reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.4 - General Provisions › Rule 24.171.408 - OUTFITTER RECORDS

Current through Register Vol. 13, July 5, 2024
(1) Outfitters
				shall maintain current and accurate records and make the records available :
(a) to enforcement or investigative personnel
				authorized or appointed by the board;
(b) upon subpoena or order of a court;
(c) upon written request of the
				board; or
(d) upon written request
				of a state or federal agency for law enforcement purposes.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.4 - General Provisions › Rule 24.171.409 - GUIDE TO HUNTER RATIO (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-1-131,
					 37-47-201,
					 MCA; IMP,
					 37-1-131,
					 37-47-201,
					 37-47-402,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.4 - General Provisions › Rule 24.171.410 - OUTFITTER'S ASSISTANTS

Current through Register Vol. 13, July 5, 2024
(1) An outfitter
				may only employ or contract with an outfitter's assistant in an emergency.
				Emergency, as defined in
				37-47-101,
				MCA, includes unforeseen staffing shortages, not caused by the outfitter's
				action or inaction, for which employing or contracting with an outfitter's
				assistant is necessary to protect the public health, safety, and welfare while
				serving a client.
(2) For each
				outfitter's assistant employed or contracted with by an outfitter, the
				following documentation procedures shall be followed:
(a) An outfitter shall document the
				employment or retention of each outfitter's assistant. The outfitter's
				assistant shall keep a copy of the employment documentation at all times during
				the service period. Within 15 days of the first date the outfitter's assistant
				serves a client, the outfitter shall submit to the department a copy of the
				employment documentation and fee required in ARM
				24.171.401. The
				employment documentation shall include:
(i)
				the name, license number, address, phone number, and, if available, e-mail
				address of the outfitter;
(ii) the
				signature of the outfitter;
(iii)
				the name, date of birth, address, telephone number, and, if available, e-mail
				address of the outfitter's assistant; and
(iv) the beginning and ending dates of the
				service period .
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.4 - General Provisions › Rule 24.171.412 - SAFETY AND FIRST AID PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1)
				Outfitters and guides are required to hold current basic first aid
				certification at all times actively licensed.
(2) Basic first aid certification must be
				obtained through a provider and course approved by the department based upon
				the following minimum criteria:
(a) The
				provider must require written or practical tests and participants are to
				receive completion certificates.
(b) The provider program must include, at a
				minimum, universal precautions for self-protection and training specific to the
				following types of injuries :
(i) shock;
(ii) bleeding;
(iii) poisoning;
(iv) burns;
(v) temperature extremes;
(vi) musculoskeletal injuries ;
(vii) bites and stings; and
(viii) medical emergencies.
(c) Instruction in the principles
				and first aid intervention of injuries must refer to body
				extremities.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.4 - General Provisions › Rule 24.171.413 - WATERCRAFT IDENTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A person
				holding a valid outfitter or guide license who utilizes any type of watercraft
				while providing services shall prove evidence of licensure by displaying, at
				all times services are being provided, board-issued watercraft identification
				tags.
(2) The tags shall display
				the outfitter or guide license number for identification purposes.
(3) An unlicensed outfitter assistant shall
				display board-issued watercraft identification tags on each watercraft to be
				occupied by the outfitter assistant.
(4) One tag shall be affixed to each side of
				the watercraft at the bow, oarlock, or stern of the watercraft and be of a size
				approved by the board so that they may be easily seen from another watercraft
				or from shore.
(5) Each tag shall
				be affixed to the watercraft or on a removable plaque or in such a way that if
				the craft is sold or is not being used by the licensee while the licensee is
				providing services, the tag may be removed or concealed to prevent
				misidentification of the occupant(s) as licensees.
(6) Licensees may be provided with one set of
				two watercraft identification tags at the time of application for licensure or
				renewal, at no charge, upon request. A fee will be assessed for any replacement
				in accordance with ARM
				24.171.401.
AUTH:
					 37-1-131,
					 37-47-201,
					 MCA IMP:
					 37-1-134,
					 37-47-201,
					 37-47-301,
					 37-47-302,
					 37-47-303,
					 37-47-325,
					 37-47-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.4 - General Provisions › Rule 24.171.414 - APPLICANTS WITH CRIMINAL CONVICTIONS

