Mont. Admin. R. tit. 24 | Mont. Admin. R. Title 24 — Labor and Industry

Chapter 24.1 Organizational Rule

Subchapter 24.1.1 Organizational Rule

Mont. Admin. R. 24.1.101 Organization of Department of Labor and Industry

(1) History and Purpose. The Department of Labor and Industry was implemented under the Executive Reorganization Act of 1971 by executive order of the Governor on December 13, 1971.

(2) Organization. The department is headed by the commissioner, appointed by the Governor as prescribed by Article XIII, section 2 of the Montana Constitution. The department is made up of five divisions. Four divisions are headed by an administrator, and the Technology Services Division is headed by the chief information officer (CIO). Each division is divided into bureaus headed by a chief. There are various entities attached to the department for administrative purposes as provided in 2-15-121, MCA.

(3) Structure. The department structure is as follows:

(a) Commissioner's Office. The commissioner is responsible for the administration of the department and its divisions.

(i) In addition to the divisions, the commissioner has certain staff that report directly to the commissioner and are independent of the divisions:

(A) Office of Legal Services. The Office of Legal Services provides legal advice and representation to the commissioner, the divisions, and the administratively attached entities.

(B) Office of Human Resources. The Office of Human Resources provides recruitment, classification, training, disciplinary, management, payroll, and collective bargaining support, guidance, and services to the department.

(C) Office of the Tribal Liaison. The Office of the Tribal Liaison provides outreach and coordination with Montana’s Native American tribes.

(ii) Office of Community Service. The office carries out the functions of the Montana Community Service Act. The office is administratively attached pursuant to Executive Order 07-95.

(iii) State Workforce Innovation Board. The board is responsible for advising the Governor on the creation, implementation, and continuous improvement of a comprehensive statewide workforce development system, designed to train the maximum number of unemployed and underemployed Montanans as possible.

(iv) Workers' Compensation Court. The Workers' Compensation Court, created by 2-15-1707, MCA, is attached to the department for administrative purposes only. The Workers' Compensation Court adopts rules separately.

(b) Divisions. The department consists of the following divisions:

(i) Centralized Services Division;

(ii) Employment Standards Division;

(iii) Technology Services Division;

(iv) Unemployment Insurance Division; and

(v) Workforce Services Division.

(4) Functions. The functions of the divisions, bureaus, boards, and commission of the department are as follows:

(a) Centralized Services Division: The Centralized Services Division provides supportive services to the department including budget, accounting, purchasing and information services functions. The division also provides administrative hearing officers to the department and various boards.

(i) Accounting Services Bureau. The bureau provides services to the department in areas of accounting, fiscal reporting, cash receipting and distributing, and internal controls.

(ii) Fiscal Management Bureau. The bureau provides services to the department in the areas of budget and financial management, and procurements including contracts for services and the purchasing of supplies and equipment.

(iii) Office of Administrative Hearings. The office provides neutral contested case hearings for departmental programs.

(b) Employment Standards Division. The Employment Standards Division provides a wide variety of services and regulation related to the work of Montanans. This includes issues involving workers' compensation coverage and claims, human rights claims, workplace safety and health, wage and hour claims, prevailing wage claims, public sector collective bargaining, occupational licensing, building codes, and weights and measures for commercial transactions.

(i) Building Codes and Commercial Weights and Measures Bureau.

(A) The Building Codes Program administers several programs, including:

(I) establishing and enforcing minimum building (including accessibility), plumbing, mechanical, electrical, energy, elevator, and boiler standards to safeguard the public in the design and construction of buildings;

(II) overseeing the Underground Facilities Protection Act, for incidents of damage to underground pipelines and cable.

(B) The Weights and Measures Program tests, inspects, calibrates, and investigates complaints for all commercial weighing and measuring devices used in commercial transactions in the state.

(ii) Compliance Bureau. The bureau provides oversight and regulation of Montana's workers' compensation system, administers and enforces public sector safety and health laws, and assists private sector businesses in achieving safe workplaces. The bureau audits and inspects businesses to ensure compliance with Montana's licensing, safety, sanitation, and employment laws. The bureau provides oversight of Montana prevailing wage laws.

(iii) Investigations and Mediation Bureau. The bureau conducts and reports on investigations for departmental programs, including human rights, occupational licensing, wage and hour, prevailing wage, and workers' compensation. The bureau conducts dispute resolution prior to contested case proceedings for programs, including human rights, wage and hour, and workers' compensation. The bureau processes occupational licensing disciplinary cases.

(iv) Operations Bureau. The bureau provides fiscal, operational, and technical support for the division. The bureau manages, analyzes, and reports on division data and engages in efforts to collect on judgments for division programs. The bureau provides essential customer service support and continuous improvements for the division.

(v) Professional and Occupational Licensing Bureau. The bureau oversees licensing of professionals engaged in professions and occupations relating to the licensing programs and attached occupational licensing boards. The bureau provides administrative support to the licensing boards. The bureau regulates and licenses construction blasters, boiler operating engineers, crane and hoisting operating engineers, and entities who engage in the business of selling, servicing, or installing fire prevention systems. The Montana Prescription Drug Registry is also located within this bureau.

(c) Technology Services Division: The Technology Services Division provides information technology services and support for the department including IT project management, application development, and network services.

(i) Application Services Bureau. The bureau supports the business application portfolio and is responsible for data reporting and analytics environment.

(ii) Project Management Bureau. The bureau consults on, reviews, and prioritizes information technology projects, and is responsible for managing and reporting on information technology projects through the project lifecycle.

(d) Unemployment Insurance Division: The Unemployment Insurance Division provides short-term economic assistance to eligible unemployed workers by administering Montana's unemployment insurance program in accordance with state law and federal guidelines.

(i) Unemployment Insurance Claims Processing Bureau. The bureau manages worker benefits for the unemployment insurance program. It assists customers who are unable to file claims online and processes, including fact-finding of all claims to determine if the claimant is eligible for unemployment insurance benefits.

(ii) Unemployment Insurance Contributions Bureau. The bureau manages employer tax for the unemployment insurance program. It is responsible for registering employers for unemployment insurance coverage, processing completed quarterly reports and payments, enforcing compliance, and responding to questions about unemployment insurance tax requirements.

(iii) Unemployment Insurance Program Support Bureau. The bureau manages unemployment benefit payment controls and overpayment collections, benefit accuracy measurement audits, fraud investigations, information requests, operations support and analysis, and budget and financial management for the Unemployment Insurance Appeals Board.

(e) Workforce Services Division: The Workforce Services Division is responsible for developing and maintaining a high-quality workforce system for the state of Montana that supports and enhances the economic health of the business community as well as to provide a prepared workforce.

(i) Business and Education Engagement Bureau. The bureau provides apprenticeship registration and oversight, administers the jobs for Montana graduates program, and provides business engagement, grants, educational opportunities, and career information and assistance.

(ii) Data and Operations Bureau. The bureau provides division-wide support for policy and federal reporting requirements and compiles, collects, analyzes, and shares labor market information.

(iii) Job Service Bureau. The bureau coordinates and guides the delivery of workforce development services in local communities.

(5) Administratively attached boards. The following boards are attached to the department for administrative purposes only. These boards adopt rules separately.

(a) The following boards are attached to the Employment Standards Division for administrative purposes only:

(i) Board of Personnel Appeals. The board governs public sector collective bargaining and considers state employee classification and compensation grievances. The board was established by 2-15-1705, MCA.

(ii) Human Rights Commission. The commission considers objections to human rights investigative reports and appeals of human rights contested case hearings. The commission was established by 2-15-1706, MCA.

(b) The following regulatory licensing boards are attached to the Employment Standards Division for administrative purposes only. Their purpose is to protect the health, safety, and welfare of Montanans by regulating the practices of the professions and occupations within their jurisdiction, included generally below, as well as the associated frameworks for licensure:

(i) Alternative Health Care Board. The board regulates naturopathic physicians and direct-entry midwives. The board was established by 2-15-1730, MCA.

(ii) Board of Architects and Landscape Architects. The board regulates architects and landscape architects. The board was established by 2-15-1761, MCA.

(iii) Board of Athletic Trainers. The board regulates athletic trainers. The board was established by 2-15-1771, MCA.

(iv) Board of Barbers and Cosmetologists. The board regulates salons, shops, schools, barbers, and cosmetologists. The board was established by 2-15-1747, MCA.

(v) Board of Behavioral Health. The board regulates social workers, professional counselors, marriage and family therapists, peer support specialists, and addiction counselors. The board was established by 2-15-1744, MCA.

(vi) Board of Chiropractors. The board regulates chiropractors. The board was established by 2-15-1737, MCA.

(vii) Board of Clinical Laboratory Science Practitioners. The board regulates clinical laboratory science practitioners. The board was established by 2-15-1753, MCA.

(viii) Board of Dentistry. The board regulates dentists, dental hygienists, and denturists. The board was established by 2-15-1732, MCA.

(ix) Board of Funeral Service. The board regulates morticians, crematory operators and technicians, crematories, and cemeteries. The board was established by 2-15-1743, MCA.

(x) Board of Massage Therapy. The board regulates massage therapy. The board was established by 2-15-1782, MCA.

(xi) Board of Medical Examiners. The board regulates physicians, nutritionists, osteopaths, acupuncturists, physician assistants, podiatrists, and emergency care practitioners. The board was established by 2-15-1731, MCA.

(xii) Board of Nursing. The board regulates nurses and approves nursing schools. The board was established by 2-15-1734, MCA.

(xiii) Board of Nursing Home Administrators. The board regulates nursing home administrators. The board was established by 2-15-1735.

(xiv) Board of Occupational Therapy Practice. The board regulates occupational therapists. The board was established by 2-15-1749, MCA.

(xv) Board of Optometry. The board regulates optometrists. The board was established by 2-15-1736, MCA.

(xvi) Board of Outfitters. The board regulates outfitters and guides. The board was established by 2-15-1773, MCA.

(xvii) Board of Pharmacy. The board regulates pharmacists, and pharmacy technicians, as well as control of distribution and dispensing of drugs and medical devices. The board establishes and maintains the Montana Prescription Drug Registry. The board was established by 2-15-1773, MCA.

(xviii) Board of Physical Therapy Examiners. The board regulates physical therapists. The board was established by 2-15-1748, MCA.

(xix) Board of Plumbers. The board regulates plumbers. The board was established by 2-15-1765, MCA.

(xx) Board of Professional Engineers and Professional Land Surveyors. The board regulates professional engineers and professional land surveyors. The board was established by 2-15-1763, MCA.

(xxi) Board of Psychologists. The board regulates psychologists, behavioral analysts, and behavioral analyst assistants. The board was established by 2-15-1741, MCA.

(xxii) Board of Public Accountants. The board regulates public accountants. The board was established by 2-15-1756, MCA.

(xxiii) Board of Radiologic Technologists. The board regulates radiologic technologists. The board was established by 2-15-1738, MCA.

(xxiv) Board of Real Estate Appraisers. The board regulates real estate appraisers. The board was established by 2-15-1758, MCA.

(xxv) Board of Realty Regulation. The board regulates real estate brokers, salespersons, property managers, and timeshare sales offerings. The board was established by 2-15-1757, MCA.

(xxvi) Board of Respiratory Care Practitioners. The board regulates respiratory care practitioners. The board was established by 2-15-1750, MCA.

(xxvii) Board of Speech-Language Pathologists and Audiologists. The board regulates speech-language pathologists and audiologists. The board was established by 2-15-1739, MCA.

(xxviii)State Electrical Board. The board regulates electricians. The board was established by 2-15-1764, MCA.

(xxix) Board of Veterinary Medicine. The board regulates veterinarians and technicians. The board was established by 2-15-1742, MCA.

(c) Unemployment Insurance Appeals Board. The board is attached to the Unemployment Insurance Division. It primarily serves as the appellate board for unemployment insurance disputes. The board was established by 2-15-1704, MCA.

(6) Information or Submissions. General inquiries regarding the department may be addressed to the commissioner. Specific inquiries regarding the function of each division may be addressed to the administrator of that division. All requests for hearings, declaratory rulings, and for participation in rulemaking may be addressed to the commissioner or the administrator unless the notice in the Montana Administrative Register makes specific provision for submission.

(7) Personnel Roster. Addresses for the commissioner and each division are as follows:

(a) Commissioner of Labor and Industry, Department of Labor and Industry, 1315 E. Lockey Street, P.O. Box 1728, Helena, MT 59624-1728.

(b) Administrator, Workforce Services Division, 1315 E. Lockey Street, P.O. Box 1728, Helena, MT 59624-1728.

(d) Administrator, Employment Standards Division, 301 S. Park Avenue, P.O. Box 1728, Helena, MT 59624-1728.

(e) Administrator, Centralized Services Division, 1315 E. Lockey Street, P.O. Box 1728, Helena, MT 59624-1728.

(f) CIO, Technology Services Division, 1315 E. Lockey Street, P.O. Box 1728, Helena, MT 59624-1728.

(g) Office of Community Service, 1301 E. Lockey Street, Suite 304, Helena, MT 59620.

(h) Workers' Compensation Court Judge, 1625 Eleventh Avenue, P.O. Box 537, Helena, MT 59624-0537.

(8) Chart of Agency Organization. Descriptive chart of the Department of Labor and Industry follows.

Official policy figure

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, Eff. 9/5/76; AMD, Eff. 7/6/79; AMD, Eff. 10/1/81; AMD, Eff. 10/28/83; AMD, Eff. 9/30/85; AMD, Eff. 5/30/86; AMD, Eff. 1/1/90; AMD, Eff. 7/1/95; AMD, Eff. 7/1/96; AMD, Eff. 7/1/97; AMD, Eff. 7/1/01; AMD, Eff. 7/31/07; AMD, Eff. 3/31/08; AMD, Eff. 9/30/08; AMD, Eff. 6/30/14; AMD, Eff. 9/30/16; AMD, Eff. 9/30/18; AMD, Eff. 6/30/24.

Chapter 24.2 Overall Department Rules

Subchapter 24.2.1 Procedural Rules

Mont. Admin. R. 24.2.101 Incorporation of Model Rules

(1) The Department of Labor and Industry has adopted the model rules proposed by the attorney general by reference to such rules as stated in ARM 1.3.211 through ARM 1.3.233 with the following exceptions:

(a) Model rule 25(1) (a) (ARM 1.3.230(1) (a) ) general provisions, subpoenas, is amended to read as follows:

"(i) Upon request of any party appearing, the agency shall issue subpoenas for witnesses or subpoenas duces tecum. Except as otherwise provided by statute, rule or regulation, witness fees and mileage shall be paid by the party requesting the issuance of the subpoena.

(ii) A party may request from the agency an order that the testimony of a material witness be taken by deposition. Fees and mileage are to be paid as determined by applicable statutes, rules or regulations."

(b) Model rule 19 (ARM 1.3.223) , contested cases, proposed orders, is amended to read as follows:

"If a majority of the officials of an agency who are to render the final order were not present at the hearing of a contested case or have not read the record, a proposed order, if adverse to a party to the proceeding other than the agency, including findings of fact and conclusions of law, shall be served upon the parties. An opportunity to file exceptions, present briefs and make oral argument to the officials who are to render the decision shall be granted to all parties adversely affected. If no appeal is taken within the time allotted by law, the decision of the hearing examiner shall be final."

(2)

(a) The reason for the amendment to model rule 25 is that in instances involving claimants for unemployment insurance benefits, the U.S. Department of Labor allows the department to pay witness fees.

(b) The reason for the amendment to model rule 19 is to allow the decision of the appointed hearing examiner to be the final order.

(3) Various programs administered by the department have special procedural rules required or permitted by the underlying legislation. In those programs which have special procedural rules that conflict with the model rules, the special procedural rules of the program supersede the general procedural rules of the department. Entities which are attached to the department for administrative purposes only adopt rules separately and are not bound by these general procedural rules.

History

Authorizing statute(s): 2-4-110, 2-4-201, MCA
Implementing statute(s): 2-4-201 MCA
History: NEW, Eff. 12/31/72; AMD, Eff. 10/26/77; AMD, 1978 MAR p. 1031, Eff. 7/28/78; AMD, 1996 MAR p. 1673, Eff. 7/1/96; AMD, 2022 MAR p. 907, Eff. 6/11/22.

Mont. Admin. R. 24.2.105 Rules of Discovery in Contested Cases

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-602, 39-3-202, MCA
Implementing statute(s): 2-4-602, 39-3-202, MCA
History: NEW, 1978 MAR p. 1031, Eff. 7/28/78; REP, 2022 MAR p. 907, Eff. 6/11/22.

Subchapter 24.2.3 Public Participation

Mont. Admin. R. 24.2.301 Policies and Objectives in Providing Public Participation in the Operation of the Department of Labor and Industry

(1) Participation of the public is to be provided for, encouraged, and assisted with to the fullest extent practicable, consistent with other requirements of state law, and the rights and requirements of personal privacy. The department invites and encourages public participation to better identify and meet customer needs. The major objectives of public participation include:

(a) greater responsiveness of governmental actions to public concerns and priorities; and

(b) improved public understanding of official programs and actions.

(2) The public is also advised that in accordance with 2-3-103, MCA, an opportunity for public comment on any public matter not on the agenda of the department's public meetings and that is within the department's jurisdiction is given. No action will be taken on these matters until proper notice has been given under the provisions of Montana law.

(3) Department employees shall make decisions based on what is best for the customer, both internal and external, within the parameters of applicable laws and administrative rules.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 2022 MAR p. 907, Eff. 6/11/22.

Mont. Admin. R. 24.2.305 Guidelines for Determination of Significant Interest to the Public

(1) The adoption, amendment, or repeal of any rule, regulation, standard, or statement of general applicability that implements, interprets, or prescribes law, or policy, procedure, or practice requirements of the department are considered matters of significant interest to the public and require notice and opportunity for public participation in the decision-making process.

(2) In all other cases, whether or not the decision is one of significant interest to the public will be determined by the person within the department who is proposing the decision, according to the following considerations:

(a) whether the decision regards a controversial matter;

(b) the number of persons who will be affected by the decision;

(d) whether a high level of public interest has been witnessed by the department.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, 2-4-101, 2-4-102, MCA
History: NEW, 2022 MAR p. 907, Eff. 6/11/22.

Mont. Admin. R. 24.2.309 Notice and Means for Public Participation

(1) If the department determines that significant interest to the public is involved, one or more of the following steps, as applicable, shall be taken to assist public participation in decision-making:

(a) a proceeding or hearing shall be held in compliance with the provisions of the Montana Administrative Procedure Act, Title 2, chapter, 4, MCA;

(b) a public hearing, after appropriate notice is given, shall be held pursuant to any other provision, state law, local ordinance, or regulation;

(c) a news release, legal advertisement, or other method of publication shall be given to news media within the area to be affected, including:

(i) department name;

(ii) name of department representative most familiar with the proposed action; and

(iii) address, e-mail address, telephone and fax numbers where interested persons may submit their data, views, or arguments, orally or in writing, concerning the proposed action.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, 2-3-104, MCA
History: NEW, 2022 MAR p. 907, Eff. 6/11/22.

Chapter 24.5 Office of the Workers' Compensation Judge (repealed)

Subchapter 24.5.1 Organizational Rule (REPEALED)

Mont. Admin. R. 24.5.101 Organizational Rule (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 7/1/75; ARM Pub. 6/30/79; AMD, Eff. 9/30/87; TRANS, from Admin., 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, Eff. 1/14/94; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, Eff. 3/31/02; AMD, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

History

Authorizing statute(s): 2-4-201, 39-71-2401, 39-71-2901, 39-71-2903, 39-71-2905, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2002 MAR p. 93, Eff. 1/18/02; REP, 2014 MAR p. 2829, Eff. 3/1/15.

Mont. Admin. R. 24.5.308 Joining Third Parties (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-71-2401, 39-71-2901, 39-71-2903, 39-71-2905, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.308, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.309 Intervention (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.309, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.310 Time and Place of Trial Generally (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; AMD, 1987 MAR p. 1618, Eff. 9/25/87; TRANS, from ARM 2.52.310, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2003 MAR p. 650, Eff. 4/11/03; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.311 Emergency Trials (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.311, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.312 Setting Time and Place of Trial by Stipulation or in Best Interests of the Court

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 2-4-201, MCA
Implementing statute(s): Sec. 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; PREV. Rule #, ARM 2.52.210; TRANS, from Admin. , 1989 MAR p. 2177, Eff. 12/22/89; REP, 2003 MAR p. 650, Eff. 4/11/03.

Mont. Admin. R. 24.5.313 Recusal

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1998 MAR p. 1281, Eff. 5/15/98; REP, 2014 MAR p. 2829, Eff. 3/1/15.

Mont. Admin. R. 24.5.314 Adjudication of Interim Benefit Claims Under 39-71-610, Mca (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-71-610, 39-71-2901, 39-71-2903, 39-71-2905, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.315 Pretrial Identification of Witnesses and Exhibits (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.316 Motions (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.316, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 921, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 1996 MAR p. 557, Eff. 2/23/96; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.317 Medical Records (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.317, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2001 MAR p. 153A, Eff. 3/1/01; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.318 Pretrial Conference, Pretrial Order, and Exhibits (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.318, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 1996 MAR p. 557, Eff. 2/23/96; AMD, 2003 MAR p. 650, Eff. 4/11/03; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.319 Amended Pleadings (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.320 Computation of Time (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.322 Depositions (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.322, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 675, Eff. 4/1/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.323 Interrogatories (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.323, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 921, Eff. 5/1/92; AMD, 1994 MAR p. 675, Eff. 4/1/94; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.324 Request for Production (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.324, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 675, Eff. 4/1/94; AMD, 1996 MAR p. 557, Eff. 2/23/96; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.325 Limiting Discovery (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.325, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1994 MAR p. 675, Eff. 4/1/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.326 Failure to Make Discovery--Sanctions (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.326, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.327 Default (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-71-2901, 39-71-2903, 39-71-2905, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.329 Summary Judgment (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1996 MAR p. 557, Eff. 2/23/96; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.330 Requests to Vacate, Put in Abeyance, or Reset Trial (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.330, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.331 Subpoena (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.331, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 675, Eff. 4/1/94; AMD, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2002 MAR p. 93, Eff. 1/18/02; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.332 Conduct of Trial (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.332, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.333 Informal Disposition (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; PREV. Rule #, ARM 2.52.219; TRANS, from Admin., 1989 MAR p. 2177, Eff. 12/22/89; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.334 Settlement Conference or Mediation (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.334, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.335 Bench Rulings (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.335, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.336 Trial Briefs and Proposed Findings of Fact and Conclusions of Law (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.336, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1996 MAR p. 557, Eff. 2/23/96; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.337 Motion for Reconsideration (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1998 MAR p. 2167, Eff. 8/14/98; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.340 Masters and Examiners-Procedure-Recommendations for Bench Orders (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.340, 1989 MAR p. 2117, Eff. 12/22/89; AMD, 1994 MAR p. 675, Eff. 4/1/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.342 Taxation of Costs (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1996 MAR p. 557, Eff. 2/23/96; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.343 Attorney Fees (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1985 MAR p. 107, Eff. 2/1/85; AMD, 1986 MAR p. 774, Eff. 5/16/86; TRANS, from ARM 2.52.343, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 1996 MAR p. 557, Eff. 2/23/96; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.344 Petition for New Trial and/or Request for Amendment to Findings of Fact and Conclusions of Law (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; AMD, 1985 MAR p. 107, Eff. 2/1/85; AMD, 1986 MAR p. 774, Eff. 5/16/86; TRANS, from ARM 2.52.344, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.345 Writ of Execution (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1992 MAR p. 922, Eff. 5/1/92; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.346 Stay of Judgment Pending Appeal (repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 675, Eff. 4/1/95; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.348 Certification of Decisions, Appeals to Supreme Court (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, 39-71-2904, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; AMD, 1987 MAR p. 1618, Eff. 9/25/87; TRANS, from ARM 2.52.348, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1996 MAR p. 557, Eff. 2/23/96; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.349 Rules Compliance (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.349, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.350 Appeals to Workers' Compensation Court Under Title 39, Chapters 71 and 72, Mca (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.350, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 675, Eff. 4/1/94; AMD, 1996 MAR p. 557, Eff. 2/23/96; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.351 Declaratory Rulings (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.351, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1994 MAR p. 675, Eff. 4/1/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.352 Reference to Montana Rules of Civil Procedure (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-71-2901, 39-71-2903, 39-71-2905, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2014 MAR p. 2829, Eff. 3/1/15; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.353 Withdrawal of Attorney (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-71-2901, MCA
History: NEW, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Mont. Admin. R. 24.5.359 Notice of Representation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 2-4-201 MCA
Implementing statute(s): Sec. 2-4-201, 39-71-2901 MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83, TRANS, from Admin. , 1989 MAR p. 2177, Eff. 12/22/89, REP, 1990 MAR p. 847, Eff. 5/1/90.

