirements
				in order to renew the permit and to satisfy requirements for continuing
				education in anesthesia.
(2) Any
				dentist whose board-issued permit to perform full general anesthesia is active
				on October 1, 2011, shall be issued a deep sedation/general anesthesia permit.
				The dentist must comply with all applicable statutory and regulatory
				requirements in order to renew the permit and to satisfy requirements for
				continuing education in anesthesia.
(3) Any dentist whose board-issued permit to
				perform conscious sedation is active on October 1, 2011, shall be issued a
				moderate sedation permit. The dentist must comply with all applicable statutory
				and regulatory requirements in order to renew the permit and to satisfy
				requirements for continuing education in anesthesia.
(4) Individuals who have completed one year
				of anesthesia training prior to the adoption of the January 1, 2007 Commission
				on Dental Accreditation (CODA): Accreditation Standards for Advanced Dental
				Education Programs in Dental Anesthesiology, shall be permitted to apply for an
				anesthesia permit pending verification of satisfactory educational and
				professional experience as determined by the board.
(5) Individuals who have completed two or
				more years of anesthesia training prior to the adoption of the January 1, 2007
				CODA Accreditation Standards for Advanced Dental Education Programs in Dental
				Anesthesiology, shall be permitted to apply for an anesthesia permit, pending
				verification of satisfactory educational and professional experience as
				determined by the board.
(6)
				Individuals who have completed an oral and maxillofacial surgery accredited
				residency of three years prior to the adoption of the January 1, 1988 CODA
				change of the length of residency to four years, shall be permitted to apply
				for an anesthesia permit.
37-1-131,
					 37-4-205,
					 MCA; IMP,
					 37-4-101,
					 37-4-511,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.32 - Anesthesia Rules › Rule 24.138.3215 - ANESTHESIA FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) Deep
				sedation/ general anesthesia application fee $200
(2) Deep sedation/general anesthesia permit
				renewal fee 25
(3) Moderate
				sedation application fee 200
(4)
				Moderate sedation permit renewal fee 25
(5) Initial inspection fee 200
(6) Reinspection fee 150
37-1-131,
					 37-4-205,
					 MCA; IMP,
					 37-1-134,
					 37-4-101,
					 37-4-511,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.32 - Anesthesia Rules › Rule 24.138.3217 - PRACTICE OF ANESTHESIA

Current through Register Vol. 13, July 5, 2024
(1) Dentists
				licensed in Montana shall not administer moderate sedation, deep sedation, or
				general anesthesia, unless and until they have met all of the requirements set
				forth in these anesthesia rules.
(2) Violation of these rules shall constitute
				grounds for disciplinary actions as provided in
				2-4-631 and
				37-1-136,
				MCA.
(3) Performing anesthetic
				procedures after the effective date of this rule without an appropriate permit
				will be interpreted by the board as unprofessional conduct under ARM
				24.138.2301. This is an
				interpretive section.
37-1-131,
					 37-4-205,
					 MCA; IMP,
					 37-1-131,
					 37-4-101,
					 37-4-511,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.32 - Anesthesia Rules › Rule 24.138.3219 - PERMIT REQUIRED FOR ADMINISTRATION OF ANESTHESIA

Current through Register Vol. 13, July 5, 2024
(1) To administer moderate sedation or deep
				sedation/general anesthesia, a Montana licensed dentist must possess a
				permit.
(2) To obtain a permit, the
				dentist makes application and must meet specific minimum qualifying standards
				as set forth in the rules.
(3)
				Anesthesia administration permits must be renewed every year.
(4) The board may grant to a Montana licensed
				dentist, upon receipt of an application and payment of the initial inspection
				fee, a temporary permit authorizing the dentist to administer moderate sedation
				or deep sedation/general anesthesia for a period not to exceed 120 days or
				until the inspectors are able to make the inspection. This temporary permit may
				be extended upon board approval.
37-1-131,
					 37-4-205,
					 MCA; IMP,
					 37-1-131,
					 37-4-101,
					 37-4-511,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.32 - Anesthesia Rules › Rule 24.138.3221 - MINIMUM QUALIFYING STANDARDS