Current through Register Vol. 13, July 5, 2024
(1) The board incorporates ARM
				24.101.406 by reference with the
				following modifications:
(a) Nonviolent
				misdemeanor and felony convictions in (5) involving violations of laws relative
				to fish, wildlife, and parks are nonroutine if those convictions:
(i) ever resulted in the loss of privileges
				to hunt or fish; or
(ii) totaled
				two or more for which the conviction date is more than five years before the
				board received the application.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.5 - Outfitter Licensing › Rule 24.171.501 - APPLICATION FOR OUTFITTER LICENSE

Current through Register Vol. 13, July 5, 2024
(1) An
				application for an outfitter license shall be on forms prescribed by the
				department and shall be accompanied by the required fee.
(2) A complete application, which is required
				prior to being allowed to take the examination, shall consist of two parts:
(a) the department's license application
				form, including all supporting documentation as required by that form;
				and
(b) an operations plan
				application form, accompanied by a NCHU transfer request form, if
				applicable.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.5 - Outfitter Licensing › Rule 24.171.502 - OUTFITTER QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for an outfitter license shall have the qualifications to provide all services
				and use all equipment necessary to provide the functions of an outfitter that
				the license will authorize the applicant to provide. In addition, the applicant
				shall have:
(a) for an outfitter applicant
				with a watercraft endorsement:
(i) a minimum
				of three years and 120 days of verified experience as a licensed guide working
				for a licensed outfitter in this state, guiding clients and using methods for
				pursuing fish or game; or
(ii) a
				minimum of three years and 120 days of verified experience as a licensed
				outfitter, a licensed guide, or equivalent experience in another state guiding
				clients and using methods for pursuing fish or game. All experience in this
				subsection (a)(ii) is subject to board approval; or
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.5 - Outfitter Licensing › Rule 24.171.503 - OUTFITTER APPLICATION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-47-201,
					 MCA; IMP:
					 37-47-201,
					 37-47-304,
					 37-47-307,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.5 - Outfitter Licensing › Rule 24.171.505 - FISHING OUTFITTER OPERATIONS PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-47-201, MCA IMP:
					 37-1-131,
					 37-47-201,
					 37-47-304,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.5 - Outfitter Licensing › Rule 24.171.507 - OUTFITTER EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1) Applicants for
				the outfitter examination shall submit a completed license application
				accompanied by the required fee.
(2) The following list is not intended to be
				exhaustive in detail. A wide range of issues and subtopics exist within each
				broad topic. The examination categories include:
(a) general knowledge of outfitting and
				guiding;
(b) hunting;
(c) fishing; and
(d) packing.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.5 - Outfitter Licensing › Rule 24.171.508 - INCOMPLETE OUTFITTER AND GUIDE LICENSE APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Applications received by the board will
				be reviewed for completeness. If an application is not complete when first
				received by the board, the applicant will be mailed a letter stating that the
				application is incomplete. The board may indicate which documents or
				information is missing in this letter. However, the applicant remains
				responsible for ensuring all required information and documents are timely
				submitted. If the application is not completed within one year from the date
				the incomplete application first arrived, the application expires, and the
				applicant shall be required to submit a new application and fees before being
				considered for licensure.
37-1-131,
					 37-47-201,
					 MCA; IMP,
					 37-1-131,
					 37-47-201,
					 37-47-304,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.5 - Outfitter Licensing › Rule 24.171.509 - INSURANCE FOR OUTFITTERS

Current through Register Vol. 13, July 5, 2024
(1) An outfitter,
				other than an outfitter licensed on inactive status, shall have liability
				insurance, as a named insured, in effect at all times during the license year.
				Liability insurance must cover bodily injury to clients at all times services
				are being provided, including while the outfitter or employed or retained
				guides are transporting clients. Minimum amounts of liability insurance shall
				meet or exceed minimum requirements of state or federal regulator agencies for
				outfitters operating on state or federal lands, but in no case may minimum
				amounts be less than $10,000 for property damage, $100,000 for personal injury
				to one person and a total of $300,000 for personal injury to more than one
				person.
AUTH:
					 37-47-201,
					 MCA IMP:
					 37-47-201,
					 37-47-301,
					 37-47-304,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.5 - Outfitter Licensing › Rule 24.171.512 - INACTIVE LICENSE