Mont. Admin. R. 24.5.360 Review (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201 MCA
Implementing statute(s): 2-4-201, 39-71-2901 MCA
History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; PREV. Rule #, ARM 2.52.231; TRANS, from Admin., 1989 MAR p. 2177, Eff. 12/22/89; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-51-1109, 39-51-2404, 39-51-2407, MCA
History: Eff. 12/31/72; AMD, 1985 MAR p. 1562, Eff. 10/18/85; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11; REP, 2022 MAR p. 52, Eff. 1/15/22.

Mont. Admin. R. 24.7.302 General Rules Governing Appeals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-103, MCA
Implementing statute(s): 2-4-103, MCA
History: Eff. 12/31/72; AMD, 1985 MAR, p. 1562, Eff. 10/18/85; REP, 2008 MAR p. 628, Eff. 4/11/08.

Mont. Admin. R. 24.7.303 Definitions

(1) The board incorporates by reference and adopts all definitions set forth in ARM Title 24, chapter 40 and Title 39, chapter 51, MCA, unless context clearly indicates otherwise.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-51-1109, 39-51-2404, MCA
History: Eff. 12/31/72; AMD, 1985 MAR p. 1562, Eff. 10/18/85; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2022 MAR p. 52, Eff. 1/15/22; AMD, 2024 MAR p. 727, Eff. 4/13/24; AMD, 2024 MAR p. 2060, Eff. 8/24/24.

Mont. Admin. R. 24.7.304 Filings with the Board

(1) If an interested party is required, or permitted, to file documents, the interested party must file the documents with the board using one of the following methods and addressing the documents to the board:

(a) mail filings to P.O. Box 8020, Helena, MT 59624-8020;

(b) hand deliver filings to 1315 Lockey Avenue, Helena, MT 59601;

(d) any other method permitted by the department.

(2) A document is filed on the date the board receives it. It is the filing party's responsibility to ensure that the board receives all documents timely.

(3) An interested party may submit written argument for the board's consideration. The interested party must file the written argument with the board no later than five business days from the date of the scheduled review proceeding.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-51-1109, 39-51-2404, 39-51-2407, MCA
History: Eff. 12/31/72; AMD, 1985 MAR p. 1562, Eff. 10/18/85; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2022 MAR p. 52, Eff. 1/15/22; AMD, 2024 MAR p. 727, Eff. 4/13/24.

Mont. Admin. R. 24.7.305 Board Review Procedure

(1) After receiving a notice of appeal, the board will issue written notice of the date, time, and place of the board review. The notice will be sent to all interested parties at least ten days prior to the board's review by regular mail. Interested parties are responsible for giving the board the party's current contact information.

(2) The board will conduct its review proceeding informally and may choose to hold a review in person or remotely at its discretion. The board will consider and decide all issues relevant to an appeal when consideration does not conflict with other rules in ARM Title 24, chapter 7.

(3) Either party to the appeal before the board may appear at any board proceeding on the party's own behalf or may be represented by an attorney or through an authorized lay representative. Lay representatives may not be paid for representation unless:

(a) the lay representative is employed by the claimant's labor union;

(b) the lay representative is an employee of the employer;

(c) the lay representative is a third-party administrator for an employer or group of employers receiving regular wages for the representation; or

(d) it is in the interest of justice at the board's sole discretion.

(4) At the scheduled date and time of the board proceeding, the board will make two attempts to reach each interested party at the telephone number(s) provided. If the board is unable to reach a party and/or the party fails to appear or make a request to continue, the board will proceed with the review and make its determination under ARM 24.7.306.

(5) If an interested party notifies the board that the party will be unable to attend the scheduled review, and asks to continue the review, the board or board chair may continue the hearing if continuance is either fair to the parties or it allows a party to provide necessary evidence or argument to the board.

(6) If the board chair reschedules a review, such review must occur no later than 60 days from the date of the originally scheduled review. Notice of this review must follow the requirements of (1).

(7) If the board finds that it needs more evidence to make its decision, it may remand the case to the appeals referee. The board must promptly notify the interested parties of such action.

(8) The rules of evidence and civil procedure are not binding in board administrative proceedings for unemployment insurance matters.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-51-1109, 39-51-2404, 39-51-2407, MCA
History: Eff. 12/31/72; AMD, 10/4/76; AMD, 1985 MAR p. 1562, Eff. 10/18/85; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2022 MAR p. 52, Eff. 1/15/22; AMD, 2024 MAR p. 727, Eff. 4/13/24.

Mont. Admin. R. 24.7.306 Determination of Appeals

(1) The board will consider, as it deems appropriate, such records or portions of those records which the department transmitted on appeal as required under 39-51-2404, MCA. The board will also consider interested parties' timely filed written arguments and any oral arguments of the parties which appear before the board at the time of the review proceeding.

(2) The board will review the appeals referee's decision for errors of law or fact and will determine whether the appeals referee's decision was based upon substantial evidence.

(3) The board will only consider new evidence to determine whether an interested party timely filed an appeal to the board. A party must submit new evidence by both filing it with the board and sending a copy to all interested parties no later than five business days before the scheduled review proceeding. The evidence must be the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(4) As soon as possible after the hearing, the board will decide whether to remand, reverse, modify, or affirm the decision of the appeals referee. Written notice of the board's action will be mailed to all interested parties.

(5) If a party fails to appear at the board proceeding and that party does not show good cause for continuance, the board must make its decision based on the record, written argument submitted, and argument of parties in attendance.

(6) Inability of the board to achieve a favorable vote regarding an appeal will result in affirming the decision of the appeals referee.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-51-310, 39-51-1109, 39-51-2404, 39-51-2407, MCA
History: Eff. 12/31/72; AMD, 1985 MAR p. 1562, Eff. 10/18/85; AMD, 1995 MAR p. 1045, Eff. 6/16/95; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2022 MAR p. 52, Eff. 1/15/22; AMD, 2024 MAR p. 727, Eff. 4/13/24.

Mont. Admin. R. 24.7.307 Witness Fees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; REP, 2008 MAR p. 628, Eff. 4/11/08.

Mont. Admin. R. 24.7.308 Board Member Disqualifications

(1) Either a board member or an interested party may seek to disqualify a board member from reviewing an appeal proceeding.

(2) A board member must be disqualified from the review of an appeal proceeding if:

(a) that member's private interest would conflict with their public duty;

(b) it is an appeal of that member's unemployment insurance matter; or

(3) Any interested party seeking to disqualify a board member from reviewing an appeal proceeding must, within five business days, file a written motion made in good faith, along with a supporting affidavit. The motion must include the reason the filing party believes the member should be disqualified and any evidence to support the included reasons.

(a) The interested party seeking disqualification must send the motion and affidavit to all other interested parties' address(es) of record at least five business days before any related scheduled board proceeding.

(b) If the interested party seeking disqualification fails to follow the requirements of this rule, the board will dismiss the motion.

(c) If the interested party not seeking disqualification does not file a response to the motion and send it to both the board and the other party at least two calendar days before the scheduled proceeding, the party not seeking disqualification waives the opportunity to provide a response.

(d) When the board receives the filed motion, supporting affidavit, and any written response, it will consider the motion to challenge a board member at the scheduled board proceeding and either enter an order of recusal or decline the member's disqualification.

(e) Filings under this rule must comply with ARM 24.7.304.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 2-15-1704, MCA
History: Eff. 12/31/72; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2022 MAR p. 52, Eff. 1/15/22; AMD, 2024 MAR p. 727, Eff. 4/13/24.

Mont. Admin. R. 24.7.309 Appeals Decisions to Be Filed

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-103 MCA
Implementing statute(s): 2-4-103 MCA
History: Eff. 12/31/72; REP, 2022 MAR p. 52, Eff. 1/15/22.

Mont. Admin. R. 24.7.310 Benefit Determination Notice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; REP, 2008 MAR p. 628, Eff. 4/11/08.

Mont. Admin. R. 24.7.311 Benefit Appeal Notice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201 MCA
Implementing statute(s): 2-4-201 MCA
History: Eff. 12/31/72; REP, 2022 MAR p. 52, Eff. 1/15/22.

Mont. Admin. R. 24.7.312 New Material Before the Board (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-51-2404, 39-51-2407, MCA
History: Eff. 12/31/72; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2022 MAR p. 52, Eff. 1/15/22; REP, 2024 MAR p. 727, Eff. 4/13/24.

Mont. Admin. R. 24.7.313 Official Notice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, Eff. 10/4/76; AMD, 2007 MAR p. 1325, Eff. 9/7/07; REP, 2022 MAR p. 52, Eff. 1/15/22.

Mont. Admin. R. 24.7.314 Board Review

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, Eff. 10/4/76; REP, 2008 MAR p. 628, Eff. 4/11/08.

Mont. Admin. R. 24.7.315 Standards and Procedures for Reconsideration of Decisions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-51-1109, 39-51-2404, 39-51-2407, MCA
History: NEW, 1983 MAR p. 1464, Eff. 10/14/83; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11; REP, 2022 MAR p. 52, Eff. 1/15/22.

Mont. Admin. R. 24.7.316 Interested Party

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 39-51-1109, 39-51-2404, MCA
History: NEW, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11; REP, 2022 MAR p. 52, Eff. 1/15/22.

Mont. Admin. R. 24.7.320 Substitute Board Member

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-15-124, 2-15-1704, 39-51-301, 39-51-2405, MCA
History: NEW, 2011 MAR p. 573, Eff. 4/15/11; REP, 2022 MAR p. 52, Eff. 1/15/22.

Chapter 24.8 Human Rights Bureau

Subchapter 24.8.1 Organizational Rules

Mont. Admin. R. 24.8.101 Purpose and Scope of Rules -- Effect of Partial Invalidity

(1) The purpose of the rules in this chapter is to describe the procedures followed by the Department of Labor and Industry's Human Rights Bureau and the Office of Administrative Hearings in administering complaints of discrimination filed pursuant to the Montana Human Rights Act (act) and the Governmental Code of Fair Practices (code) contained in Title 49, chapters 2 and 3, MCA.

(2) The Human Rights Bureau and the Office of Administrative Hearings will construe the provisions of the act, the code, and these rules with a view to effect their objects and to promote justice. A principal objective of the act and code is to assure that there will be no discrimination in certain areas of the lives of Montana citizens, except under the most limited of circumstances.

(3) In construing the provisions of the act and code, the Human Rights Bureau and the Office of Administrative Hearings will refer to federal civil rights case law where it is both useful and appropriate and does not conflict with the purposes and intentions of state law.

(4) If a part of these rules is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of these rules is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid application or applications.

(5) Parties who assign error for the violation of any rule have the burden to demonstrate that a failure to comply with these rules is in fact prejudicial or constitutes prejudice as a matter of law.

(6) Where strict adherence to these rules would cause undue hardship or create a substantial injustice to a party, the Human Rights Bureau and the Office of Administrative Hearings may modify, waive, or excuse their application unless required by statute or due process of law.

(7) Parties who choose not to be represented by counsel and who represent themselves must substantially comply with the provisions of these rules, subject to the provisions of (6). The Human Rights Bureau and the Office of Administrative Hearings may modify the strict application of these rules to an unrepresented party to the extent they are not mandatory to assure fundamental fairness.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): Title 49, ch. 2 and ch. 3, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.103 Definitions

The following definitions apply throughout this chapter:

(1) "Act" means the Human Rights Act, Title 49, chapter 2, MCA.

(2) "Aggrieved party" means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, and who has been specially and injuriously affected by, or is likely to be a victim of a violation of the act or code, as defined in 49-2-101, MCA.

(3) "Charging party" means a person who files a discrimination complaint with the Human Rights Bureau or a federal agency with whom the Human Rights Bureau has a work-sharing agreement.

(4) "Code" means the Governmental Code of Fair Practices,

Title 49, chapter 3, MCA.

(5) "Commission" means the Human Rights Commission, a quasi-judicial board as established by 2-15-1706, MCA.

(6) "Commissioner" means the commissioner of the Department of Labor and Industry.

(7) "Contested case" means proceedings before the Office of Administrative Hearings to determine the legal rights, duties, and privileges of the parties.

(8) "Department" means the Department of Labor and Industry.

(9) "Hearing officer" means an administrative law judge appointed by the Office of Administrative Hearings to preside over contested case proceedings.

(10) "Office of Administrative Hearings" means the organizational unit of the department that conducts contested case proceedings after the Human Rights Bureau has issued a reasonable cause finding on a complaint of discrimination.

(11) "Human Rights Bureau" means the organizational unit of the department that informally investigates and seeks resolution to complaints of unlawful discrimination.

(12) "Notice of dismissal and right to sue" means a document provided to the charging party by the Human Rights Bureau indicating that charging party has completed the department's administrative process and can file a discrimination action in district court pursuant to 49-2-511, MCA.

(13) "Reasonable cause" means that based on an informal investigation a preponderance of the evidence supports a finding of unlawful discrimination.

(14) "Respondent" means any person against whom a complaint is filed.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): Title 49, ch. 2 and ch. 3, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.105 Applicability of Commission Rules

(1) In discharging their responsibilities, the Human Rights Bureau and the Office of Administrative Hearings will apply the interpretive rules of the commission contained in ARM Title 24, chapter 9.

History

Authorizing statute(s): 49-2-204, MCA
Implementing statute(s): 49-2-204, 49-2-205
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.107 Record Keeping Requirements for Employers

(1) All employers, labor organizations, employment agencies, and government agencies shall maintain records pursuant to 49-2-102, MCA, and 42 USCA 2000e-8(c) and (d).

(2) All personnel records made or kept by an employer, including but not necessarily limited to, application forms and other records related to hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation and selection for training or apprenticeship, shall be preserved for two years from the date the record is made or from the date of the personnel action involved, whichever occurs later.

(3) If a discrimination complaint is filed, the respondent shall preserve all personnel records relevant to the complaint until final disposition of the complaint. Personnel records relevant to a complaint include personnel records relating to the charging party and application forms or test papers completed by an unsuccessful applicant and all other candidates for the same position.

(4) Labor organizations shall preserve membership or referral records, including applications for membership or referral, for two years from the date the records are made. If a discrimination complaint is filed, a labor organization shall preserve all records relevant to the complaint until final disposition of the complaint.

History

Authorizing statute(s): 49-2-204, MCA
Implementing statute(s): 49-2-102, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02.

Subchapter 24.8.2 Complaints and Investigations

Mont. Admin. R. 24.8.201 Filing of Complaints

(1) A complaint may be filed with the Human Rights Bureau by or on behalf of any aggrieved party. Complaints must be filed with the Human Rights Bureau by mail addressed to the Human Rights Bureau, P.O. Box 1728, Helena, MT 59624-1728; personal delivery to 33 South Last Chance Gulch, Suite 2B, Helena, MT 59601; or fax to (406) 443-3234.

(2) A complaint must be filed within 180 days after the alleged act of discrimination occurred or was discovered.

(3) A complaint is considered to be filed on the date it is received by the Human Rights Bureau, either by mail, hand-delivery, or facsimile. If the last day of the time limit falls upon a Saturday, Sunday, legal holiday, or the department offices are closed on such day, the time limit will run until the end of the next day when the department offices are open.

(a) In the case of a complaint which is deferred or transmitted to the Human Rights Bureau by any government agency pursuant to any agreement entered into between the agency and the department, the complaint is deemed filed for the purpose of determining the timeliness of a complaint pursuant to 49-2-501, MCA, as of the date it was filed with the agency which deferred or transmitted the complaint. The time period the Human Rights Bureau has to complete its informal investigation pursuant to 49-2-504, MCA, or for the commission or the department's Office of Administrative Hearings to conduct a hearing pursuant to 49-2-512, MCA, runs from the date the complaint is transferred by the deferring governmental agency to the Human Rights Bureau.

(4) When the department has reason to believe that a person is or has been engaging in a discriminatory practice in violation of the act, the commissioner may file a complaint on behalf of the department pursuant to 49-2-210(1), MCA. A complaint filed by the commissioner may seek relief authorized by law for any and all persons adversely affected by the practice or actions.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-210, 49-2-501, 49-2-504, 49-3-315, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08; AMD, 2017 MAR p. 91, Eff. 1/7/17.

Mont. Admin. R. 24.8.203 Form of Complaints

(1) A complaint is a written document filed with the Human Rights Bureau. An aggrieved party or a person filing on behalf of an aggrieved party may draft and file a complaint. Except as provided in (2), a complaint must contain, at a minimum, the following information:

(a) full name, address and telephone number, if any, of the person making the complaint (hereinafter referred to as charging party);

(b) full name, address and telephone number, if any, of the person against whom the complaint is made (hereinafter referred to as respondent);

(c) a clear and concise statement of the facts, including pertinent dates, constituting the alleged unlawful discriminatory practice; and

(d) the verified signature of the charging party.

(2) For the purpose of timely filing, any signed written statement received by mail, hand-delivery, or facsimile may be deemed a complaint if it sufficiently identifies parties and describes the actions being complained of. Such complaint may be verified by amendment after initial filing.

(3) The Human Rights Bureau will notify the charging party of the obligation to submit a verified complaint. If the charging party does not submit a verified complaint, the bureau will dismiss the complaint.

(4) If the charging party does not allege facts sufficient to constitute a short and plain statement of the claim showing that the charging party is entitled to relief under Title 49, chapters 2 and 3, MCA, the Human Rights Bureau will notify the charging party that the department will not informally investigate the complaint unless the charging party amends the complaint to state a valid claim.

(5) Any person may file a complaint on behalf of any person claiming to be aggrieved if the person is the aggrieved party's guardian, attorney, or duly authorized representative or an advocacy group, labor organization, or other organization acting as an authorized representative. The person making the complaint must provide the name and address of the person on whose behalf the charge is made. During its investigation, the Human Rights Bureau will verify the authorization of such complaint by the person(s) on whose behalf the complaint is made. If the person on whose behalf the complaint is filed indicates in writing that he or she does not wish the complaint processed, the Human Rights Bureau shall dismiss the complaint.

(6) A person wishing to file a complaint on behalf of a class must identify a representative for the members of a class. This representative must adequately reflect the interests of the members. As part of the informal investigation, the Human Rights Bureau will notify the respondent or respondents that the complaint was filed on behalf of a class, but the Human Rights Bureau will not rule on class status.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-205, 49-2-501, 49-2-504, 49-3-315, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08; AMD, 2017 MAR p. 91, Eff. 1/7/17.

Mont. Admin. R. 24.8.205 Intake Procedure

(1) A person seeking to file an unlawful discrimination complaint may contact the Human Rights Bureau by mail or telephone. The Human Rights Bureau may provide consultation and assistance in filing a complaint through intake. If a person sets forth sufficient information to indicate a viable complaint under the laws enforced by the Human Rights Bureau, the bureau may draft a complaint for the person's consideration. A complaint drafted by the bureau is not deemed filed until it is signed and returned pursuant to ARM 24.8.203.

(2) Any information or assistance provided to a potential charging party who contacts the Human Rights Bureau must be offered objectively and impartially pursuant to 49-2-205, MCA.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-205, 49-3-315, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08; AMD, 2017 MAR p. 91, Eff. 1/7/17.

Mont. Admin. R. 24.8.207 Notice of Filing of Complaints

(1) Within ten business days of the filing of a complaint, the Human Rights Bureau shall serve notice of filing upon the parties by mail. The notice shall:

(a) acknowledge the filing of the complaint and state the date that the complaint was filed;

(b) include a copy of the complaint;

(d) in cases filed pursuant to 49-2-305, MCA (housing cases), advise the parties of their right to commence a civil action under 49-2-510(4)(a), MCA, in an appropriate district court, not later than two years after an alleged unlawful discriminatory practice under 49-2-305, MCA, occurred or was discovered or within two years of the breach of a conciliation agreement entered into under 49-2-504(1)(a), MCA. The notice shall state that the computation of this two-year period excludes any time during which a proceeding is pending under 49-2-510, MCA, with respect to a complaint based on the alleged discriminatory housing practice. The notice shall also state that the time period includes the time during which an action arising from a breach of a conciliation agreement is pending;

(e) in cases filed pursuant to 49-2-303, MCA (employment cases), advise the parties of the respondent's obligation to preserve all personnel records relevant to the complaint until the final disposition of the complaint, pursuant to ARM 24.8.107;

(f) advise the parties of their right to receive a copy of all other information submitted with the complaint and during the investigation and right to review their file subject to the provisions of ARM 24.8.210; and

(g) advise the parties that retaliation against any person because the person made a complaint or testified, assisted or participated in an investigation, a conciliation, or an administrative proceeding, is a discriminatory practice that is prohibited under 49-2-301, MCA.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-301, 49-2-303, 49-2-305, 49-2-504, 49-2-510, 49-3-315, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.210 Confidentiality and Release of Information

(1) There is a compelling state interest in the elimination of illegal discrimination in Montana pursuant to Art. II, sec. 4 of the Montana Constitution (1972). In some cases, the interest of a person in viewing material related to a complaint or gathered as part of the investigation will compete with individual privacy interests. In order to balance these interests, the Human Rights Bureau will take the following steps upon receiving a request for information:

(a) When a person requests information or materials for which an individual right of privacy has been asserted or might be asserted, the Human Rights Bureau will contact the parties and provide them an opportunity to object to the release of this information.

(b) If there is an objection to the release of information, the Human Rights Bureau will promptly advise the requestor that the requestor may file a written request for review of the objection to release.

(c) Upon receipt of a written request for review, the Human Rights Bureau shall immediately refer the request to the Office of Administrative Hearings, and the Office of Administrative Hearings will promptly provide the parties an opportunity to be heard.

(i) A party that has provided information to the department about a nonparty may assert a privacy interest on behalf of a nonparty.

(ii) The Human Rights Bureau may assert an interest in delaying the release of information until the completion of its informal investigation if the release of information would threaten the integrity of a pending investigation.

(2) The department may restrict disclosure of information regarding complaints alleging violations of federal law which are within the jurisdiction of the department because of work sharing arrangements with federal agencies, pursuant to provisions of federal law.

(3) All voluntary resolution agreements are public information except to the extent that they relate to privacy interests protected by law. A governmental entity does not have a privacy interest in any settlement or conciliation agreement.

(4) A hearing officer's decision regarding the release of information is considered the final agency decision for the purpose of judicial review pursuant to the Montana Administrative Procedure Act.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-702, 49-2-501, 49-2-504, 49-2-505, 49-2-506, 49-2-510, 49-3-315, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.212 Informal Investigation by the Department

(1) The Human Rights Bureau has the authority to gather sufficient information to allow a thorough scrutiny of the circumstances surrounding complaints of discrimination through an informal investigation. The investigation shall be conducted in a fair and impartial manner. The Human Rights Bureau will utilize methods such as written information requests and telephone and personal interviews to obtain information in the course of the informal investigation.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-205, 49-2-504, 49-3-315, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.214 Investigative Subpoenas

(1) Pursuant to 49-2-203, MCA, the Human Rights Bureau may request that the commissioner issue subpoenas relating to a matter under investigation in order to further the department's informal investigation.

History

Authorizing statute(s): 49-2-204, MCA
Implementing statute(s): 49-2-203, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2017 MAR p. 91, Eff. 1/7/17.