Current through Register Vol. 13, July 5, 2024
(1)
				With respect to deep sedation/general anesthesia, no dentist shall be permitted
				to administer deep sedation/general anesthesia during a dental procedure or
				dental-surgical procedure, unless and until he or she satisfies the
				qualifications set forth in
				37-4-511,
				MCA.
(a) No dentist shall be permitted to
				administer deep sedation/general anesthesia until he or she has satisfactorily
				completed residencies accredited by the Commission on Dental Accreditation in
				the following areas:
(i) a minimum of four
				years in an oral and maxillofacial surgery residency; or
(ii) a minimum of two years in an advanced
				general dentistry education program in dental anesthesiology.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.32 - Anesthesia Rules › Rule 24.138.3223 - MINIMUM MONITORING STANDARDS

Current through Register Vol. 13, July 5, 2024
(1)
				Minimum standards for monitoring patients for deep sedation/general anesthesia
				shall include the following:
(a)
				preoperative:
(i) vital signs - to include
				blood pressure, heart rate, pulse, and oximetry results. Temperature may be
				necessary; and
(ii) electrocardiac
				monitoring.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.32 - Anesthesia Rules › Rule 24.138.3225 - FACILITY STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) A deep
				sedation/general anesthesia facility under these rules must contain a minimum
				of equipment, supplies, and drugs, including, but not limited to, the
				following:
(a) a positive pressure oxygen
				delivery system;
(b) stethoscope
				and sphygmomanometer;
(c)
				laryngoscope, endotracheal tubes, a Magill forcep, and alternative airway
				devices such as a laryngeal mask airways of appropriate size;
(d) oral pharyngeal and/or nasopharyngeal
				airways;
(e) electrocardiac
				monitor and defibrillator;
(f)
				appropriate drugs for emergencies to include drugs to provide advanced cardiac
				life support;
(g) a precordial or
				pretracheal stethoscope and capnograph;
(h) pulse oximeter;
(i) suction devices, standard and
				emergency;
(j) for intubated
				patients under general anesthesia, must include end tidal CO2 monitoring; and
(k) when malignant hyperthermia
				triggering agents are routinely used, medications used to treat hyperthermia
				must be immediately available.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.32 - Anesthesia Rules › Rule 24.138.3227 - ONSITE INSPECTION OF FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Each facility
				where moderate sedation or deep sedation/general anesthesia is to be provided
				shall be inspected initially, and at intervals not to exceed five years, by a
				qualified inspector appointed by the board. Any dentist whose facility is to be
				inspected shall be notified at least 30 days prior to the inspection, or sooner
				if mutually agreed. The name of the inspector shall be provided to the
				dentist.
(2) The onsite inspection
				shall include a test of the applicant and the applicant's staff on their
				abilities to recognize and manage complications likely to occur, considering
				the techniques being used. Early recognition of complications will be
				emphasized. The facility must be inspected for the presence of drugs and
				equipment appropriate for the level of sedation or anesthesia to be provided.
				Monitoring assistants shall be examined for their knowledge of their respective
				roles in normal operating procedures and in various emergency situations. The
				inspector shall evaluate office staff in proficiency in handling emergency
				procedures and evaluate the accuracy of anesthesia record-keeping.
(3) If the inspector finds deficiencies
				present in the inspected office, the facility shall be given 30 days to address
				the deficiencies. If, at the completion of this 30-day period, the deficiencies
				have not adequately been rectified, the board will limit the practitioner's
				permit to apply moderate sedation or deep sedation/general anesthesia only in
				qualifying facilities.
(4) If
				serious life-threatening deficiencies are found by the inspector, the board
				will immediately limit the practitioner's permit by refusing to permit the
				administration of moderate sedation or deep sedation/general anesthesia on the
				premises.
(5) An individual who
				provides anesthesia at multiple facilities must be inspected at one facility
				only. The individual must state all facilities are compliant for the equipment
				requirements.
(6) Five-year
				reinspections may be performed by one inspector, unless the dentist being
				inspected, or board, requests two inspectors. Reinspections for moderate
				sedation permits may be performed by dentists holding a moderate sedation
				permit or a deep sedation/general anesthesia permit. For deep sedation/general
				anesthesia permits, reinspections must be performed by another dentist holding
				a deep sedation/general anesthesia permit.
AUTH:
					 37-1-131,
					 37-4-205,
					 MCA; IMP:
					 37-1-131,
					 37-4-101,
					 37-4-511,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.32 - Anesthesia Rules › Rule 24.138.3229 - ANESTHESIA CONTINUING EDUCATION