Current through Register Vol. 13, July 5, 2024
(1) An outfitter
				may submit a written request to have the outfitter's license placed on inactive
				status at the time of renewal. Such request must be submitted with a completed
				application for renewal and all required renewal fees.
(2) Outfitters whose licenses are inactive
				more than three years and who choose to become active must take the parts of
				the outfitter test related to outfitter laws and rules and fish and game laws
				and rules. An inactive outfitter who wishes to reactivate his or her license
				must update their operation plan.
(3) Outfitters on inactive status may not
				book or serve clients, and are subject to all requirements applicable to
				outfitters licensed on active status, other than those relating to insurance
				and current basic first aid card.
37-1-319, MCA;
					 IMP,
					 37-1-319,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.5 - Outfitter Licensing › Rule 24.171.513 - OUTFITTER ACTING AS GUIDE

Current through Register Vol. 13, July 5, 2024
(1) A
				licensee holding a current and valid outfitter's license may act as a guide
				without a guide's license if such licensee:
(a) possesses the qualifications of a guide
				under these rules; and
(b) acts as
				a guide only within the services and area of operation of this particular
				outfitter.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.5 - Outfitter Licensing › Rule 24.171.520 - OPERATIONS PLANS AND AMENDMENTS

Current through Register Vol. 13, July 5, 2024
(1) An
				operations plan is prepared by the outfitter and submitted to the board and
				includes the information required in
				37-47-304(2)(c),
				MCA.
(a) Fishing operations plans must
				include a summarization of the boundaries of the outfitter's fishing operation.
				If a fishing operations plan includes surface waters accessible only by private
				land or access points requiring a permit issued by a state or federal
				agency(ies), those surface waters must be described in detail, including the
				following information:
(i) the name of each
				water body, including the section of each river or stream, that may be utilized
				by the applicant while providing services;
(ii) a description of private land, by name
				of ranch and county where located, over which access is allowed; and
(iii) an affidavit by the outfitter to the
				board that the outfitter is in possession of any public land permits or
				licenses properly executed for federal or state public property where the
				outfitter is authorized to operate;
(iv) All other fishing operations plans may
				be described in detail pursuant to (2)(a), or an outfitter may summarize the
				boundaries of the outfitter's operations plan by referencing "all surface
				waters governed by the Montana Stream Access Law,
				23-2-302, MCA, and accessible by
				public access points not requiring a permit restricting commercial use issued
				by a state or federal agency(ies)."
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.6 - Guide Licensing › Rule 24.171.601 - GUIDE QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for a guide license shall have:
(a) not less
				than one season of experience of hunting or fishing for the type of game for
				which the applicant will guide or have worked for the outfitter that signs the
				license for a period of at least six weeks and in the area to be guided in, or
				have successfully completed a school licensed by a state, approved by the
				board, and that trains persons to be a guide;
(b) knowledge of hunting and fishing
				techniques to provide the particular services contracted to the client by the
				endorsing outfitter; and
(c)
				knowledge of equipment, terrain and hazards to competently provide a safe
				experience for those persons he or she guides.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.6 - Guide Licensing › Rule 24.171.602 - GUIDE LICENSE

Current through Register Vol. 13, July 5, 2024
(1) The application
				must include all license requirements and the endorsement of a licensed
				outfitter, when required, attesting that, the applicant meets all
				qualifications for licensure.
(2)
				An applicant must submit proof of current basic hands-on first aid
				certification with the application.
(3) Each outfitter who uses the services of
				the guide during the license year shall sign and date the guide's license
				before allowing the guide to accompany a client.
AUTH:
					 37-1-131,
					 37-47-201, MCA; IMP:
					 37-47-101,
					 37-47-201,
					 37-47-301,
					 37-47-303,
					 37-47-307,
					 37-47-308,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.6 - Guide Licensing › Rule 24.171.604 - EMERGENCY GUIDE LICENSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-1-131,
					 37-47-201,
					 MCA; IMP,
					 37-47-201,
					 37-47-301,
					 37-47-303,
					 37-47-307,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.6 - Guide Licensing › Rule 24.171.605 - PROVISIONAL GUIDE LICENSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-1-131,
					 37-1-319,
					 37-47-201,
					 MCA; IMP,
					 37-1-131,
					 37-1-319,
					 37-47-201,
					 37-47-301,
					 37-47-303,
					 37-47-307,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.7 - Net Client Hunter Use and River-Use Days › Rule 24.171.701 - NCHU CATEGORIES, TRANSFERS, AND RECORDS