Mont. Admin. R. 24.8.216 Effect of Failure to Cooperate with Investigation

(1) When a party refuses to comply with a request by the Human Rights Bureau for information or evidence reasonably necessary for the investigation, the Human Rights Bureau may take either or both of the following actions to complete its investigative responsibilities:

(a) request the commissioner to issue a subpoena; and

(b) draw an adverse inference against the unresponsive party as to the evidence sought.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-504, 49-3-315, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.220 Finding of Reasonable Cause or No Reasonable Cause and Final Investigative Report

(1) Within 120 days (for cases filed pursuant to 49-2-305, MCA) or 180 days (for all other cases, pursuant to 49-2-504, MCA), the Human Rights Bureau will conclude its informal investigation by issuing a written finding in a final investigative report. The finding will include a brief statement of the reasons for the Human Rights Bureau's conclusions and will be mailed to all parties.

(a) If any or all of the allegations of discrimination contained in the complaint are supported by a preponderance of the evidence, the Human Rights Bureau will issue a finding of reasonable cause and the complaint will be certified for hearing, pursuant to 49-2-505, MCA.

(b) If none of the allegations of discrimination in the complaint are supported by a preponderance of the evidence, if the Human Rights Bureau determines that the complaint is untimely, or if the Human Rights Bureau determines that it lacks jurisdiction over the complaint, the department will issue a finding of no reasonable cause. A finding of no reasonable cause will be accompanied by a notice of dismissal and right to sue in accordance with ARM 24.8.403. After a receipt of a notice of dismissal and right to sue, a charging party may continue the administrative process by filing objections with the commission or discontinue the administrative process and commence proceedings in district court as provided in 49-2-511, MCA.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-305, 49-2-504, 49-2-505, 49-2-511, 49-3-315, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Subchapter 24.8.3 Conciliation and Settlement

Mont. Admin. R. 24.8.301 Voluntary Resolution Agreements

(1) The Human Rights Bureau may undertake efforts to achieve a voluntary resolution of the case with the parties. Any voluntary resolution of the complaint agreed to by the parties before the Human Rights Bureau begins its informal investigation is referred to as a mediation agreement. Any voluntary resolution of a complaint agreed to by the parties after the investigation has begun and before the Human Rights Bureau issues a finding on the merits of the claim is referred to as a settlement agreement. Any voluntary resolution agreed to after the Human Rights Bureau issues a reasonable cause finding is referred to as a conciliation agreement.

(2) Any voluntary resolution agreement reached while the complaint is pending in the administrative process, whether mediated by the Human Rights Bureau or agreed to by the parties independently, is subject to the provisions of this rule.

(3) If the Human Rights Bureau issues a reasonable cause finding, it shall attempt to resolve the case through conciliation. During conciliation, the Human Rights Bureau may require affirmative relief provisions to eliminate the discriminatory practice confirmed in the informal investigation. Such affirmative relief provisions may include any remedy which could be ordered by the Office of Administrative Hearings. If conciliation is not possible, the Human Rights Bureau shall inform the parties in writing that the conciliation period is concluded and certify the case for hearing, pursuant to 49-2-505, MCA.

(4) No statement made by any party in the course of voluntary resolution discussions will be admissible in any hearing held concerning the complaint except as provided for by Rule 408, M.R.Evid. Agreement to a voluntary resolution of a case does not necessarily constitute an admission of violation of any law by the respondent.

(5) A voluntary resolution agreement reached by the parties must be in writing, signed by the parties, and approved by the Human Rights Bureau. Dismissal of a case based on a voluntary resolution agreement shall constitute the end of the administrative process.

(6) A voluntary resolution agreement may include terms for monitoring compliance with the agreement, not to extend beyond one year from the date of the agreement.

(7) The parties must inform the Human Rights Bureau of all terms of any voluntary resolution agreement entered into while the complaint is pending in the administrative process. In addition, the parties must inform the Human Rights Bureau of all terms of any voluntary resolution entered into after a final agency decision has been issued.

(8) The Human Rights Bureau may refuse to approve a voluntary resolution agreement which does not resolve all allegations or remedies for all persons or groups affected by the alleged discrimination. Alternatively, the Human Rights Bureau may treat a voluntary resolution agreement which does not resolve all allegations or remedies for all persons or groups affected by the alleged discrimination as a withdrawal in accordance with ARM 24.8.401, and may initiate the complaint as a commissioner complaint for further proceedings.

(9) A conciliation agreement may be enforced by the commissioner, the Human Rights Bureau, or by any party in the same manner as a final order of the department by seeking appropriate orders in the district court, pursuant to 49-2-508, MCA.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-504, 49-2-505, 49-2-508, 49-3-315, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Subchapter 24.8.4 Dismissal and Appeal

Mont. Admin. R. 24.8.401 Withdrawal of Complaint During the Informal Investigation

(1) Any person who has filed a complaint with the Human Rights Bureau or any person on whose behalf a complaint has been filed may make a request in writing that the complaint be withdrawn. This request may be made at any time before a finding is issued and must be approved by the Human Rights Bureau. Upon approval by the Human Rights Bureau, withdrawal of a complaint completes the administrative process.

(2) If the withdrawal is based on a private settlement agreement, a copy of the agreement must accompany the request. Private settlement agreements submitted as the basis for withdrawal are subject to the provisions of ARM 24.8.301 until completion of the administrative process.

(3) The Human Rights Bureau may dismiss the complaint upon receipt of a written request for withdrawal of a complaint and approval of that request, except for those parts which the commissioner may initiate as a commissioner complaint.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-210, 49-2-501, 49-2-504, 49-3-315, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.403 Dismissal by the Human Rights Bureau

(1) The Human Rights Bureau shall conclude the department's administrative proceedings and issue a notice of dismissal and right to sue if:

(a) the Human Rights Bureau determines that it lacks jurisdiction or the statutory authority to investigate the allegations of the complaint; or

(b) the Human Rights Bureau determines that the allegations of the complaint are not supported by a preponderance of the evidence.

(2) A complaint may be dismissed prior to investigation if the charging party does not allege facts which, at a minimum, constitute a short and plain statement of the claim showing that the charging party is entitled to relief under Title 49, chapters 2 and 3, MCA, and has not timely amended the complaint to state a valid claim.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-504, 49-2-511, 49-3-315, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.405 Dismissal by Request of a Party

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, MCA
Implementing statute(s): 49-2-305, 49-2-509, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.410 Notice of Dismissal and Right to Sue

(1) The issuance of a notice of dismissal and right to sue completes the administrative process with regard to any complaint of discrimination in which a notice of dismissal and right to sue is issued.

(2) Each notice of dismissal and right to sue issued by the Human Rights Bureau shall be issued to all parties by mail and shall set forth the following information:

(a) a statement of the reasons for issuance;

(b) a notice that in order to pursue the complaint of discrimination, the charging party must petition the district court in the district in which the alleged violation occurred within 90 days of receipt of the notice. The notice shall conspicuously state that if the charging party fails to file a petition in district court within the 90 day period, the claim shall be barred;

(c) a notice of the court's discretion to award attorney's fees to the prevailing party in a discrimination action in district court;

(d) a statement regarding the effect of the issuance of the notice of dismissal and right to sue as provided in (1); and

(e) a statement that the requirements for issuance of a notice of dismissal and right to sue have been satisfied.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-504, 49-2-511, 49-3-315, MCA
History: NEW, 2002 MAR p. 2908, Eff. 10/18/02; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Subchapter 24.8.7 Hearings Process

Mont. Admin. R. 24.8.701 Jurisdiction to Consider Jurisdiction

(1) The Office of Administrative Hearings shall, at all times, have jurisdiction to determine the jurisdiction of the department over any particular contested case. In such situations the rules of procedure of the Office of Administrative Hearings shall apply, and questions of jurisdiction may be resolved by rulings and orders based upon the pleadings or after a hearing, as required to suit the circumstances of the case.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.704 Incorporation of Other Procedural Rules by Reference

(1) To the extent these rules do not provide for or specify procedures, the Office of Administrative Hearings adopts and applies the Montana Rules of Civil Procedure and Montana Rules of Evidence. This adoption excludes references to jury trials, issuance of subpoenas by attorneys, and other exclusively judicial features.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-612, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.707 Representation in a Contested Case Proceeding

(1) All parties before the Office of Administrative Hearings have the right to be represented by an attorney of their choice.

(2) The Office of Administrative Hearings will not provide counsel for parties or provide funds for the payment of counsel.

(3) The department may appear in any contested case for the limited purpose of representing the interests of the public.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.710 Appointment and Authority of Hearing Officer

(1) Contested cases will be presided over and heard by a hearing officer appointed by name in the initial notice of hearing issued by the Office of Administrative Hearings.

(2) The hearing officer has general authority to regulate the course of contested cases, and may exercise those powers and authority provided by 2-4-611, MCA, including all powers and authority provided or implied by law.

(3) The hearing officer may establish prehearing and hearing dates and procedures, rule upon procedural petitions and motions, make procedural rulings and orders which appear necessary from the record, and otherwise regulate the conduct and adjudication of contested cases as provided by law.

(4) No ruling, order, decision, or exercise of the power and authority of a hearing officer is reviewable by the commission prior to the entry of the hearing officer's decision that resolves the complaint, except as otherwise provided in these rules or unless a manifest and irreparable injustice would result.

(5) The authority of a hearing officer terminates upon the entry of a decision on the merits unless the commission further delegates authority for other proceedings or exercise of authority.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-611, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.713 Disqualification of a Hearing Officer

(1) A party may disqualify a hearing officer from presiding over any matter governed by these rules only upon an affirmative showing, made in good faith, of personal bias, a lack of independence, disqualification by law, or other ground for disqualification allowed by law.

(2) A party seeking to disqualify a hearing officer may do so only upon the filing of a motion which is supported by a sufficient affidavit showing the particular facts and matters which constitute good cause for disqualification under (1). The party must file the motion and affidavit no later than 30 days after that party has notice of the assigned presiding hearing officer.

(3) Following the filing of a motion and affidavit of disqualification and a reasonable period of time for an opposing party to comment upon it, the bureau chief of the Office of Administrative Hearings or his or her designee shall either enter an order of recusal or decline disqualification. That order must specify the particular facts and grounds upon which it is based.

(4) When disqualification is declined, a party objecting to the ruling must petition the commission for an order of disqualification within ten days following the date of the order declining disqualification. If no such petition is filed, the order is not appealable to the commission.

(5) A hearing officer may make an order or give a notice of recusal or self-disqualification at any time.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-611, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.716 Ex Parte Consultations

(1) A presiding hearing officer may not participate in or initiate any ex parte consultation, as defined in (2), on the merits of a matter with any party or the department.

(2) "Ex parte communication" means the communication with the presiding hearing officer by any person having interest in the outcome of the contested case proceeding regarding the merits of the case without notice or argument by any person adversely interested. A hearing officer may engage in communication concerning administrative or procedural matters where necessary under the circumstances and which does not adversely affect the substantial rights of a party.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-613, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.719 Contested Case Record

(1) The record in a contested case shall include all documents listed in the Office of Administrative Hearings docket, including without limitation:

(a) all pleadings, motions, intermediate rulings;

(b) all evidence received or considered, including a stenographic record of oral proceedings when requested by a party;

(d) questions and offers of proof, objections and rulings thereon;

(e) proposed findings and exceptions; and

(f) any decision, opinion, or report by the hearing officer presiding at the hearing.

(2) The hearing will be recorded electronically unless a party requests a stenographic record. The cost of the transcription shall be paid by the requesting party. If provided, an original transcript shall be included in the record of the contested case.

(3) If an electronic recording of any hearing or proceeding is defective or cannot be transcribed, the hearing officer may reconstruct the record or the parties may reconstruct the record by stipulation.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-614, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.722 Place of Hearing

(1) The hearing officer shall hold contested case hearings in the county where the unlawful conduct is alleged to have occurred, unless a party requests a change of venue for good cause shown. The hearing officer may change venue for the hearing of a contested case upon the entry of a default against a respondent, to expedite hearing, or otherwise to provide for a fair hearing upon good cause which appears of record.

(2) The hearing officer may require a party to make arrangements for a suitable place of hearing and bear the cost of facilities to conduct the hearing.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.725 Formal Proceedings

(1) All contested case proceedings shall be formal unless informal proceedings or disposition under 2-4-604, MCA, are permitted by stipulation of the parties, agreed settlement, consent order, or default.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-603, 2-4-604, 2-4-612, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.728 Informal Proceedings

(1) Informal proceedings may be conducted where the parties to a contested case jointly waive a formal proceeding, where the default of a party is entered, or where informal proceedings are appropriate following the imposition of sanctions upon a party.

(2) When informal proceedings are used, the hearing officer shall give parties an opportunity to present evidence at a convenient time and place, using fair procedures.

(3) During informal proceedings, the hearing officer may receive and consider evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs, but may not receive or consider evidence which is irrelevant, immaterial, or unduly repetitious. Hearsay evidence may be received and considered to supplement or explain other evidence, but such hearsay evidence may not be considered to support a finding unless it would otherwise be admissible under the Montana Rules of Evidence.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-604, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.731 Document Format, Filing, and Service

(1) All documents, pleadings, and papers to be filed shall be eight and one-half inches by eleven inches (8½" x 11") in size, standard quality, opaque, unglazed paper, with a minimum 50% recycled content, of which at least 10% shall be postconsumer waste, and be printed on both sides (double sided). Exhibits or other documents shall be reproduced in like size unless the original exhibit is required. A hearing officer may require the reproduction of an oversized demonstrative or other exhibit in a size appropriate for the record.

(2) The place of filing is the offices of the Office of Administrative Hearings, Department of Labor and Industry, P.O. Box 1728, Helena, Montana 59624-1728, or during a hearing, by personal delivery to the presiding hearing officer.

(3) Filing with the Office of Administrative Hearings is effective upon actual receipt at the offices of the department or by the hearing officer at the hearing and not upon mailing.

(4) Copies of all submissions filed must be served upon all parties of record, including intervenors or other parties allowed to appear for special purposes, and all submissions must contain or be accompanied by a certificate of service showing proof of the method of service and the date upon which such service was made. Service of copies of submissions upon parties shall be made in accordance with the Montana Rules of Civil Procedure and may be made by means of first class mail, postage prepaid, unless the hearing officer designates another manner of service.

(5) The hearing officer may accept telephonic or oral filings of motions or requests for procedural relief, subject to recording by means of minute entry, note, or the subsequent filing of a true and accurate recording of such matters, upon fair and timely notice to all parties of record.

(6) Filing of a facsimile copy of a document of no more than 20 pages, which is an exact duplicate of the original, shall meet the filing requirements of these rules only if the facsimile copy is followed within five days by filing of the original or original copy of the document and required copies.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-106, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.734 Appearance, Dismissal, and Default

(1) Answers to complaints following the service of the notice of hearing are not required. The contentions of the parties and fair notice of them to prepare for hearing shall be developed through discovery and/or prehearing orders.

(2) Each party shall make its appearance in a contested case within 20 days of the date on which service of the notice of hearing is made upon the party or his or her legal representative. Appearance shall be in the form of a written notice acknowledging service of certification, and a designation of the name, address, and telephone number of the attorney for a party. If a party chooses not to be represented by counsel, such fact shall be indicated in the written appearance. This rule is subject to the provisions of 2-4-106, MCA, and Rule 4D of the Montana Rules of Civil Procedure governing service by mail.

(3) In the event a party fails to appear, fails to comply with an order, fails to prosecute or defend the case, fails to engage in discovery, or otherwise fails to do an act required by law or these rules, the hearing officer may enter an appropriate order terminating the contested case or limiting prosecution or defense of the contested case. Such orders may include dismissal of a complaint, entry of default, disposition by informal procedure, or entry of other appropriate orders.

(4) A party may be relieved of any of the sanctions provided in (3) upon a showing of excusable neglect, good cause, and a good faith willingness to comply with the further orders of the hearing officer or the commission. A party may request such relief by the filing of a motion and supporting affidavit within ten days of the entry of an order imposing such sanctions.

(5) Upon the entry of a default against a respondent, the hearing officer may fix a date or procedures for informal disposition of the complaint. Upon the default, the charging party must present evidence in support of the complaint and proof of damages.

(6) Before the entry of an order of dismissal of a complaint, on any basis other than a decision on the merits, in cases where the department has made a reasonable cause determination, the hearing officer shall notify the department of the proposed dismissal of the case in order to permit the department an opportunity to intervene or seek redesignation for the limited purpose of obtaining the appropriate affirmative relief.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-106, 2-4-603, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.737 Intervention and Limited Participation

(1) Intervention will be governed by the applicable rules of civil procedure, except that there is no intervention of right once a case has been certified to the Office of Administrative Hearings for a contested case.

(2) The hearing officer may permit a party who does not seek to intervene as of right to participate in a matter in a limited capacity, but not as a party. A person who may not seek intervention as of right may be permitted to participate in a contested case in a limited manner, such as a friend of the tribunal, where such participation would not cause prejudice to a party, delay proceedings, or deny a fair hearing. In such instances, a limited participant shall not have the right to control proceedings.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.740 Class Actions

(1) A complaint may be prosecuted as a class action where the outcome of a contested case will affect a class of persons and where a class action would otherwise be allowed under Rule 23 of the Montana Rules of Civil Procedure.

(2) Class action applications, motions, and procedures following certification of a contested case for hearing shall be governed by Rule 23 of the Montana Rules of Civil Procedure and any Montana law governing class actions.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.743 Motions

(1) Any party may seek relief in a contested case by means of an appropriate motion. Motions shall clearly state the relief sought by a party, the grounds and authority supporting the entry of an order granting the motion, any prejudice which would result should the motion be denied, and the precise relief desired. All motions which assert factual matters not of record as the grounds for relief must be accompanied by affidavits or verified exhibits which show the facts upon which the proposed relief is grounded. Each motion must be supported by a brief or memorandum of law showing the moving party's entitlement to relief as a matter of law.

(2) The hearing officer may deny any motion which is not supported by an affidavit, where required, and which is not supported by a brief or memorandum of law.

(3) Upon filing a motion, the moving party shall file its supporting brief and any other supporting materials. Within ten days after service of that brief, the opposing party shall file an answer brief and any other supporting materials. Within ten days after the service of the answer brief, the moving party may file a reply brief or other appropriate response.

(4) The failure of a moving party to file a brief in support of the motion may be treated as an admission that the motion is without merit. The failure to file an answer brief may be treated as an admission the motion is well taken and should be granted. The filing of a reply brief by the movant is optional and failure to file one will not subject the motion to summary ruling.

(5) The hearing officer may order live or telephonic oral argument upon a motion on its own motion or that of a party. Oral argument on any motion, including a motion for summary judgment, is waived unless requested by the moving party in the moving party's brief in support of the motion or by the party responding to the motion in the answer brief.

(6) At the discretion of the hearing officer, oral motions may be heard during the course of a hearing or in extraordinary situations which do not result in prejudice to a party.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.746 Evidence

(1) The evidence received and considered in contested case proceedings shall conform to the Montana Rules of Evidence and the provisions of 2-4-612, MCA, except as modified for informal proceedings under 2-4-603 and 2-4-604, MCA.

(2) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed, including any staff memoranda or data. They shall be afforded an opportunity to contest the material so noticed.

(3) Parties have the right to conduct cross-examination for a full and true disclosure of facts, and other examination by way of examination beyond the scope of direct, cross, or redirect examination shall be within the sound discretion of the hearing officer or the commission.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-603, 2-4-604, 2-4-612, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.749 Discovery

(1) The methods, scope, and procedures of discovery are those governed and permitted by the Montana Rules of Civil Procedure, recognizing that the hearing officer is not permitted by law to make an award of attorney fees as a sanction for failure to make discovery.

(2) The hearing officer may fix the times, places, and methods of discovery by conference, prehearing order, or otherwise, and may enter appropriate orders for violations of orders fixing discovery procedures.

(3) Depositions, interrogatories and answers to them, requests for production of documents and responses to them, and other discovery documents shall not be filed with the Office of Administrative Hearings without prior leave of the hearing officer.

(4) The use of depositions at hearing or in lieu of testimony by a witness shall be governed by the Montana Rules of Civil Procedure. Where portions of a deposition are necessary for consideration, the hearing officer may order the preparation of excerpts of a deposition to avoid a bulky record or consideration of irrelevant or prejudicial matter.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-602, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.752 Amendment of Complaint

(1) A charging party may amend a complaint to cure defects or omissions, including procedural defects or defects in verification, and to allege new facts and matters arising out of continuing violation of law. A charging party may also amend a complaint where an amendment is necessary to provide a respondent with fair notice of the allegations of a party.

(2) The allowance or denial of an amendment to a complaint shall be governed by the provisions of 49-2-501, MCA, with respect to the time for filing complaints except when the new material relates back to the filing of the original complaint.

(3) The redesignation of a complaint pursuant to 49-2-201, MCA, on behalf of the commissioner shall not, unless so specified, constitute the filing of a new complaint but shall relate to the underlying complaint in a contested case as an amendment to it.

(4) The charging party may amend the complaint only by leave of the hearing officer or consent of an adverse party.

(5) A complaint may be amended by way of a prehearing order which contains the contentions of the parties and which is substituted for pleadings in the contested case.

(6) To the extent the amendment of pleadings is not otherwise addressed in this rule, such amendments shall be governed by the provisions of Rule 15 of the Montana Rules of Civil Procedure.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-501, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.755 Prehearing Conferences and Orders

(1) The hearing officer may hear contested cases based upon a prehearing order which contains the full contentions of the parties as to fact and law, along with their claims for relief. A prehearing order supersedes all prior pleadings in the contested case.

(2) The hearing officer may order preliminary prehearing conferences, prehearing conferences, or other procedures as necessary to appropriately regulate the conduct of the contested case proceeding.

(3) If a party fails to comply with an order to prepare a prehearing memorandum or portions of one, or fails to participate in any prehearing conference or proceeding, a hearing officer may impose sanctions upon that party by way of dismissal of the complaint, default, limitation of evidence in support of or in defense to a complaint, or otherwise.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.758 Subpoenas

(1) The hearing officer may issue subpoenas without a request or upon that of a party for the attendance of witnesses or production of evidence. The procedure for service of subpoenas and payment of fees shall conform to the manner provided in civil actions.

(2) The hearing officer may enter appropriate orders, as allowed by law, for the failure of a person subject to the provisions of a subpoena to comply with its terms.

(3) A party seeking to subpoena a state employee, including the Human Rights Bureau investigator, must, as required by 26-2-507 and 26-2-515, MCA, reimburse the department for regular pay and benefits paid to that state employee for time spent answering the subpoena in advance of his or her appearance.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-104, 2-4-602, 26-2-507, 26-2-515, 49-2-203, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.761 Hearing

(1) A contested case hearing shall be conducted in the manner of civil actions before the district court, sitting without a jury, and the hearing officer may enter appropriate orders during the course of the hearing to assure the conduct of a fair hearing. The method and scope of the presentation of evidence at hearing, as well as the conduct of the hearing, recesses, and continuances, is within the sound discretion of the hearing officer.

(2) The hearing officer may enter appropriate orders to control the conduct of the parties or their attorneys, including conduct which is disruptive or constitutes contempt, and may recess, continue, or limit the course of hearing.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-612, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.764 Hearing Officer Decisions

(1) Following the close of hearing or other proceeding which allows the parties an opportunity for hearing, the hearing officer shall prepare a written hearing officer decision consisting of findings of fact, conclusions of law, and recommended relief, if any. Findings of fact must be based exclusively on the evidence and on matters officially noticed. Each conclusion of law must be supported by authority or by a reasoned opinion. Copies of the hearing officer decision shall be served upon all parties of record.

(2) A hearing officer may render an opinion of law in lieu of detailed references to authority in the making of conclusions of law.

(3) Hearing officer decisions are indexed and available at the offices of both the Human Rights Bureau and the Office of Administrative Hearings and may also be accessed through their respective web sites.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-621, 2-4-623, 49-2-505, 49-2-506, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.8.767 Notification of Entry of Hearing Officer Decision

(1) Upon the entry of the hearing officer decision, the hearing officer shall give the parties written notice of the entry of that order, including the date of entry of the order and a notification of the rights of the parties to file exceptions to it for review by the commission.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-621, 49-2-505, 49-3-315, MCA
History: NEW, 2008 MAR p. 2636, Eff. 12/25/08.