Current through Register Vol. 13, July 5, 2024
(1)
				Anesthesia permit holders shall affirm their understanding of the recurring
				duty to comply with anesthesia-specific CE requirements on the annual license
				renewal. Anesthesia-specific CE is in addition to CE required for the
				underlying dentist license.
(a) Deep
				sedation/general anesthesia - 20 hours every three-year reporting
				period.
(b) Moderate sedation - 12
				hours every three-year reporting period.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.32 - Anesthesia Rules › Rule 24.138.3231 - REPORTING ADVERSE OCCURRENCES

Current through Register Vol. 13, July 5, 2024
(1) All
				dentists engaged in the practice of dentistry in Montana must submit written
				reports to the board within seven days of any incident, injury, or death
				resulting in temporary or permanent physical or mental disability, or death
				involving the application of minimal sedation, moderate sedation, deep
				sedation, general anesthesia, or nitrous oxide/oxygen sedation, administered
				alone or in conjunction with another oral agent, to any dental patient for whom
				said dentist, or any other dentist, has rendered any dental or medical service.
				Routine hospitalization to guard against postoperative complications or for
				patient comfort need not be reported where complications do not, thereafter,
				result in injury or death, as hereinbefore set forth. The report required by
				this rule shall include, but not be limited to, the following information:
(a) a description of the dental
				procedure;
(b) a description of the
				physical condition of the patient and American Society of Anesthesiologists
				(ASA) classification;
(c) a list of
				drugs and dosages administered and routes of administration;
(d) a detailed description of techniques used
				in the administration of the drugs utilized;
(e) a description of the adverse
				occurrences;
(f) a description in
				detail of symptoms of any complications, including, but not be limited to,
				onset of problems and symptoms of the patient;
(g) a description of the patient's condition
				upon termination of any procedure undertaken; and
(h) disposition of patient and subsequent
				treatment.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.32 - Anesthesia Rules › Rule 24.138.3233 - ANESTHESIA COMMITTEE

Current through Register Vol. 13, July 5, 2024
(1) The board
				hereby creates a committee to be known as the Anesthesia Committee. The
				committee shall consist of five members appointed by the president of the
				board. One member of the committee shall be a member of the board. All other
				members of the committee shall hold a moderate sedation or deep
				sedation/general anesthesia permit. At least three members of the committee
				shall be practitioners who hold a deep sedation/general anesthesia permit. Two
				members of the committee shall be practitioners who hold a moderate sedation
				permit, if available. If the member appointed from the board holds a deep
				sedation/general anesthesia permit, he or she shall chair the committee. If the
				member appointed from the board does not hold a deep sedation/general
				anesthesia permit, another member of the committee who does hold a deep
				sedation/general anesthesia permit shall chair the committee. Members serve at
				the pleasure of the board.
(2) The
				committee shall meet at least once a year and review dentist credentialing for
				moderate sedation and deep sedation/general anesthesia permits, and facilitate
				the inspection process for new anesthesia permit applications and anesthesia
				permit reinspections.
(3) The
				committee shall upon request of the board, advise the board on policies and
				procedures related to the regulation of minimal sedation, moderate sedation,
				deep sedation, general anesthesia, and nitrous oxide sedation.
37-1-131,
					 37-4-205,
					 MCA; IMP,
					 37-4-101,
					 37-4-511,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.1 - Organizational Rules › Rule 24.141.101 - BOARD ORGANIZATION