Current through Register Vol. 13, July 5, 2024
(1) NCHU categories are as follows:
(a) Category 2, consisting of all clients
				served in the pursuit of big game or big game and upland game birds under
				combination licenses; and
(b)
				Category 3, consisting of all clients served in the pursuit of upland game
				birds, waterfowl, and turkeys.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.7 - Net Client Hunter Use and River-Use Days › Rule 24.171.702 - TRANSFER OF RIVER-USE DAYS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-131,
					 37-47-201,
					 MCA; IMP:
					 37-47-201,
					 37-47-310,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.21 - Renewal › Rule 24.171.2101 - RENEWALS

Current through Register Vol. 13, July 5, 2024
(1) The provisions of ARM
				24.101.408
				apply.
(2) License renewal
				applications for outfitters shall be made on forms provided by the department
				and shall be accompanied by:
(a) the required
				renewal fee; and
(b) an attestation
				that all lands information required as part of the outfitter's operations plan
				on file with the board is current and accurate as required by ARM
				24.171.520.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.21 - Renewal › Rule 24.171.2104 - ACTIVE DUTY STATUS FOR LICENSEES IN THE MILITARY

Current through Register Vol. 13, July 5, 2024
(1) The board recognizes that the nation
				relies on members of the National Guard and the reserve branches of the armed
				forces for the nation's security, and that the members of the National Guard
				and reserve forces are subject to call to active duty on short notice. In
				consideration of that service to the nation, the board finds that it is
				appropriate to defer the licensing renewal obligations of such individuals
				called to active duty status, provided that the individual is not required by
				the armed forces to maintain current professional or occupational licensing as
				a condition of serving in the armed forces.
(2) An activated reservist, as defined in
				37-1-138,
				MCA, upon submission of appropriate evidence, is entitled to the following
				privileges:
(a) The activated reservist is
				not required to timely pay a renewal fee for license renewal that comes due
				while the person is in active duty status. The renewal fee is payable within
				six months following the activated reservist's discharge from active duty
				status. Unless otherwise relieved from the renewal application requirements,
				the activated reservist must timely apply for license renewal.
(b) If the activated reservist provides proof
				to the board of the reservist's active duty status before the reservist's
				license expires, the reservist is relieved from having to timely submit a
				renewal application and any related documents or information during the period
				while the reservist is on active duty status. The reservist has six months
				following discharge from active duty status to submit to the board such renewal
				applications and any related documents or information that came due during the
				period of the reservist's active duty status.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.23 - Unprofessional Conduct › Rule 24.171.2305 - WEB SITE POSTING OF LICENSE DISCIPLINE

Current through Register Vol. 13, July 5, 2024
(1) For purposes of ARM
				24.101.404,
				each first-time violation of the following acts constitutes a failure to file
				or complete in a timely manner a minor administrative requirement that is in
				rule or law:
(a) lack of first aid card if no
				client is served during the lapse;
(b) an outfitter's failure to ensure that a
				guide has a first aid card if no client is served during the lapse;
(c) failure to display required information
				on a water vessel;
(d) failure to
				maintain insurance if no client is served during the lapse;
(e) use of a nonsufficient funds
				check;
(f) failure to carry current
				guide or outfitter license while providing services;
(g) failure to carry a current fishing
				license; and
(h) failure to have a
				current conservation license.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.1 - Organizational Rules › Rule 24.174.101 - BOARD ORGANIZATION