Chapter 24.9 Human Rights Commission

Subchapter 24.9.1 Organizational Rules

Mont. Admin. R. 24.9.101 Organization and Public Participation of the Human Rights Commission

(1) The Human Rights Commission (commission) is established by 2-15-1706, MCA. The commission is composed of five members of the public appointed by the Governor. The commission is allocated to the Department of Labor and Industry (department) for administrative purposes only. The commission adopts rules separately.

(2) The commission is designated a quasi-judicial board for purposes of 2-15-1706, MCA. Its purpose is to uphold the laws of the state of Montana against discrimination.

(3) The commission adopts the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title to the extent they do not conflict with statute or rule.

History

Authorizing statute(s): 2-3-103, 2-4-201, 49 2-204, 49-3-106, MCA
Implementing statute(s): 2-3-103, 2-4-201, 49 2 501, 49-2-505, 49-2-510, 49-2-511, 49-3-315, MCA
History: NEW, Eff. 1/2/77; AMD, 1998 MAR p. 3201, Eff. 12/4/98; AMD, 2008 MAR p. 2636, Eff. 12/25/08; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.9.102 Responsibilities of the Department of Labor and Industry and the Commission

(1) For complaints of discrimination filed with the department, the Human Rights Bureau will conduct the informal investigation into the allegations contained in the complaint. The Office of Administrative Hearings will conduct contested case proceedings. The commission will conduct informal hearings on objections to the dismissal of complaints by the Human Rights Bureau and appeals of Office of Administrative Hearings decisions.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-201, 49-2-204, 49-2-501, 49-2-504, 49-2-505, 49-2-506, 49-2-510, 49-2-511, 49-3-315, MCA
History: NEW, Eff. 1/2/77; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.103 Commission Meetings -- Quorum and Decision Making Authority

(1) The commission shall meet six times per year or upon call of the chairperson, or at the written request of at least three members, the time or place to be designated by the person calling the meeting.

(2) The department shall provide a staff member to act as secretary of the commission. The staff member will keep general minutes of all commission meetings whether in person or by telephone conference call as a public record.

(3) A single commission member may issue an order in a proceeding before the commission which is of a purely procedural nature. For example, a single member of the commission may sign an order regarding a briefing schedule, or an order extending the time in which a party may file exceptions when both parties stipulate that such may be done.

(4) At the commission's discretion, it may choose to meet via electronic telecast that is available to the public.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49 2-204, 49-2-205, 49-2-505, 49-2-511, 49-3-315, MCA
History: NEW, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.104 Liberal Construction -- Effect of Partial Invalidity

(1) The following rules describe the procedure followed by the Human Rights Commission in resolving complaints of discrimination.

(2) The commission will construe the provisions of the act, the code, and these rules liberally in all proceedings under them, with a view to effect their objects and to promote justice. A principle objective of the act and code is to assure that there will be no discrimination in certain areas of the lives of Montana citizens, except under the most limited of circumstances. Liberal construction of the act and code includes, without limitation, giving broad coverage and inclusive interpretation of the human rights statutes and rules to assure enforcement and protection of the state laws prohibiting discrimination.

(3) In construing the provisions of the act, the code, and the rules, the commission will refer to federal civil rights law and guidance where it is both useful and appropriate and does not conflict with the purposes and intentions of state law.

(5) Where errors of law or procedure do not cause prejudice to a party or deny a party a fair hearing or fundamental justice, they may be disregarded. Parties who assign error for the violation of any rule must demonstrate that a failure to comply with these rules is in fact prejudicial or constitutes prejudice as a matter of law.

(6) Where strict adherence to these rules would cause undue hardship or create a substantial injustice to a party, the commission may modify, waive, or excuse their application. The commission may not modify, waive, or excuse mandatory acts which are required by statute or due process of law.

(7) Parties who choose not to be represented by counsel and who represent themselves must substantially comply with the provisions of these rules, subject to the provisions of (6). The commission may modify the strict application of these rules to an unrepresented party to the extent they are not mandatory in order to assure fundamental fairness.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-205, 49-2-501, 49-2-504, 49-2-505, 49-3-304, 49-3-305, 49-3-307, 49-3-308, 49-3-315, MCA
History: NEW, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.105 Definitions

The following definitions apply throughout this chapter:

(1) "The act" means the Human Rights Act, Title 49, chapter 2, MCA.

(2) "Charging party" means a person who files a complaint with the Human Rights Bureau of the Department of Labor and Industry.

(3) "The code" means the Governmental Code of Fair Practices, Title 49, chapter 3, MCA.

(4) "Commission" means the Human Rights Commission as established by 2-15-1706, MCA.

(5) "Department" means the Department of Labor and Industry.

(6) "Notice of dismissal and right to sue" means a document provided to the charging party by the Human Rights Bureau indicating that the charging party has completed the department's administrative process and can file a discrimination action in district court pursuant to 49-2-511, MCA.

(7) "Respondent" means any person against whom a complaint is filed.

(8) "Person" means a person as defined in 49-2-101, MCA.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-101, 49-2-501, 49-2-511, 49-3-101, 49-3-315, MCA
History: NEW, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.107 Applicability of Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): Title 49, Chapters 2 and 3, MCA
History: NEW, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.109 Purpose and Scope of Rules

(1) The purpose of the rules in this subchapter is to set forth the procedures the commission will follow for hearing party objections to the dismissal of complaints under 49-2-511, MCA and appeals of final orders under 49-2-505, MCA.

(2) The commission will construe the provisions of the act, the code, and these rules in a reasonable manner. A principal objective of the act and code is to ensure that there will be no illegal discrimination in Montana.

(3) The commission may suspend, waive or modify these rules for good cause to expedite decision, prevent manifest prejudice to a party, assure a fair hearing, or afford substantial justice.

History

Authorizing statute(s): 49-2-204 and 49-3-106, MCA
Implementing statute(s): 49-2-204, 49-2-205, 49-2-501, 49-2-504, 49-2-505, and 49-2-509, MCA
History: NEW, 1998 MAR p. 3201, Eff. 12/4/98; TRANS, to 24.9.109, and AMD , 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.111 Document Form and Service

(1) All documents, pleadings, and papers to be filed shall be eight and one-half inches by eleven inches (8½" x 11") in size, standard quality, opaque, unglazed paper, with a minimum 50% recycled content, of which least 10% shall be postconsumer waste, and in 12-point font or larger, double-spaced, and clearly legible. Exhibits or other documents shall be reproduced in like size unless the original exhibit is required. The commission may require the reproduction of an oversized demonstrative or other exhibit in a size appropriate for the record.

(2) Copies of all submissions filed must be served upon all parties of record, including intervenors or other parties allowed to appear for special purposes, and all submissions must contain or be accompanied by a certificate of service showing proof of the method of service and the date upon which such service was made. Service of copies of submissions upon parties shall be made in accordance with Rule 5 of the Montana Rules of Civil Procedure and may be made by means of first class mail, postage prepaid, unless the commission designates another manner of service.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-106, 49-2-204, 49-2-511, 49-3-315, MCA
History: NEW, 1998 MAR p. 3201, Eff. 12/4/98; TRANS, from 24.9.1703, and AMD, 2008 MAR p. 2636, Eff. 12/25/08; AMD, 2017 MAR p. 91, Eff. 1/7/17.

Mont. Admin. R. 24.9.112 Filings with the Commission

(1) Any document required or permitted to be filed with the commission may be filed in three ways: hard copy, electronically, or telephonic facsimile (fax). In all instances, a hard copy original must be provided as indicated in (4) and (5).

(2) Electronic filing must take the following form:

(a) The electronic mail address for document filing is hrcappeals@mt.gov. Documents to be filed by e-mail must be attached to the e-mail in Portable Document Format (.pdf). Attachments larger than eight megabytes cannot be accepted. Filings may be submitted in multiple attachments if necessary.

(b) Documents may also be filed electronically by storing them on a compact disc and filing that compact disc with the commission, as stated in (5).

(3) For facsimile filing, the number is (406) 443-3234. Documents which are longer than twenty pages, inclusive of attachments and exhibits, may not be filed by fax.

(4) Hard copy filings or filings of compact discs may be mailed to: Human Rights Bureau, Department of Labor and Industry, P.O. Box 1728, Helena, Montana 59624-1728; or delivered by hand to 33 South Last Chance Gulch, Suite 2B, Helena, Montana 59601.

(5) If filing is made by e-mail or fax, a hard copy original of the identical document must be received by the commission not more than five days following the filing. If such original is not received and good cause is not shown, the e-mail or fax filing will be stricken from the record.

(6) A document is filed, no matter how it is transmitted, on the date it is received by the commission, not the date it is mailed. It is the responsibility of the filing party to ensure that documents are timely received by the commission.

(7) Notwithstanding any other rule to the contrary, any party may request to file documents solely in hard copy by filing a motion to that effect with the commission. The commission may grant such request for good cause shown.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-204, 49-2-505, 49-2-511, MCA
History: NEW, 2017 MAR p. 91, Eff. 1/7/17.

Mont. Admin. R. 24.9.113 Time

(1) In accordance with Rule 6(a) of the Montana Rules of Civil Procedure, in computing any period of time for acts required by any of the commission's rules, the day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period so computed is included unless it is a Saturday, Sunday, legal holiday, or the department offices are closed on such day. In that event, the period runs until the end of the next day when the department offices are open which is not one of the aforementioned days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and holidays are excluded in computation.

(2) In accordance with Rule 6(d) of the Montana Rules of Civil Procedure, whenever a party has a right or is required to do some act under any of the commission's rules within a prescribed period after service of a notice or other paper upon the party and service is by mail, three days shall be added to the prescribed period. The date of service is computed from the date on which service is made by mail, as shown by the certificate of service or date of mailing. Service by mail is complete upon mailing.

(3) Except as to dates fixed by statute and not subject to modification, the commission may enlarge the time to perform an act. In accordance with Rule 6(b) of the Montana Rules of Civil Procedure, the time may be enlarged for good cause shown.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-204, 49-2-511, 49-3-315, MCA
History: NEW, 1998 MAR p. 3201, Eff. 12/4/98; TRANS, from 24.9.1704, and AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.115 Jurisdiction to Consider Jurisdiction

(1) The commission shall, at all times, have jurisdiction to determine the jurisdiction of the commission over any particular contested case. In such situations the rules of procedure of the commission shall apply, and questions of jurisdiction may be resolved by rulings and orders based upon the pleadings or after a hearing, as required to suit the circumstances of the case.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-204, 49-2-511, 49-3-315, MCA
History: NEW, 1998 MAR p. 3201, Eff. 12/4/98; TRANS, from 24.9.1705, and AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.117 Disqualification of a Member of the Commission

(1) A party may disqualify a member of the commission from presiding over any matter governed by these rules only upon an affirmative showing, made in good faith, of personal bias, a lack of independence, disqualification by law or other ground for disqualification allowed by law.

(2) A party seeking to disqualify a member of the commission may do so only upon the filing of a motion which is supported by a sufficient affidavit showing the particular facts and matters which constitute good cause for disqualification under (1). The party must file the motion and affidavit within ten days of service of the notice of objection or appeal.

(3) Following the filing of a motion and affidavit of disqualification and a reasonable period of time for an opposing party to comment upon it, the commission shall either enter an order of recusal or decline the member's disqualification. That order must specify the particular facts and grounds upon which it is based.

(4) The question of disqualification shall be determined by a quorum of the commission, which may include the member of the commission to be disqualified if his or her participation is required to constitute a quorum or decide the matter.

(5) A member of the commission may make an order or give a notice of recusal or self-disqualification at any time.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-611, 49-2-204, 49-2-205, 49-3-315, MCA
History: NEW, 1998 MAR p. 3201, Eff. 12/4/98; TRANS, from 24.9.1711, and AMD, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.119 Ex Parte Communications

(1) No member of the commission may participate in or initiate any ex parte communication as defined in (2) on the merits of a matter with any party. A member of the commission may engage in a communication concerning administrative or procedural matters where they are necessary under the circumstances and do not adversely affect the substantial rights of a party.

(2) "Ex parte communication" means the act of a party, any person having an interest in the outcome of a contested case, or any other person not authorized by law, communicating with a member of the commission regarding the merits of any contested case, outside the context of a commission hearing or other publicly noticed meeting. Communications which do not constitute discussions or information regarding an issue of fact or law in a contested case, such as discussions of enlargements of time, scheduling, administrative matters, and/or questions of procedure, do not constitute ex parte communications.

(3) The commission, or a member of the commission, may consult with the department regarding any matter coming before the commission.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-613, 49-2-204, 49-2-511, 49-3-315, MCA
History: NEW, 1998 MAR p. 3201, Eff. 12/4/98; TRANS, from 24.9.1712, and AMD, 2008 MAR p. 2636, Eff. 12/25/08; AMD, 2017 MAR p. 91, Eff. 1/7/17.

Mont. Admin. R. 24.9.121 Objections to Dismissal of Complaint

(1) A party who is dissatisfied with a department decision to dismiss a complaint may seek commission review of the decision by filing a written objection within 14 days after the issuance of the notice of dismissal. The objection will be considered at the next commission meeting after conclusion of the briefing schedule, issued in accordance with the following:

(a) An objecting party who wishes to file a supporting brief must file and serve the opening brief within twenty-one days after the department decision to dismiss the complaint.

(b) A responding party who wishes to file a response brief must file and serve the response brief within fourteen days of service of the opening brief.

(c) An objecting party who wishes to file a reply brief must file and serve the reply brief within fourteen days of service of the response brief.

(2) Briefs subject to this rule may not exceed ten pages in length and must comply with the formatting requirements set forth in ARM 24.9.111. Any specific exhibits which the party believes are essential to the commission's consideration of the matter must be attached to the party's brief. Briefs must be filed in accordance with ARM 24.9.112.

(3) Requests for oral argument must be made in writing at the time of filing the first brief of each party. If a request for oral argument is timely made, ten minutes for each party will be reserved for oral argument at the commission meeting at which the objection will be considered. The commission may request that the parties present oral argument.

(4) Consideration of the objection will be based upon the written record unless oral argument is requested by a party and authorized by the commission. For the purposes of review of objections to a dismissal of a complaint, the written record is comprised solely of the Final Investigative Report of the department, the objection, the briefing of the parties pursuant to this rule, and any attachments to that briefing.

(5) The commission will review an objection to the Human Rights Bureau's decision to dismiss a complaint under an abuse of discretion standard.

(6) If the commission sustains an objection to the dismissal of a complaint, it will reopen the case by remanding it to the department.

(a) If the complaint has not yet been informally investigated, and not more than 90 days (housing cases) or 120 days (nonhousing cases) have passed since the date of filing, it will be remanded to the Human Rights Bureau for investigation.

(b) If the complaint has been informally investigated, or if more than 90 days (housing cases) or 120 days (nonhousing cases) have passed since the date of filing, it will be remanded to the Office of Administrative Hearings to give notice of a hearing.

(7) If the commission affirms the dismissal of a complaint, it will issue a written order to the parties within 90 days of the hearing on the matter. The charging party has 90 days after receipt of the commission's order affirming the dismissal of a complaint to file the complaint in the appropriate district court.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-204, 49-2-511, 49-3-315, MCA
History: NEW, 1998 MAR p. 3201, Eff. 12/4/98; TRANS, from 24.9.1714, and AMD, 2008 MAR p. 2636, Eff. 12/25/08; AMD, 2017 MAR p. 91, Eff. 1/7/17.

Mont. Admin. R. 24.9.123 Appeal of Hearing Officer Decisions

(1) Following entry of a hearing officer decision that resolves the complaint, pursuant to 49-2-505, MCA, parties shall have the opportunity to file an appeal, present briefs, and present oral argument to the commission as provided in this rule.

(2) A party that wants to appeal shall file a notice of appeal to the commission within 14 days of the issuance of the hearing officer decision. A party requesting review of the transcript must so state in the party's notice of appeal.

(3) All briefing must conform to the commission's formatting requirements set forth in ARM 24.9.111. A brief on appeal of a hearing officer decision may not exceed 20 pages in length.

(4) The standards of review of appeals of hearing officer decisions are as follows:

(a) The commission reviews conclusions of law and interpretations of statutes and administrative rules for correctness. The commission may reject or modify a conclusion of law if it determines that the hearing officer misapplied fact to law or incorrectly interpreted or applied the law.

(b) The commission reviews findings of fact to determine whether substantial evidence exists to support a particular finding. The review must be based upon review of the complete record. While the hearing officer is entitled to some deference in findings of fact, weighing of evidence, and credibility determinations, the commission may reject or modify a finding of fact if it determines that such finding is clearly erroneous or not based upon competent substantial evidence. The commission may additionally reject or modify findings of fact if it determines that the proceedings on which the findings were based did not comply with essential requirements of law.

(c) The commission reviews damage awards to determine if they are clearly erroneous. A party asserting that a damage award is clearly erroneous shall specifically cite the portions of the record supporting that claim. A party asserting an alternative monetary award shall cite the portions of the record which support such alternative calculation. The commission may deny an appeal on the issue of damages if it fails to comply with this subsection.

(d) The commission may grant all relief permitted by 49-2-506, MCA, including full affirmative relief.

(5) The complete record for the purposes of this rule is comprised of all documents cited or referred to in briefing before the commission. If a party intends to challenge any finding of fact of the hearing officer, the complete record additionally includes the transcript of the hearing.

(a) The party citing or referring to a document in its briefing is required to attach as an exhibit to its brief the entirety of such document. If a party fails to attach required documents to its briefing, the commission may deny the appeal.

(b) Documents which may be included in the complete record are those enumerated at 2-4-614, MCA. Failure of a party to submit documents enumerated in that statute constitutes a stipulation by that party that the commission need not review those documents.

(c) Exhibits not admitted at hearing may not be attached to briefs on appeal, unless the failure to admit such exhibit is a reason for appeal. On timely motion by any party, any exhibit improperly attached may be stricken from the appeal.

(6) The briefing schedule before the commission for appeals of hearing officer decisions must conform substantially with the following:

(a) If review of the transcript has been requested, the appellant shall file an original and an electronic version of the transcript with the commission within 28 days of filing the notice of appeal.

(b) The appellant shall file an original and an electronic version of its opening brief within 21 days of the filing of the transcript or, if no review of the transcript has been requested, within 21 days of the filing of the notice of appeal. Failure to file an opening brief may result in summary denial of the appeal sua sponte or on motion of any party.

(c) The appellee shall file an original and an electronic version of its response brief within 14 days of service of the opening brief.

(d) The appellant shall file an original and electronic version of its reply brief, if any, within 14 days of service of the response brief.

(7) The following requirements apply to the preparation of the transcript:

(a) A transcript must be prepared by an impartial person with no affiliation to any party and with no interest in the outcome of the contested case. A transcript must be a verbatim and complete account of all proceedings on the record of the hearing and must be in the form commonly accepted by the courts of record of this state. The preparer of a transcript shall certify that the transcript is a complete and accurate account of the stenographic or electronic recording of the hearing and that the preparer has no affiliation with any party and has no interest in the outcome of the contested case.

(b) Preparation of the transcript is the responsibility of the party requesting review of the transcript. If more than one party requests review of the transcript, all parties requesting the review shall share equally in the cost of the transcript and copies.

(8) Each party is permitted one-half hour of argument before the commission for each appeal. The appellant may reserve a portion of that time for rebuttal. Oral argument may be waived by the parties, except where it is requested by the commission.

(9) When a party has timely filed an appeal of a hearing officer decision and has timely filed a supporting brief, the commission will fix a date to provide the parties an opportunity to present oral argument to the commission.

(10) The commission shall render a decision which affirms, rejects, modifies, and/or remands the hearing officer decision within 90 days of the hearing of the appeal. The final decision of the commission is the final agency decision.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-204, 49-2-505, 49-2-506, 49-2-511, 49-3-315, MCA
History: NEW, 1998 MAR p. 3201, Eff. 12/4/98; TRANS, from 24.9.1717, and AMD, 2008 MAR p. 2636, Eff. 12/25/08; AMD, 2017 MAR p. 91, Eff. 1/7/17.

Mont. Admin. R. 24.9.125 Commission Hearings

(1) On the date fixed by the commission for oral argument, a quorum of the commission shall consider objections to dismissals by the Human Rights Bureau and appeals of hearing officer decisions.

(2) Upon motion of the commission, any member of the commission who is absent at the presentation of oral argument may participate in deliberations and the entry of a final decision or order of the commission if he or she, where required, reviews the complete record of the contested case, including a recording or transcript of the oral argument of the parties.

(3) At the time of oral argument, and subject to the rule of the commission chair, any member of the commission may pose questions to a party or his or her representatives.

(4) Following hearing, the chair of the commission, or any member acting in the chair's stead, shall issue the final order of the commission. At that member's discretion, the final order may be referred to the immediately subsequent hearing of the commission. At that time, the commission's review is limited to whether the proposed order complies with the motions made by the commission previously.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-204, 49-2-511, 49-3-315, MCA
History: NEW, 1998 MAR p. 3201, Eff. 12/4/98; TRANS, from 24.9.1718, and AMD, 2008 MAR p. 2636, Eff. 12/25/08; AMD, 2017 MAR p. 91, Eff. 1/7/17.

Subchapter 24.9.2 Investigation And Conciliation

Mont. Admin. R. 24.9.201 Liberal Construction: Effect of Partial Invalidity

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-501, 49-2-504, 49-3-304, 49-3-305, 49-3-307, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; REP, 1995 MAR p. 2264, Eff. 10/27/95.

Mont. Admin. R. 24.9.202 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-101, 49-2-201, 49-2-509, 49-3-101, 49-3-312, MCA
History: AMD, 1989 MAR p. 487, Eff. 4/28/89; REP, 1995 MAR p. 2264, Eff. 10/27/95.

Mont. Admin. R. 24.9.203 Prehearing Procedure: Introduction

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-201, 49-2-501 through 49-2-505, MCA
History: NEW, Eff. 1/2/77; REP, 1987 MAR p. 1093, Eff. 7/17/87.

Mont. Admin. R. 24.9.203A SCOPE AND PURPOSE OF RULES (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.9.203A SCOPE AND PURPOSE OF RULES

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-504, MCA
History: NEW, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2014 MAR p. 1836, Eff. 8/8/14.

Mont. Admin. R. 24.9.204 Complaint: Who May File, Timeliness

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-501, 49-3-304, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1995 MAR p. 2264, Eff. 10/27/95; REP, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.205 Complaint: Filing Charge on Behalf of an Aggrieved Person

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-501, 49-3-304, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; REP, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.206 Commission Staff Complaints: Class Actions by Individuals or Groups

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-501, 49-2-505, 49-3-304, 49-3-308, MCA
History: NEW, Eff. 1/2/77; AMD, 1982 MAR p. 1395, Eff. 7/16/82; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1988 MAR p. 1194, Eff. 6/10/88; AMD, 1995 MAR p. 2264, Eff. 10/27/95; REP, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.207 Complaint: Date of Filing

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-501, 49-3-304, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; REP, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.208 Complaint; Contents

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-501, 49-3-305, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; REP, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.209 Complaint; Place and Manner of Filing, Insufficiency, Effective Date of Amendments

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-501, 49-3-304, 49-3-305, MCA
History: NEW, 1/2/77; AMD, 1987 MAR p. 1087, Eff. 7/17/87; AMD, 1995 MAR p. 2264, Eff. 10/27/95; REP, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.210 Amendment of Complaints

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-501, 49-2-503, 49-2-504, 49-2-505, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1093, Eff. 7/17/87; AMD, 1988 MAR p. 1194, Eff. 6/10/88; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.211 Receipt of Information by Commission

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-501, 49-2-502, 49-2-503, 49-2-504, 49-2-505, MCA
History: NEW, Eff. 1/2/77; REP, 1987 MAR p. 1093, Eff. 7/17/87.