Current through Register Vol. 13, July 5, 2024
(1) The State
				Electrical 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 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.2 - Procedural Rules › Rule 24.141.201 - PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The State
				Electrical 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 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.2 - Procedural Rules › Rule 24.141.202 - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) The State
				Electrical 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 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.3 - Definitions › Rule 24.141.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Journeyman level experience" is defined
				in
				37-68-102,
				MCA. While serving an apprenticeship, hours of experience are not considered
				journeyman level experience.
(2)
				"Legally obtained" means obtained in accordance with the laws and rules of the
				jurisdiction in which an applicant obtained the experience and within the
				statutes and rules of the Montana State Electrical Board.
(3) "Limited electrical contractor" means a
				Montana-licensed electrical contractor limited to residential construction
				consisting of less than five living units in a single structure.
(4) "Montana State Electrical Code" means
				those sections and amendments of the National Electrical Code adopted by the
				Department of Labor and Industry's Building Standards Program.
(5) "National Electric Code" (NEC) means the
				code promulgated by the National Fire Protection Association, as amended and
				revised, adopted by the Department of Labor and Industry's Building Standards
				Program, and enforced by the board to set standards for electrical
				practice.
(6) "Responsible
				electrician" means the Montana-licensed electrician engaged in a full-time
				capacity, who is responsible for all licensed electrical work performed by the
				electrical contractor.
(7)
				"Unlimited electrical contractor" means a Montana-licensed electrical
				contractor that is licensed to perform electrical work on commercial,
				residential, industrial, and institutional electrical installations as covered
				by the national electrical code.
AUTH:
					 37-1-131,
					 37-68-201, MCA; IMP:
					 37-68-102, 37 68-201,
					 37-68-304,
					 37-68-305,
					 37-68-312,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.4 - General Provisions › Rule 24.141.401 - BOARD MEETINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-68-201,
					 MCA IMP:
					 37-68-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.4 - General Provisions › Rule 24.141.402 - APPRENTICE REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-68-201,
					 MCA IMP:
					 37-68-303,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.4 - General Provisions › Rule 24.141.403 - LICENSEE RESPONSIBILITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-1-136,
					 37-1-319,
					 37-68-201, MCA; IMP:
					 37-1-307,
					 37-1-316,
					 37-1-317,
					 37-1-319,
					 37-68-301,
					 37-68-315,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.4 - General Provisions › Rule 24.141.404 - PIONEER ELECTRICIAN CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) The
				purpose of a pioneer electrician certificate is to show appreciation for past
				services and support to the electrical industry.
(2) A pioneer electrician certificate is not
				a license and does not permit the holder of said certificate to act as a
				licensed electrical contractor, master, journeyman or residential
				electrician.
(3) Pioneer
				electrician certificates will be issued at the discretion of the State
				Electrical Board.
37-1-131,
					 37-68-201,
					 MCA; IMP,
					 37-68-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.4 - General Provisions › Rule 24.141.405 - FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) Examination
				fees are set by the testing agency and vary by examination. Contact the board
				office for a current schedule of test section fees. Fees are to be paid
				directly to the testing agency upon the board's approval of an application.
(a) Examination review fee $100
(b) Examination administered by the board
				200
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.4 - General Provisions › Rule 24.141.408 - FEE ABATEMENT

Current through Register Vol. 13, July 5, 2024
(1) The State
				Electrical Board adopts and incorporates by reference the fee abatement rule of
				the Department of Labor and Industry found at ARM
				24.101.301.
37-1-131,
					 MCA; IMP,
					 17-2-302,
					 17-2-303,
					 37-1-134,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.5 - Licensing › Rule 24.141.501 - MASTER, JOURNEYMAN AND RESIDENTIAL ELECTRICIAN APPLICATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-1-136,
					 37-1-319,
					 37-68-201, MCA; IMP:
					 37-1-307,
					 37-1-316,
					 37-1-317,
					 37-1-319,
					 37-68-301,
					 37-68-315,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.5 - Licensing › Rule 24.141.502 - TEMPORARY PRACTICE PERMIT

Current through Register Vol. 13, July 5, 2024
(1) An
				active temporary practice permit allows an applicant to perform work while
				employed by a licensed electrical contractor.
(2) A temporary practice permit issued to an
				applicant for an electrician license shall expire 90 days from the date of
				issuance or upon receipt of licensure examination results. If an applicant's
				temporary practice permit expires before the date of the applicant's scheduled
				examination, the department may, on a case-by-case basis, extend an applicant's
				temporary practice permit.
(3) A
				temporary practice permit does not allow an individual to act as a responsible
				electrician for a licensed electrical contractor.
(4) A second temporary practice permit may be
				issued to a person who fails the first license examination as provided in
				37-68-311, MCA.
Applicants who fail a residential or journeyman-level exam
				  with a score of 64 percent or less are not eligible for a second temporary
				  practice permit. Applicants who fail a master-level examination with a score of
				  69 percent or less are not eligible for a second temporary practice
				  permit.
AUTH:
					 37-1-319,
					 37-68-201, MCA; IMP:
					 37-1-305,
					 37-68-311,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.5 - Licensing › Rule 24.141.503 - EXAMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) An applicant shall have one year from the
				date of board approval to take and pass the examination for which the
				application was approved. If the examination is not taken and passed within
				that one-year period, the applicant must submit a new application and pay the
				applicable fees.
(2) The
				examination for the residential, journeyman's, or master's license may be
				administered and graded by a third party. The examination passing grade for
				residential and journeyman-level examinations is 70 percent. The examination
				passing grade for master-level examinations is 75 percent.
(3) An applicant who fails any examination
				for which the application was made, may, upon the payment of the appropriate
				fee, take the next scheduled examination. However, if the applicant fails the
				exam a second time, the applicant must provide proof of having attended at
				least one eight-hour electrical code seminar approved by the board, since the
				initial failure to pass.
(4) An
				applicant who fails the master or journeyman examination two or more times may
				apply for and take a lower-level licensing examination.
(5) All examinations are open book. Allowed
				materials may have the applicant's highlights, underlining, and notes.
				Applicants may only use the following allowed materials during the exam:
(a) an NEC code book applicable to the
				examination being given (tabs or indexes may be used in the book);
(b) a silent, nonprinting, nonprogrammable
				calculator that is not designed for preprogrammed electrical calculations
				(e.g., "Electrical Estimate Pal" is not allowed);
(c) copies of the Montana statutes and rules
				relating to electricians; and
(d)
				"Printreading," by David L. Hittinger, based on the applicable NEC
				code.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.5 - Licensing › Rule 24.141.504 - LICENSURE BY RECIPROCITY OR ENDORSEMENT