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Pharmacy 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 24.174 - BOARD OF PHARMACY › Subchapter 24.174.2 - Procedural Rules › Rule 24.174.201 - PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Pharmacy 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 24.174 - BOARD OF PHARMACY › Subchapter 24.174.2 - Procedural Rules › Rule 24.174.202 - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Pharmacy 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 24.174 - BOARD OF PHARMACY › Subchapter 24.174.3 - Definitions › Rule 24.174.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Airborne particulate cleanliness
				classification" means the level of cleanliness defined by the maximum allowable
				number of particles per cubic meter of air as specified in the International
				Organization of Standardization (ISO) "Classification of Air Cleanliness" (ISO
				14644-1) for Class 5, Class 7, and Class 8.
(a) ISO Class 5 is an atmospheric environment
				that contains less than 3,520 particles 0.5 microns in diameter per cubic meter
				of air;
(b) ISO Class 7 is an
				atmospheric environment that contains less than 352,000 particles 0.5 microns
				in diameter per cubic meter of air; and
(c)
				 ISO Class 8 is an atmospheric environment that contains less than
				3,520,000 particles 0.5 microns in diameter per cubic meter of air.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.3 - Definitions › Rule 24.174.302 - HOSPITAL/HEALTH CARE FACILITY DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-321,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.3 - Definitions › Rule 24.174.303 - INTERNSHIP PROGRAM DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1)
				"Approved program" means that time credited toward the training period which
				begins from the date of intern registration and continues under the
				requirements of the approved program.
(2) "Approved training area" means a place
				for instructing an intern for licensure subject to requirements of the
				board.
(3) "Computed time" means
				that time credited toward the training period which begins from the date of
				intern registration and continues under the requirements of the approved
				program.
(4) "Intern" means a
				qualified [under ARM
				24.174.602 ] pharmacy student or a
				graduate from an accredited school of pharmacy, and registered in an approved
				program of supervised training.
(5)
				"Intern certificate of registration" means that certificate furnished by the
				board upon approval of the intern application form, received from the intern
				applicant.
(6) "Internship period"
				means 1500 hours of practical experience in an approved pharmacy, hospital, or
				other facility. The intern may acquire a maximum of 48 hours experience per
				calendar week. The student may acquire up to 1500 hours concurrently with
				school attendance in approved courses, introductory pharmacy practice
				experience, and advanced pharmacy practice experience, or demonstration
				projects in the Pharm.D. program.
(7) "Preceptor" means a pharmacist or other
				approved individual who meets those requirements for the supervision and
				training of an intern.
(8)
				"Reporting period" means at the completion of internship or introductory
				pharmacy practice experience in a given site or after 500 hours, whichever
				comes first, or at the completion of advanced pharmacy practice
				experience.
(9) "Supervising
				Pharmacist" means the registered pharmacist who is in charge of the day-to-day
				supervision of the intern.
(10)
				"Supervision" means that all drug distribution or dispensing activities shall
				be performed by the intern under the direction of a registered pharmacist and
				that the preceptor shall have overall responsibility for the required training
				of the intern.
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.4 - General Provisions › Rule 24.174.401 - FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) Application for
				licensure transfer $180
(2)
				Original registration for pharmacist 70
(3) Pharmacist annual renewal fee
				65
(4) Original registration for
				clinical pharmacist practitioner 25
(5) Clinical pharmacist practitioner annual
				renewal fee 25
(6) Community and
				institutional pharmacy original certification (includes original, change in
				location, and change in ownership) 240
(7) Community and institutional pharmacy
				annual renewal fee 150
(8) Family
				planning limited pharmacy facility, certified pharmacy license (original and
				renewal) 45
(9) Intern registration
				50
(10) Montana NAPLEX examination
				processing fee (a separate exam fee is paid directly to NABP) 35
(11) Montana multistate pharmacy
				jurisprudence examination (MPJE) exam fee (a separate exam fee is paid directly
				to NABP) 25
(12) Utilization plan
				approval fee 75
(13) Annual
				utilization plan renewal fee 75
(14) Pharmacy technician registration fee
				35
(15) Pharmacy technician renewal
				fee 30
(16) Wholesale distributor
				license 240
(17) Annual wholesale
				distributor renewal 240
(18)
				Out-of-state mail service pharmacy/telepharmacy initial license 240
(19) Out-of-state mail service
				pharmacy/telepharmacy renewal 240
(20) Certification of grades/transfer of
				internship hours 20
(21) Inactive
				pharmacist annual renewal fee 15
(22) Outpatient center for surgical services
				(original or renewal) 45
(23) Drugs
				dispensed by a medical practitioner original registration 240
(24) Drugs dispensed by a medical
				practitioner annual renewal fee 150
(25) Third-party logistics provider (3PL)
				initial license and annual renewal fee 240
(26) Repackager initial license and annual
				renewal fee 240
(27) Manufacturer
				initial license and annual renewal fee 240
(28) Veterinary retail facility initial
				license and annual renewal fee 150
(29) Additional standardized fees are
				specified in ARM
				24.101.403.
AUTH:
					 37-1-134,
					 37-2-104,
					 37-7-201,
					 37-7-604,
					 37-18-803,
					 50-32-314, MCA; IMP:
					 37-1-134,
					 37-2-104,
					 37-7-201,
					 37-7-306,
					 37-7-321,
					 37-7-604,
					 37-7-605,
					 37-7-703,
					 37-18-803,
					 50-32-314,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.4 - General Provisions › Rule 24.174.402 - DANGEROUS DRUG FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) The fees to
				be assessed for registration to manufacture, distribute, dispense, conduct
				research, or analyze, a dangerous drug shall be assessed according to the
				following schedule:
REGISTRATION
ANNUAL FEE
(a) manufacture
$100
(b) distribute
100
(c) dispense
(i) pharmacies
75
(ii) ambulatory surgical facilities
75
(d) conduct research/analyze
100
37-1-134,
					 37-7-201,
					 50-32-103,
					 50-32-314,
					 MCA; IMP,
					 37-1-134,
					 37-7-201,
					 37-7-321,
					 50-32-103,
					 50-32-314,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.4 - General Provisions › Rule 24.174.403 - CHANGE IN ADDRESS AND/OR EMPLOYMENT