Mont. Admin. R. 24.9.212 Confidentiality

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-504, 49-2-505, 49-3-307, 49-3-308, MCA
History: NEW, Eff. 1/2/77; AMD, 1982 MAR p. 1395, Eff. 7/16/82; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1988 MAR p. 2308, Eff. 10/28/88; AMD, 1990 MAR p. 525, Eff. 3/16/90; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.213 Complaint: Withdrawal of Complaint by Charging Party: Redesignation of Complaint

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-603, 49-2-504, 49-3-307, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.214 Intervention

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-505, 49-3-308, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.215 Complaint: Deferral from Local, State or Federal Agencies

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-501, 49-2-502, 49-2-503, 49-2-504, 49-2-505, MCA
History: NEW, Eff. 1/2/77; REP, 1995 MAR p. 2264, Eff. 10/27/95.

Mont. Admin. R. 24.9.216 Notice of Filing of Complaint

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-204, 49-3-307, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1995 MAR p. 2264, Eff. 10/27/95; REP, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.217 Complaint: Notice to Commission

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-502, 49-3-307, MCA
History: NEW, Eff. 1/2/77; AMD, 1981 MAR p. 801, Eff. 8/14/81; AMD, 1981 MAR p. 1615, Eff. 11/26/81; REP, 1995 MAR p. 2264, Eff. 10/27/95.

Mont. Admin. R. 24.9.218 Complaint, Commencement of Investigation, Mediation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-603, 49-2-504, 49-3-307, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.219 Investigation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-203, 49-2-504, 49-2-506, 49-3-307, 49-3-309, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.220 Emergency Order

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-503, 49-3-306, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.221 Investigation: Failure to Cooperate with Investigation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-203, 49-2-504, 49-2-505, 49-3-307, 49-3-308, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.222 Investigation: Failure of Charging Party or Aggrieved Person to Cooperate or Keep the Department Advised of Changes in Address

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-504, 49-2-509, 49-3-307, 49-3-312, MCA
History: AMD, 1989 MAR p. 487, Eff. 4/28/89; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.223 Investigation: Failure to Produce Evidence

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-504, 49-2-505, 49-3-307, 49-3-308, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.224 Investigation: Finding of Reasonable Cause or No Reasonable Cause

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-504, 49-3-307, MCA
History: NEW, Eff. 1/2/77; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1989 MAR p. 487, Eff. 4/28/89; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.225 Procedure on Finding of No Reasonable Cause

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-504, 49-2-505, 49-2-509, 49-3-307, 49-3-308, 49-3-312, MCA
History: NEW, Eff. 1/2/77; AMD, 1982 MAR p. 1395, Eff. 7/16/82; AMD, 1983 MAR p. 857, Eff. 7/15/83; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1988 MAR p. 2308, Eff. 10/28/88; AMD, 1989 MAR p. 487, Eff. 4/28/89; AMD, 1990 MAR p. 525, Eff. 3/16/90; AMD, 1990 MAR p. 1561, Eff. 8/17/90; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.226 Conciliation and Settlement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-504, 49-2-505, 49-3-307, 49-3-308, MCA, NEW, Eff. 1/2/77
History: AMD, 1980 MAR p. 2196, Eff. 7/18/80; AMD, 1983 MAR p. 1833, Eff. 12/16/83; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.227 Discovery

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-505, 49-3-308
Implementing statute(s): 2-4-602, 49-2-201 (2), 49-2-504, 49-2-505, MCA
History: NEW, Eff. 1/2/77; AMD, 1980 MAR p. 2197, Eff. 7/18/80; AMD, 1982 MAR p. 1395, Eff. 7/16/82; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.228 Adoption of Model Rules with Amendments

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-201, 2-4-202, MCA
History: NEW, Eff. 1/2/77; AMD, 1980 MAR p. 1134, Eff. 4/11/80; AMD, 1980 MAR p. 2198, Eff. 7/18/80; REP, 1987 MAR p. 1093, Eff. 7/17/87.

Mont. Admin. R. 24.9.229 Contested Cases, Preamble and Summary

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-201 (2), 49-2-503, 49-2-504, 49-2-505, MCA
History: NEW, Eff. 1/2/77; AMD, 1982 MAR p. 1395, Eff. 7/16/82; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.230 Certification of a Case for Hearing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-505, 49-2-506, 49-3-308, 49-3-312, MCA
History: NEW, Eff. 1/21/77; AMD, 1980 MAR p. 2198, Eff. 7/18/80; AMD, 1982 MAR p. 1395, Eff. 7/16/82; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1989 MAR p. 487, Eff. 4/28/89; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.231 Notice of Certification for Hearing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-505, 49-3-308, 49-3-312, MCA
History: NEW, Eff. 1/21/77; AMD, 1982 MAR p. 1395, Eff. 7/16/82; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.232 When the Commission Receives Notice from the Administrator That a Case Is Now Certified for Hearing, the Commission Shall Determine Time and Place for Hearing (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-201 (2), 49-2-402, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.233 Presentation of Case in Support of Complaint (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-201, 49-2-502, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.234 Answer (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 49-2-204 MCA
Implementing statute(s): Sec. 49-2-505, MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.235 Contested Cases; Default Order When Party Fails to Appear at Hearing (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-201, 49-2-205 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.236 Contested Cases; Informal Disposition, Prehearing Conference (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 2-4-603, 49-2-201, 49-2-502, 49-2-504 MCA
History: NEW, Eff. 1/2/77; AMD, 1979 MAR p. 1069, Eff. 9/14/79; AMD, 1980 MAR p. 1135, Eff. 4/11/80; AMD, 1980 MAR p. 2198, Eff. 7/18/80; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.237 Contested Cases; Application for More Definite and Detailed Statement (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-401, 49-2-502, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.238 Contested Cases; Subpoenas (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-502, 49-2-201, 49-2-504, 49-2-505, 49-2-203 MCA
History: NEW, 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.239 Contested Cases; Hearing Examiners (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 2-4-104, 2-4-611, 2-4-612, 49-2-201, 49-2-502, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.240 Contested Case; Hearing (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 2-4-612, 49-2-502, 49-2-505, 49-2-201 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.241 Contested Cases; Record (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 2-4-614, 49-2-201, 49-2-502, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.242 Contested Cases; Motions (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-502, 49-2-201, 49-2-505 MCA
History: NEW, Eff. 1/2/77; AMD, 1982 MAR p. 1395, Eff. 7/16/82; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.243 Contested Cases; Evidence (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-502, 49-2-201, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.244 Contested Cases; Ex Parte Consultations (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 2-4-612, 49-2-201, 49-2-502, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.245 Contested Cases; Proposed Orders (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): 49-2-201, 49-2-502, 49-2-504, 49-2-505 MCA
History: NEW, Eff. 1/2/77; AMD, 1979 MAR p. 659, Eff. 7/13/79; AMD, 1979 MAR p. 1069, Eff. 9/14/79; AMD, 1980 MAR p. 1135, Eff. 4/11/80; AMD, 1980 MAR p. 2198, Eff. 7/18/80; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.246 Contested Cases; Final Orders (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-201, 49-2-502, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.247 Contested Cases; Notification of Orders (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-505, 49-2-506, 49-2-507 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.248 Contested Cases; Enforcement Orders (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706, MCA
Implementing statute(s): Sec. 49-2-404, 49-2-508 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 1194, Eff. 6/10/88.

Mont. Admin. R. 24.9.249 Declaratory Rulings and Miscellaneous Provisions, Preamble and Summary (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-501, 49-2-502, 49-2-201, 49-3-503, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 2308, Eff. 10/28/88.

Mont. Admin. R. 24.9.250 Declaratory Rulings; Institution of Proceedings (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-501, 49-2-502, 49-2-201, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 2308, Eff. 10/28/88.

Mont. Admin. R. 24.9.251 Declaratory Rulings; Content of Petition (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-501, 49-2-502, 49-2-201, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 2308, Eff. 10/28/88.

Mont. Admin. R. 24.9.252 Declaratory Rulings; Filing and Notification of Disposition of Petition (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-501, 49-2-502, 49-2-201, 49-2-505 MCA
History: NEW, Eff. 1/2/77; AMD, 1981 MAR p. 803, Eff. 8/14/81; AMD, 1981 MAR p. 1616, Eff. 11/26/81; REP, 1988 MAR p. 2308, Eff. 10/28/88.

Mont. Admin. R. 24.9.253 Declaratory Rulings; Notice of Hearing (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-201, 49-2-501, 49-2-502, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 2308, Eff. 10/28/88.

Mont. Admin. R. 24.9.254 Declaratory Ruling; Conduct of Hearing (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-201, 49-2-501, 49-2-505, 49-2-506 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 2308, Eff. 10/28/88.

Mont. Admin. R. 24.9.255 Declaratory Ruling; Effect of Ruling (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-201, 49-2-501, 49-2-502, 49-2-505 MCA
History: NEW, Eff. 1/2/77; AMD, 1981 MAR p. 806, Eff. 8/14/81; AMD, 1981 MAR p. 1618, Eff. 11/26/81; REP, 1988 MAR p. 2308, Eff. 10/28/88.

Mont. Admin. R. 24.9.256 Miscellaneous Provision; Subpoenas and Enforcement (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 49-2-201, 49-2-203, 49-2-501, 49-2-502, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 2308, Eff. 10/28/88.

Mont. Admin. R. 24.9.257 Miscellaneous Provisions; Representation (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 2-4-104, 2-4-602, 49-2-201, 49-2-502, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 2308, Eff. 10/28/88.

Mont. Admin. R. 24.9.258 Miscellaneous Provisions; Service (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 2-4-106, 49-2-201, 49-2-501, 49-2-502, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 2308, Eff. 10/28/88.

Mont. Admin. R. 24.9.259 Miscellaneous Provisions: Availability of Final Orders and Decisions (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 2-4-623, 49-2-201, 49-2-505 MCA
History: NEW, Eff. 1/2/77; REP, 1988 MAR p. 2308, Eff. 10/28/88.

Mont. Admin. R. 24.9.260 Time for Review of Hearing Examiner Decisions (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

)

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): Sec. 2-4-302 MCA
History: NEW, 1980 MAR p. 1710, Eff. 6/27/80; AMD, 1983 MAR p. 351, Eff. 4/29/83; REP, 1988 MAR p. 2308, Eff. 10/28/88.

Mont. Admin. R. 24.9.261 Dismissal of Complaint Also Pending in Court

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-204, 49-2-501, 49-2-505, MCA
History: NEW, 1981 MAR p. 1619, Eff. 11/26/81; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.262 Issuance of Right to Sue Letter

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 2-15-1706, 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-509, 49-3-312, MCA
History: NEW, 1983 MAR p. 857, Eff. 7/15/83; REP, 1989 MAR p. 487, Eff. 4/28/89.

Mont. Admin. R. 24.9.262A ISSUANCE OF RIGHT TO SUE LETTER WHEN REQUESTED BY A PARTY (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.9.262A ISSUANCE OF RIGHT TO SUE LETTER WHEN REQUESTED BY A PARTY

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-509, 49-3-312, MCA
History: NEW, 1989 MAR p. 487, Eff. 4/28/89; AMD, 1990 MAR p. 1561, Eff. 8/17/90; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.263 Contents of Right to Sue Letter

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-509, 49-3-312, MCA
History: NEW, 1983 MAR p. 857, Eff. 7/15/83; AMD, 1989 MAR p. 487, Eff. 4/28/89; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.264 Effect of Issuance of Right to Sue Letter

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-509, 49-3-312, MCA
History: NEW, 1983 MAR p. 857, Eff. 7/15/83; AMD, 1989 MAR p. 487, Eff. 4/28/89; AMD, 1990 MAR p. 1561, Eff. 8/17/90; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Mont. Admin. R. 24.9.265 Document Formal Filing, Service and Time

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-106, 49-2-504, 49-2-509, 49-3-307, 49-3-312, MCA
History: NEW, 1991 MAR p. 308, Eff. 3/15/91; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-623, 49-2-505, 49-2-506, 49-2-507, 49-3-308, 49-3-309, 49-3-310, MCA
History: NEW, 1988 MAR p. 1194, Eff. 6/10/88; REP, 2014 MAR p. 1836, Eff. 8/8/14.

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 2-4-501, 49-2-401, 49-3-105, MCA
History: NEW, 1988 MAR p. 2308, Eff. 10/28/88; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Subchapter 24.9.6 Proof Of Unlawful Discrimination

Mont. Admin. R. 24.9.601 Purpose of These Rules Regarding Proof of Unlawful Discrimination

(1) These rules regarding proof of unlawful discrimination are intended to provide general statements of what must be proved to establish unlawful discrimination in various kinds of complaints. They are not intended to be exhaustive statements of the applicable law, but general guidelines and informational summaries of the law. Practitioners appearing in cases before the department or commission should also refer to the statutes, the balance of the commission's rules, the department's rules, and the federal, state, commission and department decisions addressing the issues in their particular cases.

History

Authorizing statute(s): 49-2-204 and 49-3-106, MCA
Implementing statute(s): 49-2-301 through 49-2-404, 49-3-103, 49-3-104, and 49-3-201 through 49-3-209, MCA
History: NEW, 1996 MAR p. 2871, Eff. 10/25/96; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.602 Membership in a Protected Class

(1) "Membership in a protected class" means belonging to a group of persons who are afforded protection against discrimination because of race, creed, color, sex (including pregnancy) , physical or mental disability, age, marital status, familial status, national origin or political beliefs or ideas as set forth in the act or code.

(2) The person alleging discrimination has the burden of proving that the charging party or other aggrieved person is a member of a protected class.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-101, 49-2-303, 49-2-304, 49-2-305, 49-2-306, 49-2-307, 49-2-308, 49-2-403, 49-3-101, 49-3-103, 49-3-104, 49-3-201, 49-3-202, 49-3-203, 49-3-204, 49-3-205, 49-3-206, 49-3-207, and 49-3-208, MCA
History: NEW, 1996 MAR, p. 2871, Eff. 10/25/96.

Mont. Admin. R. 24.9.603 Retaliation and Coercion Prohibited

(1) It is unlawful to retaliate against or otherwise discriminate against a person because the person engages in protected activity. A significant adverse act against a person because the person has engaged in protected activity or is associated with or related to a person who has engaged in protected activity is illegal retaliation. "Protected activity" means the exercise of rights under the act or code and may include:

(a) aiding or encouraging others in the exercise of rights under the act or code;

(b) opposing any act or practice made unlawful by the act or code; and

(c) filing a charge, testifying, assisting or participating in any manner in an investigation, proceeding or hearing to enforce any provision of the act or code.

(2) Significant adverse acts are those that would dissuade a reasonable person from engaging in a protected activity. This may include the following:

(a) violence or threats of violence, malicious damage to property, coercion, intimidation, harassment, the filing of a factually or legally baseless civil action or criminal complaint, or other interference with the person or property of an individual;

(b) discharge, demotion, denial of promotion, denial of benefits or other material adverse employment action;

(c) expulsion, blacklisting, denial of privileges or access, or other action adversely affecting the availability of goods, services, facilities, or advantages of a public accommodation;

(d) eviction, denial of services or privileges, or other action adversely affecting the availability of housing opportunities; and

(e) denial of credit, financing, insurance, educational, governmental or other services, benefits or opportunities.

(3) When a respondent or agent of a respondent has actual or constructive knowledge that proceedings are or have been pending with the department, with the commission or in court to enforce a provision of the act or code, significant adverse action taken by respondent or the agent of respondent against a charging party or complainant while the proceedings were pending or within six months following the final resolution of the proceedings will create a disputable presumption that the adverse action was in retaliation for protected activity.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-301, 49-3-209, MCA
History: NEW, 1996 MAR p. 2871, Eff. 10/25/96; AMD, 1998 MAR p. 3201, Eff. 12/4/98; AMD, 2017 MAR p. 91, Eff. 1/7/17.

Mont. Admin. R. 24.9.604 Discrimination Prohibited--Employment

(1) Except as provided in 49-2-303 , 49-2-308 and 49-3-201 , MCA, it is unlawful for an employer, agent of an employer, employment agency or labor organization to discriminate against a person in the terms, conditions or privileges of employment because of a person's membership in a protected class.

(2) Terms, conditions or privileges of employment which are subject to the act and code include:

(a) recruitment, advertising and job application procedures;

(b) hiring, promotion, upgrading, award of tenure, transfer, layoff, discipline, discharge, termination of employment, right to return from layoff, and rehiring;

(d) job assignments, job classifications, organizational structures, position descriptions, lines of progression and seniority lists;

(e) leaves of absence, sick leave or any other leave;

(f) fringe benefits available through employment, whether or not administered by the employer;

(g) selection and financial support for training, including apprenticeships, professional meetings, conferences or other related activities;

(h) social and recreational activities sponsored by an employer, agent of an employer, employment agency or labor organization; and

(i) any other term, condition or privilege of employment.

(3) Examples of practices which may constitute unlawful employment discrimination include the following:

(a) denying, qualifying, or limiting a term, condition, or privilege of employment because of a person's membership in a protected class or protected activity;

(b) subjecting a person to harassment in the workplace because of the person's membership in a protected class or protected activity;

(d) segregating or classifying a person in a way that adversely affects employment status or opportunities because of membership in a protected class;

(e) participating in a contract or other arrangement (including an arrangement with an organization providing fringe benefits or an organization providing training or apprenticeship programs) that has the effect of discriminating against persons in the terms, conditions or privileges of employment because of membership in a protected class;

(f) using standards, criteria or methods of administering or managing employment opportunities which discriminate in the terms, conditions or privileges of employment because of membership in a protected class or which perpetuate the denial of equal employment opportunities because of membership in a protected class;

(g) using or administering qualification standards, employment tests or other selection criteria that screen out or tend to screen out members of a protected class; and

(h) discriminating against a person in the terms, conditions or privileges of employment because the person has a relationship with or otherwise associates with a member of a protected class.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-202, 49-2-303, 49-2-308, and 49-3-201, MCA
History: NEW, 1996 MAR p. 2871, Eff. 10/25/96.

Mont. Admin. R. 24.9.605 Employment Discrimination: Reasonable Demands/ Bona Fide Occupational Qualification Exceptions

(1) It is not unlawful employment discrimination to make a distinction based on age, physical or mental disability, marital status, or sex when the reasonable demands of the position or program require the distinction.

(2) The commission construes the exceptions contained in this rule strictly, against allowing the exception.

(3) The commission construes the statutory exception permitting distinctions based on age, marital status and sex in accordance with the legal standards for "bona fide occupational qualifications" under section 703 (e) (1) of the Civil Rights Act of 1964 (42 U.S.C. 2000-2 (e) (1) ) and section 4(f) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623(f) ) .

(4) The commission construes the statutory exception permitting distinctions based on physical or mental disability in accordance with the legal standards for determining whether a person is a "qualified individual with a disability" under section 101(8) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111(8) ) .

(5) These exceptions are affirmative defenses. A respondent claiming an exception has the burden of proof on the issue.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-101 (1), 49-2-101 (15), 49-2-303, 49-3-101 (1), 49-3-101 (3), 49-3-101 (5), 49-3-201, and 49-3-202, MCA
History: NEW, 1996 MAR p. 2871, Eff. 10/25/96.

Mont. Admin. R. 24.9.606 Failure to Make Reasonable Accommodation--Employment Discrimination Because of a Disability

(1) It is an unlawful discriminatory practice for an employer, agent of an employer, employment agency, or labor organization to:

(a) fail to make reasonable accommodations to the known physical or mental limitations of an otherwise qualified employee, employment applicant, or union member with a disability; or

(b) deny equal employment opportunities to a person with a physical or mental disability because of the need to make a reasonable accommodation.

(2) A person with a physical or mental disability is qualified to hold an employment position if the person can perform the essential functions of the job with or without a reasonable accommodation for the person's physical or mental disability.

(3) "Reasonable accommodation" to a person with a physical or mental disability for the purposes of enabling the person to perform the essential functions of an employment position may include:

(a) making existing facilities used by employees readily accessible to and usable by individuals with physical or mental disabilities; and

(b) job restructuring, part-time or modified work schedules, reassignment to vacant positions which the employee is qualified to hold, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations or training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with physical or mental disabilities.

(4) An accommodation to a person with a physical or mental disability for the purpose of enabling the person to perform the essential functions of an employment position is reasonable unless it would impose an undue hardship upon the employer.

(5) For purposes of determining whether an accommodation to a physical or mental disability is reasonable, "undue hardship" means an action requiring significant difficulty or extraordinary cost when considered in light of:

(a) the nature and expense of the accommodation needed;

(b) the overall financial resources of the facility or facilities involved in the provision of the accommodation, the number of persons employed at the facility, the effect on expenses and resources of the facility, and other impacts of the accommodation on the operation of the facility;

(c) the overall financial resources of the business, the overall size of the business of the employer with respect to the number of employees, and the number and type and location of the facilities of the employer; and

(d) the type of operation or operations of the employer, including composition, structure, and functions of the work force of the employer, and the geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the employer.

(6) An accommodation to a person with a physical or mental disability for the purpose of enabling the person to perform the essential functions of an employment position is not reasonable if it would endanger the health or safety of any person.

(7) If an employer defends an adverse employment action against a person with a physical or mental disability on the grounds that an accommodation would endanger the health or safety of a person, the employer's failure to independently assess whether the accommodation would create a reasonable probability of substantial harm will create a disputable presumption that the employer's justification is a pretext for discrimination on the basis of disability.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-101, 49-3-101, 49-3-202, MCA
History: NEW, 1996 MAR p. 2871, Eff. 10/25/96; AMD, 2017 MAR p. 91, Eff. 1/7/17.

Mont. Admin. R. 24.9.607 Prohibited Medical Examinations and Inquiries-Employment Discrimination Based on Disability

(1) An employer, agent of an employer, employment agency or labor organization shall not require medical examinations or make inquiries of employees for the purposes of determining whether an employee has a physical or mental disability or to determine the nature or severity of a disability unless the examination or inquiry is shown to be job-related and consistent with business necessity.

(2) Use of an employment application form or process which requires a medical examination or makes an inquiry of a job applicant for the purpose of determining whether a person has a physical or mental disability or to determine the nature or severity of a physical or mental disability prior to an offer of employment constitutes a violation of 49-2-303 (1) (c) , MCA and is evidence of a violation of 49-2-303 (1) (a) , MCA unless the form or process complies with the requirements of this rule.

(3) An employer, agent of an employer, employment agency or labor organization may make pre-employment inquiries into the ability of an applicant to perform job-related functions.

(4) An employer, agent of an employer, employment agency or labor organization may require a medical examination of a person after an offer of employment has been made and prior to the commencement of the employment duties and may condition the offer of employment on the results of the examination if:

(a) all entering employees or union members in the same job category are subjected to the same examination regardless of disability;

(b) information obtained regarding the medical condition or history of a person is treated as a confidential medical record; and

(c) information obtained is collected and maintained in accordance with the requirements of the Americans with Disabilities Act (ADA) where the employer, employment agency or labor organization is subject to ADA requirements.

(5) An employer, agent of an employer, or labor organization may conduct voluntary medical examinations, including voluntary medical histories, that are part of a bona fide employee or union health program. Information obtained pursuant to a bona fide employee or union health program is a confidential medical record and subject to the same confidentiality requirements and restrictions on disclosure stated in (4) .

(6) An employer, after a conditional offer of employment to a prospective employee, may inquire whether the prospective employee is certified or eligible to be certified as vocationally disabled for the purposes of the subsequent injury fund, pursuant to Title 39, chapter 71, part 9 of the Montana Workers' Compensation Act.

History

Authorizing statute(s): 49-2-204 and 49-3-106, MCA
Implementing statute(s): 49-2-303, 49-3-201, and 49-3-202, MCA
History: NEW, 1996 MAR p. 2871, Eff. 10/25/96; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.608 Failure to Accommodate--Employment Discrimination Based on Religion

(1) It is an unlawful discriminatory practice for an employer, an agent of an employer, an employment agency or a labor organization to discriminate against a person in the terms, conditions or privileges of employment because of religion.

(2) The term religion includes all aspects of religious observance, practice and belief.