Current through Register Vol. 13, July 5, 2024
(1) The board may, on a case-by-case basis,
				enter into a reciprocity agreement with another state or jurisdiction whose
				requirements are substantially equivalent or greater than the standards of this
				state for purposes of issuing a license.
(2) The board shall issue a license by
				endorsement to an applicant provided that the applicant:
(a) files a completed application with the
				required fees; and
(b) holds a
				current, valid license in good standing to practice in the category applied for
				in another state or jurisdiction.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.5 - Licensing › Rule 24.141.505 - ELECTRICAL CONTRACTOR LICENSING

Current through Register Vol. 13, July 5, 2024
(1) An
				applicant for an original license or renewal of an electrical contractor
				license shall submit a completed application, appropriate fees, and shall
				affirm compliance with the following:
(a) the
				Workers' Compensation Act, worker's compensation coverage as required under
				39-71-101, MCA, et seq.;
				and
(b) the Unemployment Insurance
				Law, unemployment insurance coverage as required under
				39-51-101, MCA, et seq.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.5 - Licensing › Rule 24.141.506 - MASTER ELECTRICIAN QUALIFICATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-1-131,
					 37-68-201,
					 MCA; IMP,
					 37-1-131,
					 37-68-201,
					 37-68-301,
					 37-68-304,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.5 - Licensing › Rule 24.141.507 - MILITARY TRAINING OR EXPERIENCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-1-136,
					 37-1-319,
					 37-68-201, MCA; IMP:
					 37-1-307,
					 37-1-316,
					 37-1-317,
					 37-1-319,
					 37-68-301,
					 37-68-315,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.5 - Licensing › Rule 24.141.509 - NONROUTINE APPLICATIONS AND APPLICANTS WITH CRIMINAL CONVICTIONS

Current through Register Vol. 13, July 5, 2024
(1) Nonroutine applications must be reviewed
				and approved by the board before a license may be issued. The board
				incorporates the definitions and procedures for routine and nonroutine
				applications in ARM 24.101.402 by reference.
(2) The board incorporates the procedures for
				processing applications from applicants with criminal convictions in ARM
				24.101.406 by reference.
AUTH:
					 37-1-131,
					 37-68-201, MCA; IMP:
					 37-1-101,
					 37-1-131, Title 37, chapter 1,
					 part 2, MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.5 - Licensing › Rule 24.141.511 - APPLICANTS WITH CRIMINAL CONVICTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131, MCA; IMP:
					 37-1-101,
					 37-1-131,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.5 - Licensing › Rule 24.141.515 - JOURNEYMAN AND MASTER ELECTRICIAN EXPERIENCE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) For applicants seeking a journeyman
				electrician license, a maximum of 50 percent of the practical experience may be
				residential in nature. The balance must be either commercial, industrial,
				institutional, or a combination thereof.
(2) For all applicants seeking a master
				electrician license, the practical and journeyman level experience must be
				either commercial, residential, industrial, institutional, or a combination
				thereof. No more than 50 percent of the practical or journeyman level
				experience may be obtained by residential work.
AUTH:
					 37-1-131,
					 37-68-201, MCA; IMP:
					 37-1-131,
					 37-68-304,
					 37-68-305,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.21 - Renewals and Continuing Education › Rule 24.141.2101 - RENEWALS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-1-141,
					 37-68-201,
					 MCA IMP:
					 37-1-141,
					 37-68-310,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.21 - Renewals and Continuing Education › Rule 24.141.2102 - CONTINUING EDUCATION