Current through Register Vol. 13, July 5, 2024
(1) All licensees shall notify the board in
				writing within 30 days of any change in employment and/or any change of
				business or personal address.
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.4 - General Provisions › Rule 24.174.404 - FEE ABATEMENT

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Pharmacy 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 24.174 - BOARD OF PHARMACY › Subchapter 24.174.4 - General Provisions › Rule 24.174.407 - QUALITY ASSURANCE PROGRAM REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each pharmacy
				shall implement or have in place a quality assurance program to detect,
				identify, and prevent prescription errors. The quality assurance program shall
				include necessary documentation, internal reporting, and assessment of
				prescription errors to determine the cause and an appropriate
				response.
(2) The primary purpose
				of the quality assurance program shall be to advance error prevention by
				analyzing, individually and collectively, investigative and other pertinent
				data collected in response to a prescription error to assess the cause and any
				contributing factors such as system or process failures.
(3) Each pharmacy, corporation, or health
				system shall use the findings of its quality assurance program to develop
				pharmacy systems and workflow processes designed to prevent prescription
				errors, as well as communicate those findings to all pharmacy
				personnel.
AUTH:
					 37-7-201,
					 MCA; IMP:
					 37-7-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.4 - General Provisions › Rule 24.174.411 - PHARMACIST MEAL/REST BREAKS

Current through Register Vol. 13, July 5, 2024
(1) In any pharmacy
				staffed by a single pharmacist, the pharmacist shall take a meal/rest break for
				a period of up to 30 minutes per shift without closing the pharmacy and
				removing support personnel, provided the pharmacist reasonably believes that
				the security of prescription drugs will be maintained in the pharmacist's
				absence.
(2) The time of the
				meal/rest break will be conspicuously posted in clear view of patients
				approaching the prescription area.
(3) In the pharmacist's absence a sign
				indicating that no pharmacist is on duty will be conspicuously displayed in
				clear view of patients approaching the prescription area.
(4) The pharmacist will remain on the
				premises if the prescription area is to remain open, and be available for
				emergencies.
(5) When authorized by
				the pharmacist, only registered technicians and interns directly involved in
				the process of filling prescriptions may remain in the prescription department
				to perform nondiscretionary duties as delineated by the pharmacist.
(6) Upon returning, the pharmacist shall
				review any work performed in the pharmacist's absence.
(7) In the pharmacist's absence there may be
				no dispensing of new prescriptions that the pharmacist has checked and that are
				waiting to be picked up, nor may counseling be provided.
(8) At the discretion of the pharmacist,
				previously checked medication refills may be handed to patients or their agents
				by registered technicians in the pharmacist's absence, and the technicians must
				offer the patient counseling by the pharmacist. If the patient desires
				counseling, the patient may wait for the pharmacist to return or may leave a
				telephone number for the pharmacist to call upon return.
(9) Telephoned new prescriptions must not be
				accepted by support personnel in the pharmacist's absence.
(10) New hardcopy prescriptions may be
				accepted and processed by registered technicians in the pharmacist's absence.
				These prescriptions may not be dispensed until the pharmacist has performed
				prospective drug review and completed the final check.
(11) If two or more pharmacists are on duty,
				the pharmacists shall stagger their breaks so that the prescription department
				is not left without a pharmacist on duty.
(12) The pharmacist-in-charge shall develop
				written policies and procedures for operation of the prescription department in
				the temporary absence of the pharmacist.
AUTH:
					 37-7-201,
					 MCA; IMP:
					 37-7-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.501 - EXAMINATION FOR LICENSURE AS A REGISTERED PHARMACIST