(3) For purposes of providing equal employment opportunities, an employer has a duty to accommodate an employee's religion unless to do so would cause a more than de minimis hardship on the conduct of the business.

(a) An employee whose religion conflicts with an employment requirement has a duty to inform the employer of the conflict in a timely manner.

(b) Once informed of a religion based conflict, an employer has a duty to initiate good faith efforts to accommodate the conflict. An employer can demonstrate that an accommodation to an employee's religious belief or practice would cause a more than de minimis hardship with proof that the accommodation would require a significant cost to the business, would violate contract obligations which cannot be reconciled, or would otherwise cause a more than de minimis hardship to the employer.

(c) The employer and the employee have a mutual obligation to engage in bilateral cooperation in a search for a reasonable resolution of conflicts which may arise between an employer's business and an employee's religion.

(4) Determining whether an accommodation can be made and whether a more than de minimis hardship would occur for purposes of the provisions of the act or code prohibiting religious discrimination in employment must be made on a case by case basis.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-303, 49-3-201, and 49-3-202, MCA
History: NEW, 1996 MAR p. 2871, Eff. 10/25/96.

Mont. Admin. R. 24.9.609 Discrimination Prohibited--Public Accommodation

(1) Except as provided in 49-2-304 , MCA, it is unlawful for an owner, lessee, manager, agent or employee of a public accommodation to deny equal access to services, goods, facilities, advantages or privileges to a person because of membership in a protected class.

(2) Unlawful discrimination in a public accommodation may include the following:

(a) imposing or applying qualification standards, admittance tests or other selection criteria that screen out or tend to screen out a person or persons who are members of a protected class unless the standard, test or other selection criteria can be shown to be necessary for the provision of the goods, services, facilities, advantages or privileges being offered;

(b) denying equal access to the goods, services, facilities, advantages or privileges of a public accommodation to a person because of the person's relationship or association with a member of a protected class; or

(c) subjecting a member of the public or patron to harassment in the public accommodation because of the person's membership in a protected class or protected activity.

(3) Unlawful discrimination against a person with a disability in a public accommodation may include:

(a) failing to make reasonable modifications in policies, practices or procedures when the modifications are necessary to afford the goods, services, facilities, advantages or privileges to persons with disabilities unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of its goods, services, facilities, advantages or privileges;

(b) failing to take necessary action to ensure that a person with a disability is not excluded, denied services, segregated or otherwise denied equal access because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, advantages or privileges being offered or would result in an unreasonable expense or undue burden after considering the circumstances of the public accommodation;

(c) failing to remove architectural barriers and communication barriers in existing facilities that are structural in nature and deny equal access to persons with disabilities when the removal is readily achievable; or

(d) failing to make goods, services, facilities, advantages and privileges available through alternative methods if removal of barriers that deny equal access to persons with disabilities is not readily achievable.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-101 (15), 49-2-304, 49-3-101 (3), and 49-3-208, MCA
History: NEW, 1996 MAR p. 2871, Eff. 10/25/96.

Mont. Admin. R. 24.9.610 Burden of Proof--Disparate Treatment

(1) To prove a claim of unlawful discrimination or illegal retaliation based on disparate treatment, a charging party must establish a prima facie case in support of the alleged violation of the act or code.

(2) A prima facie case of discrimination or retaliation based on disparate treatment means evidence from which the trier of fact can infer that adverse action against the charging party was motivated by respondent's consideration of charging party's membership in a protected class, protected activity, or association with or relation to a person who is a member of a protected class or who has engaged in protected activity.

(a) The elements of a prima facie case will vary according to the type of charge and the alleged violation, but generally consist of proof:

(i) That charging party is a member of a protected class or engaged in protected activity;

(ii) That charging party sought and was qualified for an employment, housing, service, credit or other opportunity made available by the respondent; and

(iii) That charging party was denied the opportunity, or otherwise subjected to adverse action by respondent in circumstances raising a reasonable inference that charging party was treated differently because of membership in a protected class or because of protected activity.

(b) Examples of evidence establishing a reasonable inference that charging party was treated differently because of membership in a protected class or because of protected activity include:

(i) proof that respondent continued to make the employment, housing, service, credit, or other opportunity available to persons who are not members of the same protected class as charging party;

(ii) proof that similarly situated persons outside the protected class were treated more favorably;

(iii) proof that there was a close proximity in time between protected activity of the charging party and adverse action by the respondent;

(iv) proof that respondent intended to discriminate against persons of the protected class; or

(v) other proof that there is a causal connection between adverse action by the respondent and the charging party's membership in a protected class or protected activity.

(3) Once a charging party establishes a prima facie case of unlawful discrimination or illegal retaliation based on circumstantial evidence of disparate treatment, the respondent must produce evidence of a legitimate, nondiscriminatory reason for the challenged action.

(4) If a respondent produces evidence of a legitimate, nondiscriminatory reason for a challenged action in response to a prima facie case, the charging party must demonstrate that the reason offered by the respondent is a pretext for unlawful discrimination or illegal retaliation. The charging party can prove pretext with evidence that the respondent's acts were more likely based on an unlawful motive or indirectly with evidence that the explanation for the challenged action is not credible and is unworthy of belief.

(5) If a charging party has established a prima facie case with direct evidence of unlawful discrimination or illegal retaliation, the respondent must prove by a preponderance of the evidence that an unlawful motive played no role in the challenged action or that the direct evidence of discrimination is not credible and is unworthy of belief.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-101, 49-2-303, 49-2-304, 49-2-305, 49-2-306, 49-2-307, 49-2-308, 49-2-403, 49-3-101, 49-3-103, 49-3-104, 49-3-201, 49-3-202, 49-3-203, 49-3-204, 49-3-205, 49-3-206, 49-3-207, and 49-3-208, MCA
History: NEW, 1996 MAR p. 2871, Eff. 10/25/96.

Mont. Admin. R. 24.9.611 Burden of Proof--Mixed Motive Case

(1) When the charging party proves that the respondent engaged in unlawful discrimination or illegal retaliation but the respondent proves the same action would have been taken in the absence of the unlawful discrimination or illegal retaliation, the case is a mixed motive case. In a mixed motive case, the commission will order respondent to refrain from the discriminatory conduct and may impose other conditions to minimize future violations, but the commission will not issue an order awarding compensation for harm to the charging party caused by an adverse action that would have been taken by the respondent regardless of an unlawful discriminatory or retaliatory motive.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-101, 49-2-303, 49-2-304, 49-2-305, 49-2-306, 49-2-307, 49-2-308, 49-2-403, 49-3-101, 49-3-103, 49-3-104, 49-3-201, 49-3-202, 49-3-203, 49-3-204, 49-3-205, 49-3-206, 49-3-207, 49-3-208, and 49-3-209, MCA
History: NEW, 1996 MAR p. 2871, Eff. 10/25/96.

Mont. Admin. R. 24.9.612 Burden of Proof--Disparate Impact

(1) To prevail on a claim of unlawful discrimination based on disparate impact, a charging party must establish a prima facie case by proving that one or more identified practices or policies of the respondent have a significant or substantial adverse effect on the charging party's protected class.

(2) Evidence of a respondent's intent to discriminate against members of a protected class is not required to establish a prima facie case of unlawful discriminatory practice based on disparate impact.

(3) Once a charging party establishes a prima facie case of unlawful discrimination based on a charge of disparate impact, the respondent must produce evidence of a legitimate business justification for the challenged practices or policies. Proof of a legitimate business justification requires admissible evidence that the challenged practices or policies are job-related and consistent with business necessity.

(4) If a respondent produces admissible evidence of a legitimate business justification for a challenged business practice or policy, the charging party must prove that the articulated justification offered by the respondent is a pretext for unlawful discrimination. The charging party may prove pretext directly with evidence that an unlawful motive more likely motivated the respondent, or indirectly with evidence that the articulated business justification is not worthy of belief or that there are other practices or policies available which are equally effective in serving the legitimate business interests of the respondent which do not have similar discriminatory effects upon members of a protected class.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-101, 49-2-303, 49-2-304, 49-2-305, 49-2-306, 49-2-307, 49-2-308, 49-2-403, 49-3-101, 49-3-103, 49-3-104, 49-3-201, 49-3-202, 49-3-203, 49-3-204, 49-3-205, 49-3-206, 49-3-207, and 49-3-208, MCA
History: NEW, 1996 MAR p. 2871, Eff. 10/25/96.

Mont. Admin. R. 24.9.613 Direct Threat

(1) Direct threat means a significant risk of substantial harm to the health and safety of the individual or others that cannot be eliminated or reduced by a reasonable accommodation.

(2) An employer that takes an adverse action against a person with a disability on the grounds that the person with a disability poses a direct threat shall perform an independent assessment of the risk of harm before taking the adverse employment action in question.

(3) A determination that an individual poses a direct threat must be based on an individualized assessment of the individual's present ability safely to perform the essential functions of the job. The assessment must be based on an evaluation of the employee, taking into account all relevant information regarding work and medical history. Assessment of medical history must be based on a reasonable medical judgment that relies on the most current medical knowledge and/or the best available objective evidence. In determining whether an individual would pose a direct threat, the factors to be considered include:

(a) the duration of the risk;

(b) the nature and severity of the potential harm;

(d) the imminence of the potential harm.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-101, 49-3-101, MCA
History: NEW, 2017 MAR p. 91, Eff. 1/7/17.

(2) Records which fulfill the requirements of the U.S. equal employment opportunity commission recordkeeping requirements are sufficient to meet the requirements of this rule.

(3) Information about racial or ethnic identity may be acquired by visual survey of the work force and, if at all possible, should not be by direct inquiry. Such information shall be kept separately from other personnel records and shall be maintained as total numbers without identification of individuals.

(4) All personnel records made or kept by an employer, including, but not necessarily limited to, application forms and other records related to hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation and selection for training or apprenticeship, shall be preserved for 2 years from the date the record is made or from the date of the personnel action involved, whichever occurs later.

(5) If a discrimination complaint is filed, the respondent shall preserve all personnel records relevant to the complaint until final disposition of the complaint. Personnel records relevant to a complaint include personnel records relating to the complainant and to all other employees holding positions similar to that held or sought by the complainant and application forms or test papers completed by an unsuccessful applicant and all other candidates for the same position.

(6) Labor organizations shall preserve membership or referral records, including applications for membership or referral for 2 years from the date the records are made. If a discrimination complaint is filed, a labor organization shall preserve all records relevant to the complaint until final disposition of the complaint.

History

Authorizing statute(s): Sec. 49-2-204, 49-3-106 MCA
Implementing statute(s): Sec. 49-2-102, 49-2-303, 49-3-201 MCA
History: NEW, Eff. 1/2/77; AMD, 1991 MAR p. 1841, Eff. 9/27/91.

Subchapter 24.9.10 Sex Discrimination In Education

Mont. Admin. R. 24.9.1001 Purpose

(1) The purpose of this subchapter is to provide guidelines that will enable educational institutions to prevent and eliminate discrimination on the basis of sex. These rules are interpretive rules. The fact that a particular situation is not addressed in these rules shall not be construed to preclude a cause of action under the Montana Human Rights Act or the Governmental Code of Fair Practices.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-307, 49-3-203, MCA
History: This rule is advisory only but may be a correct interpretation of the law, 2-4-308, MCA, Eff. 10/1/83. NEW, 1987 MAR p. 312, Eff. 3/27/87.

Mont. Admin. R. 24.9.1002 Definitions

(1) "Admission" means selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an education program or activity operated by an educational institution.

(2) "Auxiliary services" for students includes but is not limited to: health care, food services, playing fields, public accommodations on campus, speech therapy, remedial programs, mental health programs, and special programs.

(3) "Educational institution" means a public or private institution and includes an academy; college; elementary or secondary school; extension course; kindergarten; nursery; school system; university; business, nursing, professional, secretarial, technical or vocational school; or agent of an educational institution.

(4) "Extracurricular activity" includes school-sponsored or supported clubs, teams, or activities of general or specific interest not part of classroom instruction.

(5) "Housing accommodation" means a building or portion of a building whether constructed or to be constructed, which is or will be used as the sleeping quarters of its occupants.

(6) "Person" means one or more individuals, and includes applicants for admission as well as students.

(7) "Physical education activities involving bodily contact" means boxing, wrestling, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact.

(8) "Public accommodation" means a place which is operated by an educational institution as defined in section 49-2-101 (17), MCA.

(9) "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

(10) "Sexual intimidation" means any unreasonable behavior, verbal or nonverbal, which has the effect of subjecting members of either sex to humiliation, embarrassment or discomfort because of their gender.

(11) "Student" means a person who has gained admission and is currently engaged in the program of an educational institution.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-307, 49-3-203, MCA
History: This rule is advisory only but may be a correct interpretation of the law, 2-4-308, MCA, Eff. 10/1/83. NEW, 1987 MAR p. 312, Eff. 3/27/87.

Mont. Admin. R. 24.9.1003 Treatment of Students

(1) Unless an exception is based on reasonable grounds, no student shall, on the basis of sex, be denied equal access to programs, extracurricular activities or services or benefits or be limited in the exercise of any right, privilege, advantage or opportunity.

(2) Because of the potential adverse impact upon female students of restrictions related to pregnancy or parental status, no student shall be discriminated against because of pregnancy or actual or potential parental status unless such action is based upon reasonable grounds.

(a) Unless an exception is based on reasonable grounds, pregnancy shall be treated as any other temporary disability.

(b) Unless an exception is based on reasonable grounds, pregnancy or parenthood shall not be considered cause for dismissal or exclusion from any program or activity.

(c) Participation in special programs provided for pregnant students or students who are parents shall be at the student's option.

(d) Educational institutions shall eliminate administrative and programmatic barriers to school attendance and school completion by pregnant students or students who are parents.

(e) Unless an exception is based on reasonable grounds, no student shall be discriminated against because of his or her actual or potential marital status.

(3) No student shall be subjected to sexual intimidation or harassment by any school employee, or by the effect of any school policy or practice when any employee or agent of the educational institution knew or reasonably should have known of the activity, policy or practice. No student shall be subject to sexual harassment or sexual intimidation by another student on school-owned or controlled property or at any school sponsored or supervised functions or activities when any agent or employee of the educational institution knew or reasonably should have known of the activity.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-307, 49-3-203, MCA
History: This rule is advisory only but may be a correct interpretation of the law, 2-4-308, MCA, Eff. 10/1/83. NEW, 1987 MAR p. 312, Eff. 3/27/87.

Mont. Admin. R. 24.9.1004 Admissions

(1) Unless an exception is based on reasonable grounds, no person shall, on the basis of sex, be denied admission, or be subjected to discrimination in admission, by an educational institution.

(2) In determining whether a person has satisfied any policy or criterion for admission, or in making any offer of admission, an educational institution shall not:

(a) give preference to one person over another on the basis of sex by ranking applicants separately on such basis, or otherwise;

(b) apply numerical limitations upon the number or proportion of persons of either sex who may be admitted; or

(3) An educational institution shall not administer or require any test or apply any other criterion as the sole basis for admission which has a disproportionately adverse effect on persons on the basis of sex unless the use of such test or criterion is shown to predict validly success in the education program or activity in question. An exception to this rule may exist if it can be shown that alternative tests or criteria which do not have such a disproportionately adverse effect are unavailable.

(4) In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, an educational institution shall not discriminate against or exclude any person on the basis of pregnancy, childbirth, termination of pregnancy, or recovery therefrom, or establish or follow any rule or practice which so discriminates or excludes.

(5) An educational institution may make pre-admission inquiry as to the sex of an applicant for admission, but only if the inquiry is made equally of applicants of both sexes and if the results of the inquiry are not used in connection with discrimination prohibited by this part. Information relating to the sex of an individual that is obtained by the educational institution for statistical purposes may not be used in any admission determination.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-307, 49-3-203, MCA
History: This rule is advisory only but may be a correct interpretation of the law, 2-4-308, MCA, Eff. 10/1/83. NEW, 1987 MAR p. 312, Eff. 3/27/87.

Mont. Admin. R. 24.9.1005 Guidance and Counseling Services

(1) Unless an exception is based on reasonable grounds, school personnel assigned to provide guidance and counseling services, and all materials used in the provision of those services, shall, without regard to their sex, encourage students to explore and develop their individual interests in vocational programs, employment, and educational opportunities. This may include encouraging students to consider nontraditional occupations, careers and educational courses or programs.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-307, 49-3-203, MCA
History: This rule is advisory only but may be a correct interpretation of the law, 2-4-308, MCA, Eff. 10/1/83. NEW, 1987 MAR p. 312, Eff. 3/27/87.

Mont. Admin. R. 24.9.1006 Access to Course Offerings and Activities

(1) Unless an exception is based on reasonable grounds, an educational institution shall not provide any course or otherwise carry out any of its educational programs or activities separately on the basis of sex, or require or refuse participation therein by any of its students on such basis, including health, physical education, industrial, business, vocational, technical, home economics, music and adult education courses.

(2) This rule does not prohibit grouping of students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex.

(3) This rule does not prohibit separation of students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball and other sports, the purpose or major activity of which involves bodily contact.

(4) Where use of a single standard of measuring skill or progress in a physical education class has an adverse effect on members of one sex, the educational institution shall use appropriate standards which do not have such effect.

(5) Portions of classes in elementary and secondary schools which deal exclusively with human sexuality may be conducted in separate sessions for boys and girls.

(6) Educational institutions may make requirements based on vocal range or quality which may result in a chorus or choruses of one or predominantly one sex.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-307, 49-3-203, MCA
History: This rule is advisory only but may be a correct interpretation of the law, 2-4-308, MCA, Eff. 10/1/83. NEW, 1987 MAR p. 312, Eff. 3/27/87.

Mont. Admin. R. 24.9.1007 Textbooks and Instructional Materials

(1) Textbooks and instructional materials are part of an educational program and as such are considered to be part of the terms and conditions or privileges provided by an educational institution under the Montana Human Rights Act and the Governmental Code of Fair Practices. Nothing in these rules shall be interpreted as requiring or prohibiting or abridging in any way the use of particular textbooks or instructional materials. However, the commission encourages educational institutions to utilize textbooks and instructional materials that portray males and females in a wide variety of occupational, emotional and behavioral situations and in the full range of their human potential.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-307, 49-3-203, MCA
History: This rule is advisory only but may be a correct interpretation of the law, 2-4-308, MCA, Eff. 10/1/83. NEW, 1987 MAR p. 312, Eff. 3/27/87.

Mont. Admin. R. 24.9.1008 Extracurricular and Athletic Activities

(1) Unless based on reasonable grounds, no person, on the basis of sex, shall be denied equality of opportunity to participate in extracurricular activities and athletics sponsored by an educational institution.

(2) In determining whether equality of opportunity is available, the factors to be considered, among others, are:

(a) whether the selection of sports and levels of competition effectively accommodates the interests and abilities of both sexes;

(b) the provision of equipment, supplies and services;

(d) travel and per diem allowances;

(e) opportunity to receive coaching and academic tutoring;

(f) qualifications, assignment and compensation of coaches, officials, and tutors;

(g) provision of locker rooms, practice and competitive facilities;

(h) provision of medical and training facilities and services;

(i) provision of housing and dining facilities and services, and;

(j) publicity.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-307, 49-3-203, MCA
History: This rule is advisory only but may be a correct interpretation of the law, 2-4-308, MCA, Eff. 10/1/83. NEW, 1987 MAR p. 312, Eff. 3/27/87.

Mont. Admin. R. 24.9.1009 Financial Aid

(1) Unless an exception is based on reasonable grounds, no person shall, on the basis of sex, be limited or denied financial assistance from an educational institution.

(2) To the extent that an educational institution awards athletic scholarships or grants-in-aid, it must provide reasonable opportunities for such awards for members of each sex in proportion to the number of students of each sex participating in interscholastic or intercollegiate athletics.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-307, 49-3-203, MCA
History: This rule is advisory only but may be a correct interpretation of the law, 2-4-308, MCA, Eff. 10/1/83. NEW, 1987 MAR p. 312, Eff. 3/27/87.

Mont. Admin. R. 24.9.1010 Housing and Auxiliary Services for Students

(1) Unless an exception is based on reasonable grounds, an educational institution shall not, on the basis of sex, apply different rules or regulations, impose different fees or requirements or different services or benefits related to housing and auxiliary services.

(2) An educational institution may provide separate housing and auxiliary services on the basis of sex so long as the housing and auxiliary services provided to students of one sex, compared to that provided to students of the other sex, be, as a whole, and to the extent reasonably attainable by the institution, proportionate in quantity and comparable in quality and cost to the student. Students shall be provided equal access and equal treatment.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-307, 49-3-208, MCA
History: This rule is advisory only but may be a correct interpretation of the law, 2-4-308, MCA, Eff. 10/1/83. NEW, 1987 MAR p. 312, Eff. 3/27/87.

Mont. Admin. R. 24.9.1011 Employment Assistance/Placement

(1) Unless an exception is based on reasonable grounds, an educational institution which assists an agency, organization or person in making employment available to any of its students shall obtain assurances that such employment is made available without discrimination on the basis of sex.

(2) An educational institution that makes school facilities available to or otherwise assists an agency, person, or organization known to engage in unlawful employment discrimination furthers and sanctions the discriminatory practice.

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-307, 49-3-202, 49-3-205, MCA
History: This rule is advisory only but may be a correct interpretation of the law, 2-4-308, MCA, Eff. 10/1/83. NEW, 1987 MAR p. 312, Eff. 3/27/87.

Authorizing statute(s): Sec. 2-15-1706, 49-2-204 MCA
Implementing statute(s): 49-2-305 MCA
History: NEW, 1985 MAR p. 1399, Eff. 7/1/87; REP, 1987 MAR p. 1094, Eff. 4/17/87.

Subchapter 24.9.12 Maternity Leave

Mont. Admin. R. 24.9.1201 Definitions

(1) "Disability as a result of pregnancy" includes any condition certifiable by a medical doctor as disabling, whether the condition arises as a result of the normal course of pregnancy, or as a result of abnormal medical conditions which occur in the course of a pregnancy, and may cover the time period beginning with conception through termination of gestation and a reasonable period for recovery therefrom.

(2) "Maternity leave" means any leave of absence granted to or required of an employee because of such employee's disability due to pregnancy.

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): 49-2-310 and 49-2-311 MCA
History: NEW, 1984 MAR p. 1369, Eff. 9/14/84.

Mont. Admin. R. 24.9.1202 Termination of Employment Due to Pregnancy Prohibited

Section 49-2-310 (1) , MCA provides that it is unlawful for an employer or his agent to terminate a woman's employment because of her pregnancy. For purposes of this provision, "terminations" shall include all involuntary dismissals, all resignations in which the employees' resignation was required by the employer or permitted as the sole alternative to dismissal and those situations in which the totality of the circumstances surrounding a resignation by an employee indicate that the resignation was compelled by the conduct or policy of the employer or agent. Coercive conduct by an employer or his agent toward an employee in order to secure her resignation, when the employee's pregnancy constitutes a substantial reason for the conduct, shall be considered a violation of this provision.

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): 49-2-310 and 49-2-311 MCA
History: NEW, 1984 MAR p. 1369, Eff. 9/14/84.

Mont. Admin. R. 24.9.1203 Right to Reasonable Leave of Absence

Section 49-2-310 (2) , MCA provides that it is unlawful for an employer or his agent to refuse to grant to an employee a reasonable leave of absence for pregnancy. In determining the standards of reasonableness which shall apply to a request for a leave of absence for a pregnancy, an employer shall apply standards at least as inclusive as those which he applies to requests for leave of absence for any other valid medical reason.

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): 49-2-310 and 49-2-311 MCA
History: NEW, 1984 MAR p. 1369, Eff. 9/14/84.