Current through Register Vol. 13, July 5, 2024
(1) Sixteen hours
				of continuing education must be obtained during the renewal cycle. A minimum of
				eight hours must cover NEC updates.
(a) New
				graduates of approved apprenticeship programs are exempt from the continuing
				education requirement for the first renewal cycle.
(b) Licensees advancing from journeyman or
				residential to a higher level of licensure are not exempt from completing the
				required hours of continuing education.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.23 - Unprofessional Conduct › Rule 24.141.2301 - UNPROFESSIONAL CONDUCT

Current through Register Vol. 13, July 5, 2024
(1) Failure by a
				licensee of the following is considered unprofessional conduct:
(a) Electrical contractors shall have their
				contractor's license posted at their place of business.
(b) A licensed residential electrician shall
				perform work only in the employment of a licensed electrical contractor. A
				licensed residential electrician shall perform work only on residential
				construction consisting of less than five living units in a single
				structure.
(c) A licensed
				journeyman or master electrician who is not the responsible electrician for a
				licensed electrical contractor shall perform work only in the employment of a
				licensed electrical contractor.
(d)
				The responsible electrician of a licensed electrical contractor shall not allow
				any person to perform electrical work unless properly licensed or working with
				a valid temporary practice permit.
(e) The responsible electrician of a licensed
				electrical contractor is responsible for timely obtaining any permit or
				inspection required by the state of Montana or the state or local building code
				enforcement entity and is responsible for ensuring that the work performed
				meets the requirements of the state of Montana and the National Electrical
				Code.
(f) A licensee shall correct
				violations of the Montana State Electrical Code as adopted by the Department of
				Labor and Industry's Building and Commercial Measurements Bureau, after having
				received proper notice and adequate time to do so, as determined by the
				inspector involved in light of the seriousness of the violation(s) and other
				similarly relevant considerations.
(g) A licensee shall comply with all relevant
				laws under Title 39, MCA. Any adjudication by the court or agency having
				jurisdiction of a violation of any workers' compensation, unemployment
				insurance, or independent contractor law in Montana while engaged in the
				electrical trade is unprofessional conduct.
(h) A licensee shall provide the board
				verification of an employee's hours worked in the employ of the licensee when
				the request for verification is made for purposes of
				licensure.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.23 - Unprofessional Conduct › Rule 24.141.2305 - ADMINISTRATIVE SUSPENSION

Current through Register Vol. 13, July 5, 2024
(1) The board
				authorizes the department to:
(a)
				administratively suspend licenses for deficiencies set forth in
				37-1-321(1)(a) through
				(e), MCA; or
(b) file a complaint pertaining to the
				deficiencies in (1) that are based on repeated or egregious conduct, or that
				have co-occurring misconduct allegations that directly implicate public safety
				and may warrant formal disciplinary action.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.24 - Complaint Procedures › Rule 24.141.2401 - SCREENING PANEL (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131, MCA; IMP:
					 37-1-307,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.24 - Complaint Procedures › Rule 24.141.2402 - COMPLAINT PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-68-201,
					 MCA IMP:
					 37-1-101,
					 37-1-131,
					 37-1-307,
					 37-1-308,
					 37-1-309,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.141 - STATE ELECTRICAL BOARD › Subchapter 24.141.24 - Complaint Procedures › Rule 24.141.2405 - PANEL MEMBERS

Current through Register Vol. 13, July 5, 2024
(1) The board chair
				shall assign board members to the screening panel and the adjudication panel.
				The board chair may replace or reassign panel members, but the panels must be
				divided as follows:
(a) The screening panel
				shall consist of two board members, including one journeyman or master
				electrician member of the board and one public member of the board.
(b) The adjudication panel shall consist of
				three board members, including one journeyman or master electrician member of
				the board and one public member of the board.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.3 - Definitions › Rule 24.142.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this chapter, the following definitions
				  apply:
(1) "ANSI" means the American
				National Standards Institute.
(2)
				"ASME" means the American Society of Mechanical Engineers.
(3) "Conveyance" means the equipment set
				forth at
				50-60-704(1),
				MCA.
(4) "Conveyance work" means
				the design, construction, alteration, operation, maintenance, repair,
				inspection, installation, and testing of the equipment set forth at
				50-60-704(1),
				MCA. Further definitions of these activities are located in the ASME codes
				adopted by reference at ARM
				24.301.602.
(5) "Elevator code" means the code contained
				in ARM 24.301.602.
(6) "Helper"
				means an individual who is assisting with the installation of conveyance
				components by a licensed elevator mechanic or limited mechanic.
(7) "Responsible elevator mechanic" means a
				designated individual employed by a licensed elevator contractor who is hired
				on a fulltime basis to ensure all work performed by the mechanic's employer is
				code compliant.
(8) "Responsible
				limited mechanic" means a designated individual employed by a licensed limited
				elevator contractor who is hired on a fulltime basis to ensure that all work
				performed by the mechanic's employer is code compliant.
37-73-102,
					 50-60-705,
					 MCA; IMP,
					 37-73-102,
					 37-73-201,
					 37-73-202,
					 37-73-203,
					 37-73-204,
					 37-73-208,
					 37-73-212,
					 37-73-216,
					 50-60-704,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.3 - Definitions › Rule 24.142.302 - SCOPE OF PRACTICE