Current through Register Vol. 13, July 5, 2024
(1) The board has selected the National
				Association of Boards of Pharmacy (NABP) licensure examination (NAPLEX) to be
				administered to candidates for licensure in Montana. The examination shall be
				prepared to measure the competence of the applicant to engage in the practice
				of pharmacy. A score of 75 shall be a passing score for this examination. A
				candidate who does not attain this score may retake the examination pursuant to
				NABP requirements.
(2) In addition,
				the NABP shall administer a multistate pharmacy jurisprudence examination
				(MPJE). This examination shall be prepared to measure the competence of the
				applicant regarding the statutes and rules governing the practice of pharmacy.
				A score of not less than 75 shall be a passing score for this examination. A
				candidate who does not attain this score may retake the examination after a
				30-day waiting period from the date of the exam.
(3) Pharmacy graduates from outside the 50
				states, the District of Columbia, or Puerto Rico, who seek certification of
				educational equivalency in order to sit for the North American pharmacist
				licensure examination must also complete the following:
(a) an interview before the Board of Pharmacy
				or its designee;
(b) 1500 hours of
				internship in the United States;
(c) receive a Foreign Pharmacy Graduate
				Examination Committee (FPGEC) Certification from NABP, which includes the
				following:
(i) Foreign Pharmacy Graduate
				Equivalency Examination (FPGEE);
(ii) Test of Spoken English (TSE); and
(iii) Test of English as a Foreign
				Language (TOEFL).
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.502 - TRANSFER OF LICENSE FROM ANOTHER STATE

Current through Register Vol. 13, July 5, 2024
(1) Applicants seeking a license on the basis
				of having taken the NAPLEX examination and then issued a license by another
				state shall submit the following information to the board:
(a) NABP transfer of licensure
				application;
(b) proof of passing
				examination score on the NAPLEX examination;
(c) verification of current licensure in good
				standing from all other states where licensed; and
(d) appropriate fees.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.503 - ADMINISTRATION OF VACCINES BY PHARMACISTS

Current through Register Vol. 13, July 5, 2024
(1) An
				immunization-certified pharmacist may prescribe and administer those
				immunizations listed in
				37-7-105,
				MCA, without a collaborative practice agreement in place, as required by the
				statute.
(2) An
				immunization-certified pharmacist must have a collaborative practice agreement
				with a practitioner authorized to prescribe drugs to administer immunizations
				not listed in
				37-7-105,
				MCA, to persons seven years of age or older, as provided in the most recent
				guidelines by vaccine and age group published by the U.S. Centers for Disease
				Control and Prevention (CDC) and as determined within a collaborative practice
				agreement; or, in the case of a public health emergency, a directive from the
				State Medical Officer of the Montana Department of Public Health and Human
				Services.
(3) An
				immunization-certified pharmacist, as defined in
				37-7-101,
				MCA, shall:
(a) provide a copy of the
				immunization certificate and current basic cardiopulmonary resuscitation (CPR)
				certification to the board for initial endorsement on license; and
(b) maintain documentation of immunization
				endorsement and current CPR certification on file at the practice
				site.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.504 - INACTIVE LICENSE