Mont. Admin. R. 24.9.1204 Mandatory Leave for Unreasonable Length of Time Prohibited

Section 49-2-310 (5) , MCA provides that no employer may require an employee to take a mandatory maternity leave for an unreasonable length of time. The reasonableness of the length of time for which an employee is required to take a mandatory maternity leave shall be determined on a case by case basis. However, the employer shall have the burden of proving that a maternity leave for a period of time other than that prescribed by the employee's medical doctor is reasonable, and in no case shall an employee be required to take an uncompensated maternity leave for a longer period of time than a medical doctor who has actually examined the employee shall certify that the employee is unable to perform her employment duties. Neither this section nor any other section of these regulations shall prohibit an employer and employee from mutually agreeing, in the case of the particular employee, to a longer period of maternity leave, either compensated or uncompensated than would be required by this regulation. However, no employer may enter into a general agreement with any group or association of employees which requires a longer period of mandatory maternity leave than is permitted by this regulation.

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): 49-2-310 and 49-2-311 MCA
History: NEW, 1984 MAR p. 1369, Eff. 9/14/84.

Mont. Admin. R. 24.9.1205 Verification of Disability

In any case where an employee makes a claim against her employer for any compensation to which she is entitled as a result of the accumulation of disability or leave benefits accrued pursuant to plans maintained by her employer, including any insurance or other disability plans referred to in ARM 24.9.1206 and the claim is based on a disability covered by and defined in Title 49, Chapter 2, MCA, and these regulations, the employer may require that the disability be verified by medical certification by a physician competent to treat and diagnose the particular disability, that the employee is, or at the time for which the claim is made, was unable to perform her employment duties. For purposes of obtaining this medical certification the employer may require that the claimant submit to a physical or mental examination by a medical doctor to verify the claimed disability by medical certification.

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): 49-2-310 and 49-2-311 MCA
History: NEW, 1984 MAR p. 1369, Eff. 9/14/84.

Mont. Admin. R. 24.9.1206 Pregnancy-Related Disabilities to Be Treated as Temporary Disabilities

Disabilities as a result of a pregnancy, childbirth or related medical condition are for all job-related purposes, temporary disabilities and shall not be treated less favorably than other temporary disabilities under any health, medical, or temporary disability insurance plan or sick leave plan maintained by employer. The question of maintenance is one of fact which will be judged upon all of the evidence. No written or unwritten employment policies or practices involving matters such as commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement or payment under any health, medical, or temporary disability insurance plan, or under any sick leave, disability leave or disability benefit plan whatsoever, whether formal or informal, shall be applied to disability due to pregnancy, on terms or conditions less favorable than those applied to other temporary disabilities.

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): 49-2-310 and 49-2-311 MCA
History: NEW, 1984 MAR p. 1369, Eff. 9/14/84.

Mont. Admin. R. 24.9.1207 Return to Employment After Maternity Leave

Section 49-2-311 , MCA requires that an employee who has signified her intent to return at the end of her maternity leave of absence shall be reinstated to her original job or an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other service credits unless, in the case of a private employer, the employer's circumstances have so changed as to make it unreasonable or impossible to do so.

History

Authorizing statute(s): Sec. 2-15-1706 MCA
Implementing statute(s): 49-2-310 and 49-2-311 MCA
History: NEW, 1984 MAR p. 1370, Eff. 9/14/84.

Subchapter 24.9.13 Insurance And Retirement Plans

Mont. Admin. R. 24.9.1301 Definitions

(1) The term "insurer" as used in this subchapter means any financial institution or person, as those terms are defined in section 49-2-101, MCA, that issues, operates, sells or otherwise provides any type of insurance policy, plan, or coverage or any pension or retirement plan, program, or coverage to another person or persons, except that an employer or organization which provides to its employees or members a group insurance policy, plan, or coverage or pension or retirement plan, program, or coverage purchased from or provided by an insurer is not an insurer.

History

Authorizing statute(s): 49-2-204 MCA
Implementing statute(s): 49-2-309 MCA
History: NEW, 1985 MAR p. 1615, Eff. 11/1/85.

Mont. Admin. R. 24.9.1302 Rates and Premiums; Property and Casualty Insurance

(1) Rates or premiums for any property or casualty insurance policy, plan, or coverage on a risk, when the risk is resident, located, or to be performed in the state of Montana shall not be based on sex or marital status.

(2) Factors which an insurer may take into account to determine rates or premiums for motor vehicle liability and property coverage include, but are not limited to:

(a) The age of the driver.

(b) The length of driving experience.

(d) A determination of which driver, among several insured individuals, is the primary driver of a covered vehicle, based upon the proportionate use of each vehicle insured under the policy by individual drivers insured or to be insured under the policy.

(e) Average number of miles driven over a period of time.

(f) Type of use, such as business, farm, or pleasure use.

(g) Vehicle characteristics, features, and options such as engine displacement, ability of vehicle and its equipment to protect passengers from injury, vehicle make and model, and design characteristics related to damagability of the vehicle.

(h) Commuting mileage over a period of time.

(i) The number of cars insured or number of licensed operators in the household, without regard to the sex or marital status of the licensed operators. An insurer may not utilize a policy of establishing insurance rates for an individual based upon the driving record of a spouse who is a licensed operator but not a primary driver of the vehicle to be insured unless the policy is applied in the same manner to households of individuals not married to each other.

(j) The amount of insurance.

(k) The anticipated cost of vehicle repairs or replacement, which may be measured by age, price, cost, or value of the insured automobile, and other related factors.

(l) Geographic location.

(m) The accident record ofthe insured, including accidents for which the insured, although not cited, was substantially at fault.

(n) The driving record of the insured, including citations.

History

Authorizing statute(s): Sec. 49-2-304 MCA
Implementing statute(s): Sec. 49-2-309 MCA
History: NEW, 1985 MAR p. 1615, Eff. 11/1/85.

Mont. Admin. R. 24.9.1303 Rates and Premiums; Life, Disability, and Health Insurance, Annuities, and Pension and Retirement Plans, Programs, and Coverages

(1) Rates or premiums for life, disability, and health insurance policies, plans, and coverages, including annuities and pension and retirement plans, programs, and coverages, issued, delivered, or issued for delivery in the state of Montana shall not be based on sex or marital status.

(2) Factors which an insurer may take into account to determine rates or premiums for a life, disability, or health insurance policy, plan, program, or coverage, include but are not limited to age, weight, general health, personal habits such as smoking or other use of tobacco, consumption of alcoholic beverages, and the hazardous nature of work or recreation engaged in by the insured.

History

Authorizing statute(s): Sec. 49-2-204 MCA
Implementing statute(s): Sec. 49-2-309 MCA
History: NEW, 1985 MAR p. 1615, Eff. 11/1/85.

Mont. Admin. R. 24.9.1304 Payments or Benefits

(1) No payments or benefits or any insurance policy, plan or coverage or pension or retirement plan, program, or coverage shall be based on sex or marital status.

History

Authorizing statute(s): Sec. 49-2-204 MCA
Implementing statute(s): Sec. 49-2-309 MCA
History: NEW, 1985 MAR p. 1615, Eff. 11/1/85.

Mont. Admin. R. 24.9.1305 Jurisdiction and Applicability Date

(1) Section 49-2-309 , MCA, and this sub-chapter are applicable to all insurance policies, plans, and coverages and pension or retirement plans, programs or coverages subject to the laws of Montana and issued or entered into on or after October 1, 1985.

(2) Any term, payment, or benefit of an insurance policy, plan, or coverage or pension or retirement plan, program or coverage in effect prior to October 1, 1985, may be exercised in accordance with the terms of that policy, plan, program, or coverage. Options to increase or decrease coverage, annual rate adjustments and settlement options in life insurance policies are examples of terms which if included in a policy, plan, program or coverage in effect prior to October 1, 1985, may be exercised without regard to 49-2-309 , MCA or these rules.

(3) In determining if a policy, plan, program, or coverage was in effect prior to October 1, 1985, the primary consideration will be whether a new contract is formed on or after October 1, 1985, or whether a pre-October 1 contract is continued after that date.

(4) Section 49-2-309 ; MCA, and these rules, are applicable to any agreement whereby an insurer and an insured agree to an extension or continuation of a pre-October 1, 1985 insurance policy, plan, or coverage or pension or retirement plan, program, or coverage when no consideration was given in the pre-October 1, contract for the right to extend or continue upon the same terms. The fact that the contract formed by extension or continuation is identical to the pre-October 1, 1985 contract is not material if no consideration for the right to extend or continue the pre-October 1 terms was given.

(5) Section 49-2-309 , MCA, and these rules do not apply to any insurance policy, plan, or coverage or pension or retirement plan, program or coverage issued to or provided to a person who resided in a state other than Montana at the time the policy, plan, program or coverage became effective.

History

Authorizing statute(s): Sec. 49-2-204 MCA
Implementing statute(s): Sec. 49-2-309 MCA
History: NEW, 1985 MAR p. 1615, Eff. 11/1/85.

Subchapter 24.9.14 Guidelines For Employment

Mont. Admin. R. 24.9.1401 General Principles

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 2-15-1706, MCA
Implementing statute(s): 49-2-102, 49-2-303, 49-2-401, MCA, NEW, Eff. 1/4/75
History: REP, 1996 MAR p. 2871, Eff. 10/25/96.

Mont. Admin. R. 24.9.1402 Sex Discrimination as a Reasonable Demand of Employment

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 2-15-1706, MCA
Implementing statute(s): 49-2-102, 49-2-303, 49-2-401, MCA
History: NEW, Eff. 1/2/77; REP, 1996 MAR p. 2871, Eff. 10/25/96.

Mont. Admin. R. 24.9.1403 Age Discrimination as a Reasonable Demand of Employment

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 2-15-1706, MCA
Implementing statute(s): 49-2-102, 49-2-303, 49-2-401, MCA
History: NEW, Eff. 1/4/75; REP, 1996 MAR p. 2871, Eff. 10/25/96.

Mont. Admin. R. 24.9.1404 Physical Handicap Discrimination as a Reasonable Demand of Employment

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 2-15-1706, MCA
Implementing statute(s): 49-2-102, 49-2-303, 49-2-401, MCA
History: NEW, Eff. 1/4/75; REP, 1996 MAR p. 2871, Eff. 10/25/96.

Mont. Admin. R. 24.9.1405 Mental Handicap Discrimination as a Demand of Employment

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 2-15-1706, MCA
Implementing statute(s): 49-2-102, 49-2-303, 49-2-401, Eff. 1/4/75
History: REP, 1996 MAR p. 2871, Eff. 10/25/96.

Mont. Admin. R. 24.9.1406 Pre-Employment Inquiries

(1) Any pre- employment inquiry made in connection with prospective employment which elicits information regarding race, color, national origin, religion, creed, physical or mental disability, age, sex, marital status or, in the case of government employment, political beliefs, shall raise a suspicion of intent to unlawfully discriminate except when:

(a) the inquiry is required for implementation of a bona fide lawful affirmative action plan,

(b) the inquiry is required by court ordered or other government reporting or record-keeping requirements or

(c) in the case of an inquiry concerning age, physical or mental disability, marital status or sex, the reasonable demands of the position (bona fide occupational qualifications) require an age, physical or mental disability, marital status or sex distinction.

(2) Whether or not any pre-employment inquiry is actually unlawful depends upon whether the inquiry was intended to be used or was used to unlawfully discriminate. The following preemployment inquiries may raise a suspicion that the employer intends to use the information to unlawfully discriminate and, therefore, should not be asked at any time during the hiring process, including, but not limited to, on application forms and during interviews. The list contains suspect pre-employment inquiries followed, when appropriate, by examples of lawful inquiries regarding the same information.

(a) General inquiry regarding race, color, national origin, religion, creed, physical or mental disability, age, sex or marital status and, in the case of governmental employers only, political beliefs.

(b) Inquiry regarding original name. It is lawful to inquire regarding change of name for purposes of checking employment and education records.

(c) Inquiry regarding residency which requests information indicating birthplace or place of foreign citizenship, former or present. It is lawful to inquire regarding present address, previous address in the U.S. and duration of residency in a particular city, county or state.

(d) When age is a bona fide occupational qualification, an inquiry which requires that age be proven by birth certificate or baptismal record. When age is a bona fide occupational qualification, it is lawful to require that age be proven by a record which does not indicate national origin, ancestry or religion.

(e) Inquiry regarding skin, hair or eye color.

(f) Requirement of a photograph or a request for one, at the applicant's option.

(g) Inquiry regarding military experience outside the U.S. armed forces.

(h) Inquiry regarding criminal arrests. It is lawful to inquire regarding criminal convictions.

(i) Inquiry regarding native language, or the manner in which a foreign language was acquired. It is lawful to inquire regarding foreign languages spoken and degree of fluency.

(j) General inquiry regarding membership in organizations. It is lawful to inquire regarding membership in organizations the names of which do not indicate race, color, national origin, religion, creed, physical or mental disability, age, sex or marital status. Additionally, government employers should not inquire regarding membership in organizations the names of which indicate political beliefs.

(k) Inquiry regarding names of relatives.

(l) Inquiry regarding garnishment record.

(m) General inquiry regarding physical or mental condition. It is lawful to make necessary and job-related inquiries regarding specific physical or mental conditions required by the reasonable demands of the position.

(n) Inquiry regarding pregnancy or childbearing plans.

(o) Inquiry of applicants of only one sex regarding childcare arrangements.

(p) Inquiry regarding citizenship.

(q) Inquiry regarding height and weight.

(3) Information necessary for tax, insurance, social security, compliance with garnishment or immigration laws or other legitimate business purposes may be obtained after employment.

History

Authorizing statute(s): 49-2-204 and 49-3-106, MCA
Implementing statute(s): 49-2-303 and 49-3-201, MCA
History: NEW, Eff. 1/4/75; AMD, 1991 MAR p. 1841, Eff. 9/27/91; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.1407 Adoption of Eeoc Sex Discrimination Guidelines

(1) The human rights commission hereby affirms its adoption of the Guidelines on Sex Discrimination promulgated by the United States equal employment opportunity commission, as last revised as of July 1, 1998. The guidelines are codified as Title 29 CFR, chapter XIV, part 1604, including the appendix. A copy of the guidelines may be obtained from the human rights bureau, department of labor and industry.

History

Authorizing statute(s): 49-2-204 and 49-3-106, MCA
Implementing statute(s): 49-2-102, 49-2-303, and 49-2-401, MCA
History: NEW, Eff. 1/2/77; AMD, 1983 MAR p. 329, Eff. 6/1/83; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.1408 Adoption of Eeoc Religious Discrimination Guidelines

(1) The human rights commission hereby affirms its adoption of the Guidelines on Religious Discrimination promulgated by the United States equal employment opportunity commission, as last revised as of July 1, 1998. The guidelines are codified as Title 29 CFR, chapter XIV, part 1605, including the appendix. A copy of the guidelines may be obtained from the human rights bureau, department of labor and industry.

History

Authorizing statute(s): 49-2-204 and 49-3-106, MCA
Implementing statute(s): 49-2-102, 49-2-303, and 49-2-401, MCA
History: NEW, Eff. 1/2/77; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.1409 Adoption of Eeoc National Origin Discrimination Guidelines

(1) The human rights commission hereby affirms its adoption of the Guidelines on National Origin Discrimination promulgated by the United States equal employment opportunity commission, as last revised as of July 1, 1998. The guidelines are codified as Title 29 CFR, chapter XIV, part 1606. A copy of the guidelines may be obtained from the human rights bureau, department of labor and industry.

History

Authorizing statute(s): 49-2-204 and 49-3-106, MCA
Implementing statute(s): 49-2-102, 49-2-203, and 49-2-401, MCA
History: NEW, Eff. 1/2/77; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.1410 Adoption of Eeoc Guidelines on Employee Selection Procedures

(1) The human rights commission hereby affirms its adoption of the Uniform Guidelines on Employee Selection Procedures, including their appendix, "Policy Statement on Affirmative Action" promulgated by the United States equal employment opportunity commission as last revised as of July 1, 1998. The guidelines are codified as Title 29 CFR, chapter XIV, part 1607, including the appendix. A copy of the guidelines may be obtained from the human rights bureau, department of labor and industry.

History

Authorizing statute(s): 49-2-204 and 49-3-106, MCA
Implementing statute(s): 49-2-102, 49-2-303, and 49-2-401, MCA
History: NEW, Eff. 1/2/77; AMD, 1980 MAR p. 1137, Eff. 4/11/80; AMD, 1980 MAR p. 1711, Eff. 6/27/80; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.1411 Eeoc Guidelines Read in Conjunction with Commission Interpretive Rules

(1) The guidelines promulgated by the United States equal employment opportunity commission and adopted by the human rights commission are to be read together and in conjunction with the provisions of ARM 24.9.1401 through 24.9.1412, the guidelines for employment adopted by the human rights commission.

History

Authorizing statute(s): 2-15-1706, MCA
Implementing statute(s): 49-2-102, 49-2-203, MCA
History: NEW, Eff. 1/2/77.

Mont. Admin. R. 24.9.1412 Adoption of Eeoc Affirmative Action Guidelines

(1) The human rights commission hereby affirms its adoption of the Affirmative Action Guidelines promulgated by the United States equal employment opportunity commission as last revised as of July 1, 1998. The guidelines are codified as Title 29 CFR, chapter XIV, part 1608. A copy of the guidelines may be obtained from the human rights bureau, department of labor and industry.

History

Authorizing statute(s): 49-2-204 and 49-3-106, MCA
Implementing statute(s): 49-2-303, MCA
History: NEW, 1980 MAR p. 1712, Eff. 6/27/80; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

Subchapter 24.9.15 Housing Discrimination Procedures and Definitions

Mont. Admin. R. 24.9.1501 Purpose and Scope of Rules

(1) The following rules describe the procedures and definitions followed by the department and commission in investigating and resolving complaints of housing discrimination filed before July 1, 1997. Except as otherwise provided in this sub-chapter, ARM 24.9.101 through 24.9.331 also apply to the procedure for housing complaints.

History

Authorizing statute(s): 49-2-204, MCA
Implementing statute(s): 49-2-305 and 49-2-510, MCA
History: NEW, 1991 MAR p. 2488, Eff. 12/13/91; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.1502 Definitions

(1) "Child" means an individual who has not attained the age of 18 and who is domiciled with:

(a) A parent or another person having legal custody of the individual; or

(b) The designee of a parent, other person or entity having custody, with the written permission of the parent, other person or entity.

(2) "Familial status" - The protections afforded against discrimination on the basis of familial status shall also apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

(3) "Housing for older persons" - The determination as to whether housing under any state or federal program is specifically designed and operated to assist elderly persons shall be made by the department, commission or the United States department of housing and urban development.

History

Authorizing statute(s): 49-2-204, MCA
Implementing statute(s): 49-2-305, MCA
History: NEW, 1991 MAR p. 2488, Eff. 12/13/91; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.1503 Exemptions

(1) Lawful discrimination in housing under 49-2-403 , MCA for the purpose of correcting a previous discriminatory practice must conform to legal standards justifying affirmative action.

(2) Lawful age or disability discrimination in housing under 49-2-403 , MCA based upon capacity to make or be bound by contracts or other obligations must be legally justified by current legal standards regarding capacity to make or be bound by contracts.

(3) Any person or entity asserting entitlement to an exemption under 49-2-403 , MCA has the burden of proving justification for discrimination.

History

Authorizing statute(s): 49-2-204, MCA
Implementing statute(s): 49-2-305 and 49-2-403, MCA
History: NEW, 1991 MAR p. 2488, Eff. 12/13/91; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.1504 Complaints and Answers

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, MCA
Implementing statute(s): 49-2-305, 49-2-510, MCA
History: NEW, 1991 MAR p. 2488, Eff. 12/13/91; REP, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.1505 Investigation

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 49-2-204, MCA
Implementing statute(s): 49-2-305, 49-2-510, MCA
History: NEW, 1991 MAR p. 2488, Eff. 12/31/91; REP, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.1506 Conciliation

(1) A conciliation agreement shall be a written agreement between the respondent and the complainant, and shall be subject to approval of the department on behalf of the commission.

(2) Conciliation agreements shall be made public unless the charging party and the respondent otherwise agree and the department or commission determines that the agreement involves a privacy interest entitled to protection by law.

History

Authorizing statute(s): 49-2-204, MCA
Implementing statute(s): 49-2-305 and 49-2-510, MCA
History: NEW, 1991 MAR p. 2488, Eff. 12/13/91; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

Mont. Admin. R. 24.9.1507 Representation of Charging Party

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, MCA
Implementing statute(s): 49-2-305, 49-2-510, MCA
History: NEW, 1991 MAR p. 2488, Eff. 12/13/91; AMD, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2014 MAR p. 1836, Eff. 8/8/14.

Mont. Admin. R. 24.9.1508 Final Disposition

(1) The department and commission shall make a final administrative disposition of a complaint alleging a discriminatory housing practice within one year after the complaint is filed unless it is impracticable to do so. If the department and commission are unable to make a final administrative disposition within one year, the department shall notify the charging party and respondent in writing of the reasons for not doing so.

History

Authorizing statute(s): 49-2-204, MCA
Implementing statute(s): 49-2-305 and 49-2-510, MCA
History: NEW, 1991 MAR p. 2488, Eff. 12/13/91; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

Subchapter 24.9.17 Appeals to the Commission

Mont. Admin. R. 24.9.1719 Determination of Appeals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 49-2-204, 49-3-106, MCA
Implementing statute(s): 49-2-204, 49-2-505, 49-2-506, MCA
History: NEW, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

Chapter 24.11 Unemployment Insurance Division (transferred to Chapter 40)

Subchapter 24.11.1 Organizational Rules (REPEALED)

Mont. Admin. R. 24.11.101 Division Organization--Location (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-51-302, MCA
Implementing statute(s): 2-4-201, 39-51-301, MCA
History: Eff. 12/31/72; AMD, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1992 MAR p. 803, Eff. 4/17/92; AMD, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2006 MAR p. 916, Eff. 4/7/06; AMD, 2015 MAR p. 932, Eff. 7/17/15; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.102 General Duties and Responsibilities of the Division

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-102, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; REP, 2000 MAR p. 3523, Eff. 12/31/00.

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-3201, MCA
History: NEW, 2011 MAR p. 573, Eff. 5/29/11; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 2-4-302, 39-51-2407, MCA
History: Eff. 12/31/72; AMD, 1988 MAR p. 2723, Eff. 1/1/89; TRANS, from ARM 24.11.307, Eff. 1/1/89; REP, 2024 MAR p. 1458, Eff. 7/1/24.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-605, 39-51-2202, 39-51-2203, 39-51-2205, 39-51-2301, 39-51-2302, 39-51-2303, 39-51-2304, 39-51-2402, 39-51-2507, 39-51-2508, 39-51-2511, 39-51-2602, 39-51-3201, 39-51-3202, 39-51-3206, MCA
History: NEW, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2006 MAR p. 916, Eff. 4/7/06; AMD, 2011 MAR p. 573, Eff. 5/29/11; AMD, 2013 MAR p. 2144, Eff. 11/15/13; AMD, 2016 MAR p. 2058, Eff. 11/11/16; AMD, 2022 MAR p. 352, Eff. 3/12/22; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.452 Able, Available, and Actively Seeking Work

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2101, 39-51-2104, 39-51-2304, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1990 MAR p. 2181, Eff. 12/14/90; AMD, 1994 MAR p. 2835, Eff. 10/30/94; REP, 2000 MAR p. 3523, Eff. 12/31/00.

Mont. Admin. R. 24.11.452A ELIGIBILITY FOR BENEFITS (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.11.452A ELIGIBILITY FOR BENEFITS (REPEALED)

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-504, 39-51-2101, 39-51-2104, 39-51-2115, 39-51-2304, MCA
History: NEW, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2006 MAR p. 2411, Eff. 10/6/06; AMD, 2007 MAR p. 1669, Eff. 10/26/07; AMD, 2011 MAR p. 573, Eff. 5/29/11; AMD, 2013 MAR p. 413, Eff. 3/29/13; AMD, 2013 MAR p. 2144, Eff. 11/15/13; AMD, 2014 MAR p. 593, Eff. 3/28/14; AMD, 2016 MAR p. 2058, Eff. 11/11/16; AMD, 2018 MAR p. 638, Eff. 4/1/18; AMD, 2022 MAR p. 352, Eff. 3/12/22; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.453 Voluntary and Involuntary Separations from Employment

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2101, 39-51-2104, 39-51-2302, 39-51-2303, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1990 MAR p. 2181, Eff. 12/14/90; REP, 2000 MAR p. 3523, Eff. 12/31/00.