Current through Register Vol. 13, July 5, 2024
(1) Elevator
				mechanic licenses are not required for individuals who do not require access to
				the pit, hoistway, or top of the car to perform limited maintenance inside the
				car, which does not impact code compliance issues to include:
(a) signal systems;
(b) fans;
(c) electric light fixtures;
(d) illuminated thresholds; and
(e) feeder wires to the terminals on the
				elevator main line control.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.4 - General Provisions › Rule 24.142.401 - GENERAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-1-101,
					 37-73-102,
					 50-60-203,
					 MCA; IMP,
					 37-73-102,
					 37-73-201,
					 37-73-203,
					 37-73-208,
					 37-73-212,
					 37-73-216,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.4 - General Provisions › Rule 24.142.402 - FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) Examination
				fees are set by the testing agency or the department and vary by examination
				type.
(2) Application for license
				by examination (applies to all categories and includes original license fee)
				$200
(3) Contractor - original
				license fee 600
(4) Annual renewal
				fee for all categories of licensure, except contractor 150
(5) Annual renewal fee for contractor license
				600
(6) Application for license by
				endorsement or reciprocity (includes original license fee) 150
(7) Temporary permit 50
(8) Exam review fee 100
(9) Reexamination fee 50
(10) All fees are nonrefundable.
AUTH:
					 37-1-101,
					 37-73-102,
					 37-73-201,
					 37-73-204,
					 MCA IMP:
					 17-2-302,
					 17-2-303,
					 37-1-101,
					 37-1-134,
					 37-73-102,
					 37-73-201,
					 37-73-204,
					 37-73-208,
					 37-73-212,
					 37-73-216,
					 37-73-221,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.4 - General Provisions › Rule 24.142.404 - LICENSEE RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1)
				Licensed elevator mechanics, limited mechanics, elevator contractors, limited
				elevator contractors, and elevator inspectors shall have their licenses
				available on job sites at all times when employed in these capacities. As
				provided by
				37-73-225, MCA, a licensed
				elevator mechanic and a limited elevator mechanic are subject to a fine for
				failure to produce proof of licensure upon request.
(2) All licensed elevator mechanics and
				limited licensed elevator mechanics shall perform conveyance work only in the
				employment of a licensed elevator contractor or limited licensed elevator
				contractor. An elevator mechanic who is a sole proprietor or individual
				engaging in the business of conveyance work must also be licensed as an
				elevator contractor.
(3) A licensed
				elevator contractor or limited elevator contractor shall not allow any person
				to perform elevator or other conveyance installation or repair work, unless the
				person is:
(a) properly licensed;
(b) in lawful possession of a valid temporary
				practice permit; or
(c) registered
				as an apprentice, as provided in ARM
				24.142.405.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.4 - General Provisions › Rule 24.142.405 - APPRENTICE REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-73-102,
					 50-60-203, MCA; IMP,
					 37-73-202,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.5 - Licensing › Rule 24.142.501 - DOCUMENTATION OF SUITABLE TRAINING AND EXPERIENCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-73-102,
					 MCA; IMP,
					 37-1-104,
					 37-73-102,
					 37-73-201,
					 37-73-203,
					 37-73-208,
					 37-73-212,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.5 - Licensing › Rule 24.142.502 - ELEVATOR MECHANIC AND LIMITED MECHANIC LICENSURE QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) An applicant for an elevator mechanic's
				license shall furnish evidence satisfactory to the department that the
				applicant has:
(a) successfully completed a
				state-approved apprenticeship or other education program that meets
				requirements established by department rule; or
(b) has three years of experience verified by
				current or previous employers and, except as provided in (2), passed a written
				examination administered by the department.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.5 - Licensing › Rule 24.142.503 - ELEVATOR MECHANIC AND LIMITED MECHANIC APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) An applicant shall have one year from the
				date of department approval to take the examination for which the application
				was approved. If the examination is not taken within that one-year period, the
				applicant will be required to submit a new application, provide written
				verification of experience, and pay the applicable fees.
(2) All applications shall be approved or
				disapproved on a case-by-case basis as the department may deem proper,
				according to the following criteria:
(a)
				complete application submitted;
(b)
				fees paid;
(c) acceptable work
				experience verified; and
(d) past
				disciplinary actions reviewed and considered, if applicable.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.5 - Licensing › Rule 24.142.504 - TEMPORARY PRACTICE