Current through Register Vol. 13, July 5, 2024
(1) A pharmacist
				may obtain an inactive license through a written request to the board, if the
				pharmacist holds an active Montana pharmacist license in good standing, and
				will not practice in Montana for the period of inactive licensure.
(2) A pharmacist with an inactive status of
				three years or less, whether or not the pharmacist has been in practice in
				another state, wishing to return to active status in Montana shall:
(a) submit a written request for status
				change to the board;
(b) pay
				either:
(i) the difference between the
				current inactive and active license renewal fees if the change occurs between
				renewal periods; or
(ii) the full
				active license renewal fee if the change occurs during the regular renewal
				period;
(c) certify
				that:
(i) no disciplinary action has been
				taken by any state or federal jurisdiction which would prevent or restrict the
				pharmacist's practice of the profession; and
(ii) the pharmacist has not surrendered any
				credential or privilege in the practice of the profession in lieu of or to
				avoid formal action;
(d)
				submit verification of active practice from the state(s) in which practice
				occurred; and
(e) provide proof
				that continuing education requirements for the period of inactive licensure
				have been satisfied.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.505 - PHARMACIST PRESCRIBING: GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to [SB 112 (1), L. 2023] and
				these rules, any pharmacist may independently prescribe.
(2) The pharmacist prescribing under this
				rule must obtain adequate information about the patient's health status to make
				appropriate decisions based on the applicable standard of care and the best
				available evidence. For each drug or device the pharmacist intends to
				prescribe, the pharmacist must maintain a patient assessment based on current
				clinical guidelines, best practice standards, or evidence-based research
				findings, as applicable.
(3) The
				pharmacist must document an appropriate follow-up care plan, including any
				monitoring parameters, as indicated by the patient assessment.
(4) The pharmacist must inquire about the
				identity of the patient's primary care provider or provider of record. If a
				provider is identified, the pharmacist must document the information and notify
				the provider at the earliest reasonable time following the prescribing of a
				drug or device.
(5) The pharmacist
				must maintain documentation adequate to justify the care provided, including,
				but not limited to the information collected as part of the patient assessment,
				the prescription record, any notification provided as required under this rule,
				and the follow-up care plan. Records must be made available for inspection by
				the board.
AUTH:
					 37-7-201, MCA; IMP: [Senate Bill
					 112 (2023)]
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.507 - MILITARY TRAINING OR EXPERIENCE

Current through Register Vol. 13, July 5, 2024
(1)
				Pursuant to
				37-1-145,
				MCA, the board shall accept relevant military training, service, or education
				toward the requirements for licensure by the Board of Pharmacy.
(2) Relevant military training, service, or
				education must be completed by an applicant while a member of either:
(a) United States Armed Forces;
(b) United States Reserves;
(c) state national guard; or
(d) military reserves.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.508 - 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.
(3) A new application submitted by a business
				entity is nonroutine when the specific business or facility location applying
				for licensure, not the entire corporation or parent company, meets any of the
				nonroutine criteria established by ARM 24.101.402.
(a) A change of ownership application is
				nonroutine when the new owner listed on the application meets any of the
				nonroutine criteria established ARM 24.101.402.
(b) A change of location application is
				routine, provided the applicant meets the requirements in ARM
				24.174.803, ARM
				24.174.1004, or ARM
				24.174.1207.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.509 - 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 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.510 - PRESCRIPTION REQUIREMENTS [Renumbered]

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 37-7-505,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.511 - LABELING FOR PRESCRIPTIONS [Renumbered]

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.177.512 - 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 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.512 - RECORDS OF DISPENSING [Renumbered]

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.177.513 - 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 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.513 - COPY OF PRESCRIPTION [Renumbered]

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-101,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.514 - TRANSFER OF PRESCRIPTIONS [Renumbered]

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.515 - EMERGENCY PRESCRIPTION REFILLS [Renumbered]

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.520 - PRESCRIPTION REQUIRED FOR SCHEDULE V [Renumbered]

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-102,
					 37-7-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.521 - RETURNED PRESCRIPTION [Renumbered]

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 37-7-1401,
					 MCA; IMP,
					 37-7-201,
					 37-7-1401,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.522 - ALTERNATE DELIVERY OF PRESCRIPTIONS [Renumbered]

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 37-7-301,
					 MCA;