Current through Register Vol. 13, July 5, 2024
(1) The department
				may issue two types of temporary licenses:
(a) to elevator inspectors for a six-month
				temporary license, pending certification while under supervision of a licensed,
				certified inspector; and
(b) to
				elevator mechanics in the case of an emergency or disaster as provided at
				37-73-216,
				MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.5 - Licensing › Rule 24.142.506 - ELEVATOR INSPECTOR QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Unless they qualify for a temporary
				license under
				37-73-208,
				MCA, applicants for elevator inspectors licenses shall provide evidence
				satisfactory to the department that they possess certification as such from one
				or more of the following entities:
(a)
				ANSI;
(b) NAESA;
(c) ASME; or
(d) another elevator inspector certification
				from a provider entity, as approved by the department on a case-by-case
				basis.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.5 - Licensing › Rule 24.142.507 - ELEVATOR CONTRACTOR APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) An
				applicant for an original license or renewal of an elevator contractor license
				shall submit:
(a) a completed
				application;
(b) the appropriate
				fee;
(c) a general contractor
				registration to engage in the business of installing, repairing, or altering
				powered conveyances;
(d) a
				currently dated, certified copy of a liability insurance policy issued to the
				business name listed on the application, which includes the insurance policy
				number, and which complies with the requirements of
				50-60-716,
				MCA;
(e) a current certificate of
				existence or a current certificate of fact issued by the Montana Secretary of
				State's office; and
(f) a current
				list of all licensed elevator mechanics or inspectors who will be responsible
				for all work performed under the contractor's license, and any permit issued to
				the contractor, which shall be updated at license renewal.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.5 - Licensing › Rule 24.142.509 - EXAMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) Examinations are held at locations and
				times considered appropriate by the department. The department will provide
				reasonable notice to qualified applicants of the date, time, and location of
				examinations, or of approved vendors that administer the examination.
(2) A person who has failed to pass any
				examination may, upon the payment of the appropriate reexamination fee, take
				the next scheduled examination. Failure of examination means receiving a test
				score below 70 percent. Applicants who fail the test a second time may not take
				the test again within a two-month period after the last failed exam.
(3) In the event an applicant fails to pass
				any examination three times, the applicant must wait at least one year from the
				last failed exam before taking the exam again, after reapplying to the
				department and paying the required application fee.
(4) An applicant who has failed the elevator
				mechanic examination two or more times is not prohibited from taking the
				limited mechanic's licensing examination. Applicants must submit a request in
				writing to the department requesting the lower level examination at any
				subsequent time.
AUTH:
					 37-73-102, MCA; IMP,
					 37-73-102,
					 37-73-201,
					 37-73-204,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.142 - ELEVATOR LICENSING PROGRAM › Subchapter 24.142.5 - Licensing › Rule 24.142.510 - LICENSURE BY RECIPROCITY OR ENDORSEMENT

Current through Register Vol. 13, July 5, 2024
(1) The department may, on a case-by-case
				basis, enter into reciprocity agreements with other states or jurisdictions
				whose requirements are substantially equivalent to or greater than the
				standards of this state as a basis to issue elevator mechanic or limited
				mechanic licenses.
(2) Where no
				reciprocity agreement is applicable, mechanics licensed in other states may
				apply for licensure by endorsement in Montana. As used in this rule, "licensure
				by endorsement" means a formal reciprocal licensure agreement has not been
				signed with another specific state, but the qualifications for licensure in
				that state are substantially equal to Montana's qualifications for the same
				level of licensure.
(3) The
				department may issue a license by endorsement to an applicant licensed in
				another state provided that the applicant is seeking a license comparable to
				the predicate license, and the applicant:
(a)
				submits a completed application with the required fees; and
(b) holds a comparable current, active
				license in good standing to practice in another state or
				jurisdiction.