Mont. Admin. R. 24.11.453A WORK SEARCH CONTACTS (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.11.453A WORK SEARCH CONTACTS (REPEALED)

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2104, 39-41-2115, 39-51-2304, MCA
History: NEW, 2014 MAR p. 593, Eff. 3/28/14; AMD, 2016 MAR p. 2058, Eff. 11/11/16; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.454 Leaves of Absence--Disciplinary Suspensions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2101, 39-51-2104, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; REP, 2000 MAR p. 3523, Eff. 12/31/00.

Mont. Admin. R. 24.11.454A LEAVING OR DISCHARGE FROM WORK (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.11.454A LEAVING OR DISCHARGE FROM WORK (REPEALED)

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2302, 39-51-2303, MCA
History: NEW, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2006 MAR p. 916, Eff. 4/7/06; AMD, 2011 MAR p. 573, Eff. 5/29/11; AMD, 2013 MAR p. 413, Eff. 3/29/13; AMD, 2016 MAR p. 2058, Eff. 11/11/16; AMD, 2018 MAR p. 638, Eff. 4/1/18; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.455 Refusal of Work (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2304, MCA
History: NEW, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2011 MAR p. 573, Eff. 5/29/11; AMD, 2013 MAR p. 413, Eff. 3/29/13; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.456 Voluntary Layoff (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2101, 39-51-2104, 39-51-2303, 39-51-2304, MCA
History: NEW, 2001 MAR p. 2466, Eff. 12/23/01; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.459 Administrative Penalty (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-3201, MCA
History: NEW, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2014 MAR p. 593, Eff. 3/28/14; AMD, 2016 MAR p. 2058, Eff. 11/11/16; AMD, 2018 MAR p. 638, Eff. 4/1/18; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.460 Disqualification for Misconduct

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2303, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; REP, 2012 MAR p. 1040, Eff. 5/25/12.

Mont. Admin. R. 24.11.461 Specific Acts of Misconduct

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2303, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 2006 MAR p. 916, Eff. 4/7/06; REP, 2013 MAR p. 2144, Eff. 11/15/13

Mont. Admin. R. 24.11.464 Benefits Based on Services in Educational Institutions and Educational Service Agencies (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2108, MCA
History: NEW, 1990 MAR p. 2181, Eff. 12/14/90; AMD, 1994 MAR p. 2951, Eff. 10/30/94; AMD, 2000 MAR p. 3523, Eff. 12/31/00; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.465 Disqualification When Unemployment Due to Strike

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2305, MCA
History: NEW, 1985 MAR p. 1333, Eff. 9/13/85; AMD, 1988 MAR p. 2723, Eff. 1/1/89; TRANS, from 24.11.436, Eff. 1/1/89; REP, 2000 MAR p. 3523, Eff. 12/31/00.

Mont. Admin. R. 24.11.465A DISQUALIFICATION WHEN UNEMPLOYMENT DUE TO STRIKE (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.11.465A DISQUALIFICATION WHEN UNEMPLOYMENT DUE TO STRIKE (REPEALED)

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2305, MCA
History: NEW, 2000 MAR p. 3523, Eff. 12/31/00; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.470 Quality Control (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-301, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 2014 MAR p. 593, Eff. 3/28/14; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.471 Reemployment Eligibility Programs (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2104, 39-51-2304, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 2014 MAR p. 593, Eff. 3/28/14; AMD, 2016 MAR p. 2058, Eff. 11/11/16; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.476 Additional Training Benefits (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2116, MCA
History: NEW, 2011 MAR p. 573, Eff. 5/29/11; AMD, 2016 MAR p. 2058, Eff. 11/11/16; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.478 Covid-19 Claims for Unemployment Insurance Benefits for Weeks of Unemployment Beginning on or After July 12, 2020

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-102, 39-51-301, 39-51-501, MCA
History: NEW, 2020 MAR p. 1628, Eff. 8/29/20; AMD, 2021 MAR p. 120, Eff. 1/31/21; REP, 2021 MAR p. 759, Eff. 6/27/21.

Mont. Admin. R. 24.11.480 Definition of Suitable Work for Extended Benefits Purposes

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2508, MCA
History: NEW, 1982 MAR p. 1397, Eff. 7/16/82; AMD, 1988 MAR p. 2723, Eff. 1/1/89; TRANS, from ARM 24.11.414, Eff. 1/1/89; REP, 2000 MAR p. 3539, Eff. 12/31/00.

Mont. Admin. R. 24.11.481 Definition of Suitable Work for Extended Benefits Purposes--Classification and Determination of Job Prospects (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2508, MCA
History: NEW, 2000 MAR p. 3539, Eff. 12/31/00; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.485 Suitable Work (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2101, 39-51-2112, 39-51-2115, 39-51-2304, MCA
History: NEW, 2011 MAR p. 573, Eff. 5/29/11; AMD, 2013 MAR p. 413, Eff. 3/29/13; AMD, 2013 MAR p. 2144, Eff. 11/15/13; AMD, 2018 MAR p. 638, Eff. 4/1/18; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.487 Hours Typically Worked (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2101, 39-51-2115, MCA
History: NEW, 2011 MAR p. 573, Eff. 5/29/11; AMD, 2018 MAR p. 638, Eff. 4/1/18; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.490 Leave of Absence (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2112, MCA
History: NEW, 2011 MAR p. 573, Eff. 5/29/11; AMD, 2018 MAR p. 638, Eff. 4/1/18; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.491 Suspension (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2101, 39-51-2113, 39-51-2202, 39-51-2402, MCA
History: NEW, 2011 MAR p. 573, Eff. 5/29/11; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-504, MCA
History: NEW, 2000 MAR p. 3539, Eff. 12/31/00; AMD, 2015 MAR p. 932, Eff. 7/17/15; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-1214, 39-51-2111, 39-51-2116, 39-51-2302, 39-51-2303, MCA
History: NEW, 2013 MAR p. 2144, Eff. 11/15/13; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Authorizing statute(s): 39-51-301 and 39-51-302, MCA
Implementing statute(s): 39-51-603, MCA
History: Eff. 12/31/72; AMD, 1988 MAR p. 2723, Eff. 1/1/89; REP, 2004 MAR p. 2808, Eff. 11/19/04.

Authorizing statute(s): 39-51-301 and 39-51-302, MCA
Implementing statute(s): 39-51-1304, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; REP, 2004 MAR p. 2808, Eff. 11/19/04.

Authorizing statute(s): 39-51-302, 39-51-603, MCA
Implementing statute(s): 39-51-301, 39-51-303, 39-51-603, MCA
History: NEW, 2015 MAR p. 932, Eff. 7/17/15; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Authorizing statute(s): 39-51-301, MCA
Implementing statute(s): 39-51-404 (4), MCA
History: NEW, 1983 MAR p. 1674, Eff. 11/11/83; REP, 1995 MAR p. 1950, Eff. 10/1/95.

Authorizing statute(s): 39-51-301 and 39-51-302, MCA
Implementing statute(s): 39-51-504, 39-51-3201, 39-51-3202 and 39-51-3206, MCA
History: NEW, 2000 MAR p. 3539, Eff. 12/31/00; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.11.20 Employers (REPEALED)

Mont. Admin. R. 24.11.2001 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-1103, MCA
History: NEW, 2004 MAR p. 2808, Eff. 11/19/04; REP, 2014 MAR p. 593, Eff. 3/28/14.

Mont. Admin. R. 24.11.2011 Special Types of Employers Required to Provide Additional Information When Registering (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301 and 39-51-302, MCA
Implementing statute(s): 39-8-207, 39-51-201, 39-51-202, and 39-51-302, MCA
History: NEW, 2004 MAR p. 2808, Eff. 11/19/04; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.11.22 Types of Accounts and Rate Setting (REPEALED)

Mont. Admin. R. 24.11.2225 State, Local Government, and Nonprofit Organizations Electing Reimbursable Account (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-1124, 39-51-1125, 39-51-1126, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; TRANS, from Dept. of Labor and Industry and AMD, 2001 MAR p. 1650, Eff. 8/24/01; TRANS, from Dept. of Revenue and AMD, 2004 MAR p. 2808, Eff. 11/19/04; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.11.2231 Benefit Overpayments--Crediting Employer Accounts

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-1110, MCA
History: NEW, 2004 MAR p. 2808, Eff. 11/19/04; REP, 2015 MAR p. 932, Eff. 7/17/15.

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-203, 39-51-204, MCA
History: NEW, 2018 MAR p. 2525, Eff. 1/1/19; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-1103, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; TRANS, from 24.11.815 and AMD, 2004 MAR p. 3035, Eff. 11/19/04; AMD, 2011 MAR p. 573, Eff. 4/15/11; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.11.28 Collection of Unpaid Contributions (REPEALED)

Mont. Admin. R. 24.11.2801 Releasing Property Subject to Department Lien (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-51-301 and 39-51-302, MCA
Implementing statute(s): 39-51-1304, MCA
History: NEW, 2004 MAR p. 2808, Eff. 11/19/04; REP, 2024 MAR p. 1458, Eff. 7/1/24.

Chapter 24.12 Displaced Homemaker

Subchapter 24.12.1 Displaced Homemaker Program

Mont. Admin. R. 24.12.101 Displaced Homemaker Program Purpose

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-7-306, MCA
Implementing statute(s): 39-7-302, MCA
History: NEW, 1983 MAR p. 1536, Eff. 10/28/83; REP, 2023 MAR p. 767, Eff. 8/5/23.

Mont. Admin. R. 24.12.102 Definitions

As used in the subchapter, unless the context requires otherwise, the following definitions apply:

(1) "Counseling" means the process of assisting participants in realistically assessing their needs, abilities, and potential; of providing guidance in the development of vocational goals and the means to achieve them; and of helping with the solution of a variety of individual problems occurring during participation.

(2) "Participant" means an individual who is a Montana resident and who is determined eligible and is enrolled into any employment, training, or services program.

(3) "Performance standards" means factors used to evaluate the performance of programs.

(4) "Underemployed individuals" means:

(a) persons who are working part time but seeking full time work;

(b) persons who are working full time but whose current annualized wage rate is not in excess of "for a family of one" the higher of either:

(i) the poverty level; or

(ii) 70% of the lower living standard income level; or

(c) persons licensed, or seeking licensure, as pediatric complex care assistants who have fully or partially exited the job market because of the need to care for a child.

(5) "Unemployed individuals" means individuals who are without jobs and who want and are available for work. The determination of whether individuals are without jobs shall be made in accordance with the criteria used by the bureau of labor statistics of the department of labor and industry in defining individuals as unemployed.

History

Authorizing statute(s): 39-7-306, MCA
Implementing statute(s): 39-7-301, 39-7-302, 39-7-303, 39-7-304, 39-7-305, 39-7-306, 39-7-307, 39-7-308, 39-7-309, 39-7-310, MCA
History: NEW, 1983 MAR p. 1536, Eff. 10/28/83; AMD, 2023 MAR p. 767, Eff. 8/5/23.

Mont. Admin. R. 24.12.103 Displaced Homemaker Program, Administrative Entities

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-7-306, MCA
Implementing statute(s): 39-7-308, MCA
History: NEW, 1983 MAR p. 1536, Eff. 10/28/83; REP, 2023 MAR p. 767, Eff. 8/5/23.

Mont. Admin. R. 24.12.104 Displaced Homemaker Program, Criteria for Grantmaking

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-7-304, MCA
Implementing statute(s): 39-7-304, MCA
History: NEW, 1983 MAR p. 1536, Eff. 10/28/83; REP, 2023 MAR p. 767, Eff. 8/5/23.

Mont. Admin. R. 24.12.105 Displaced Homemaker Program, Graduated Fee Schedule

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-7-306, MCA
Implementing statute(s): 39-7-306, MCA
History: NEW, 1983 MAR p. 1536, Eff. 10/28/83; REP, 2023 MAR p. 767, Eff. 8/5/23.

Mont. Admin. R. 24.12.106 Displaced Homemaker Program, Eligibility

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-7-306, MCA
Implementing statute(s): 39-7-306, MCA
History: NEW, 1983 MAR p. 1536, Eff. 10/28/83; REP, 2023 MAR p. 767, Eff. 8/5/23.

Mont. Admin. R. 24.12.107 Allowable Activities

(1) Allowable activities may include but are not limited to:

(a) job counseling;

(b) job training, including assistance to displaced homemakers in gaining admission to training and educational programs;

(d) referral to other social service agencies;

(e) development of social service programs;

(f) support services; and

(g) development of outreach programs to rural areas.

(2) Job counseling should consist of development of a plan outlining the steps necessary to obtain unsubsidized employment, identification of job barriers and skill assessment, and may also include testing, personal and career goal setting and similar activities.

(3) Job training includes, but is not limited to, enrollment in a public or proprietary school or other institutional setting for pre-vocational or vocational instruction, and training to obtain a pediatric complex care assistant license.

(4) Job placement means the hiring into unsubsidized employment of an individual served by this program.

(5) Referral to other social service agencies includes those agencies that provide information and assistance with respect to such items as health care, financial matters, education, nutrition, and legal problems.

(6) Development of social service programs includes assistance to and coordination of activities with other social service agencies in fields such as health care, financial matters, education, nutrition, and legal problems.

(7) Support services include such items as child care for preschool children, transportation assistance to participate in the program, health care, financial counseling, temporary shelter, grants for education, and post-termination services.

(8) Development of outreach programs to rural areas includes the provision of job counseling, training, placement and referral services in outlying areas. Services should be advertised in advance, through such means as the media and local service organizations or agencies. A field office may be set up for this purpose.

History

Authorizing statute(s): 39-7-306, MCA
Implementing statute(s): 39-7-304, 39-7-305, MCA
History: NEW, 1983 MAR p. 1536, Eff. 10/28/83; AMD, 2023 MAR p. 767, Eff. 8/5/23.

Mont. Admin. R. 24.12.108 Displaced Homemaker Program, Annual Report

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-7-306, MCA
Implementing statute(s): 39-7-308, MCA
History: NEW, 1983 MAR p. 1536, Eff. 10/28/83; REP, 2023 MAR p. 767, Eff. 8/5/23.

Mont. Admin. R. 24.12.109 Displaced Homemaker Programs, Fiscal Management

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-7-306, MCA
Implementing statute(s): 39-7-308(2), MCA
History: NEW, 1983 MAR p. 1536, Eff. 10/28/83; REP, 2023 MAR p. 767, Eff. 8/5/23.

Mont. Admin. R. 24.12.110 Displaced Homemaker Program, Evaluation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-7-306, MCA
Implementing statute(s): 39-7-308, MCA
History: NEW, 1983 MAR p. 1536, Eff. 10/28/83; REP, 2023 MAR p. 767, Eff. 8/5/23.

Authorizing statute(s): 39-7-603, MCA
Implementing statute(s): 39-7-603 through 39-7-606, MCA
History: NEW, 1989 MAR p. 1198, Eff. 8/18/89; REP, 1996 MAR p. 560, Eff. 3/1/96.

Chapter 24.13 Montana Help Act

Subchapter 24.13.1 Montana HELP Act

Mont. Admin. R. 24.13.101 Definitions

For the purposes of this chapter, the following definitions apply:

(1) "Contracted agency" means a private nonprofit or for-profit entity that has entered into a written contract with the state to provide workforce development services pursuant to the HELP Act program.

(2) "DLI" means the Department of Labor and Industry provided for in 2-15-1701, MCA.

(3) "DPHHS" means the Department of Public Health and Human Services provided for in 2-15-2201, MCA.

(4) "HELP Act" means the provisions of Title 39, chapter 12, MCA, and Title 53, chapter 6, part 13, MCA.

(5) "Job Service office" means any of the various employment offices around the state that are operated by DLI, which are open to the public for the purpose of facilitating the exchange of labor between job seekers and job offerors.

(6) "Program participant" must be an individual who is actively enrolled in the department's HELP-Link workforce development program and is receiving services and assistance from a DLI contracted agency.

(7) "Services and assistance" means help from activities related to the participant finding suitable employment or related to an employer finding qualified employees.

(8) "Workforce development program" means the full range of assistance and services provided to program participants and employers. The programs and services shall help individuals to enter the workforce or obtain better-paying jobs, and the programs and services help employers to obtain and maintain qualified employees.

History

Authorizing statute(s): 39-12-107, 53-6-1318, MCA
Implementing statute(s): 39-12-101, 39-12-102, 39-12-103, MCA
History: NEW, 2016 MAR p. 1165, Eff. 4/23/16; AMD, 2022 MAR p. 235, Eff. 2/12/22.

Mont. Admin. R. 24.13.105 Workforce Development Activities for Help Act Participants

(1) DLI delivers HELP Act services and assistance to participants through its contracted agencies.

(a) The types of services and assistance available to participants through contracted agencies generally fall in to one of the following four categories:

(i) career services;

(ii) training services;

(iii) worksite learning services; and

(iv) supportive services.

(b) Participants may also be eligible for referral to other workforce development programs, qualified training providers, employers, and any other suitable program or service provider.

(2) A participant's initial service must consist of an assessment. An assessment is a formal evaluation of the participant's:

(a) occupational talents, skills, and potential for increasing economic self-sufficiency; and

(b) probable barriers to employment.

(3) After having obtained an assessment, in order to become a program participant, the individual must develop an approved employment goal in a high-wage and in-demand career field.

(4) A program participant will remain active as long as the individual continues to actively participate in the education, training, or worksite learning activities identified to reach their approved employment goal.

History

Authorizing statute(s): 39-12-107, 53-6-1318, MCA
Implementing statute(s): 39-12-101, 39-12-103, MCA
History: NEW, 2016 MAR p. 1165, Eff. 4/23/16; AMD, 2022 MAR p. 235, Eff. 2/12/22.

Mont. Admin. R. 24.13.109 Reportable Services

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-12-107, 53-6-1318, MCA
Implementing statute(s): 39-12-101, 39-12-103, MCA
History: NEW, 2016 MAR p. 1165, Eff. 4/23/16; REP, 2022 MAR p. 235, Eff. 2/12/22.

Subchapter 24.13.2 HELP Act Employer Grant Program

Mont. Admin. R. 24.13.201 Definitions

As used in this subchapter, the following definitions apply:

(1) "Applicant" means an employer that is seeking a grant.

(2) "Client" means an individual participating in the HELP-Link program offered by the department, or an individual who is eligible to participate in the HELP-Link program.

(3) "Department" means the Department of Labor and Industry.

(4) "Employer" means a for-profit business, a nonprofit business, or a public entity that:

(a) is properly registered with the secretary of state to conduct business as:

(i) a sole proprietor, if required;

(ii) a corporation;

(iii) a partnership;

(iv) a limited liability company; or

(v) an unincorporated association; and

(b) has Montana operations.

(c) The term does not include an entity of state government or temporary services contractors as defined by 39-8-102, MCA.

(5) "HELP-Link" means the workforce development program operated by the department to identify workforce development opportunities focusing on specific labor force needs within the state of Montana and for other purposes as provided by Title 39, chapter 12, part 1, MCA.

(6) "Skills-based training" means training which allows the client to obtain job-specific knowledge and abilities that are relevant to work performed by employees of the employer. Skills-based training must increase the quality of tasks a client can perform, increase the number of tasks a worker can successfully perform, or provide the ability to demonstrate that a worker can execute old tasks in new ways as a direct result of the training.

History

Authorizing statute(s): 39-12-107, MCA
Implementing statute(s): 39-12-103, 39-12-106, MCA
History: NEW, 2020 MAR p. 2409, Eff. 12/25/20.

Mont. Admin. R. 24.13.204 Individuals Eligible for Grant Funding

(1) Grant funding may only be provided to employers on behalf of clients.

(2) An employer seeking to apply for grant funding may contact the department to verify the employer's employee is a client. The department may verify the employee's client status upon a sufficient showing that the employer employs the employee. Requests for verification of client status may be addressed to HelpLinkmailbox@mt.gov.

(3) A client's eligibility for grant funding is determined on the date of application and approval of the application. Eligibility does not terminate if the client loses eligibility to participate in the HELP-Link program during the grant period.

History

Authorizing statute(s): 39-12-107, MCA
Implementing statute(s): 39-12-103, 39-12-106, MCA
History: NEW, 2020 MAR p. 2409, Eff. 12/25/20.

Mont. Admin. R. 24.13.207 Expenses for Which Grant Funds May Be Used

(1) The following are examples of expenses for which grant funds may be used by employers for clients to meet the purposes set forth in 39-12-106, MCA:

(a) fees (tuition) for training program provided by third party vendor;

(b) cost of training materials purchased;

(d) reasonable travel and per diem for out-of-town travel to attend training, at an amount not to exceed the rates allowed to public employees traveling on official business; and

(e) other reasonable out-of-pocket employer-paid expenses, including client wages, if approved as part of the grant award.

(2) The department reserves the right to reimbursement for grant funds paid which are used for any non-approved purpose.

History

Authorizing statute(s): 39-12-107, MCA
Implementing statute(s): 39-12-103, 39-12-106, MCA
History: NEW, 2020 MAR p. 2409, Eff. 12/25/20.

Mont. Admin. R. 24.13.210 Grant Application Process

(1) The department shall make available workforce development grant application forms which an applicant must complete for the purpose of applying for a grant award. At minimum the application must address the purpose of the grant and its benefit to the client.

(2) Upon receipt of an application, the department will determine whether the application is complete. The department may at its sole discretion and at any time request additional information from an applicant for use in evaluating the application. The applicant may amend or withdraw a grant application before the department notifies the applicant of its decision whether to fund the grant.

(3) The department will review all applications pursuant to ARM 24.13.213.

(4) The department shall notify the applicant in writing of the department's decision to approve or reject a grant application following evaluation of the application. A notice approving the application must specify the amount approved for the grant.

(5) An applicant aggrieved by the department's decision may utilize the procedure set forth in ARM 24.13.219.

History

Authorizing statute(s): 39-12-107, MCA
Implementing statute(s): 39-12-103, 39-12-106, MCA
History: NEW, 2020 MAR p. 2409, Eff. 12/25/20.

Mont. Admin. R. 24.13.213 Evaluation Criteria for Grant Application

(1) The department shall evaluate a grant application on the basis of the content of the written grant application and any documents or materials submitted by the applicant as part of the application.

(2) The department shall evaluate grant applications in the order in which they are received. The date of receipt is the date on which the application is determined to be complete or the last date on which it is amended, whichever is later.

(3) In addition to the criteria set forth in 39-12-106, MCA, the department shall consider the following matters when evaluating a grant application:

(a) whether the proposal reasonably relates to the employer's Montana business operations;

(b) whether the proposed outcomes (completion rate and amount of economic improvement) are readily measurable;

(d) the significance of the impact of the grant in furthering the purposes of the HELP Act.

(4) The department may consider such other matters as may be pertinent to the evaluation, including but not limited to whether the employer has complied with other grants previously awarded by the department.

(5) The department may award a grant for less than the full amount requested.

(6) In the event that an employer applies for multiple grants, or for multiple clients, the department may, in its discretion, deny some or all of those multiple applications in order to provide equitable treatment to other grant applicants in the distribution of grant awards. Such denial does not preclude an employer from applying in the future, so long as the client remains eligible.

History

Authorizing statute(s): 39-12-107, MCA
Implementing statute(s): 39-12-103, 39-12-106, MCA
History: NEW, 2020 MAR p. 2409, Eff. 12/25/20.

Mont. Admin. R. 24.13.216 Award of Grants and Payments

(1) Grant funding is limited by the appropriations available for the grants.

(2) The amount of a grant that is awarded is the maximum payable for the grant. The actual disbursement of grant funds is conditioned as provided by this rule.

(3) A client is eligible for a maximum $5,000 grant.

(4) Grants are generally funded on a "first come, first served" basis, based upon the evaluation of the applications as provided by ARM 24.13.213.

(5) Payment of a grant may either be made directly to a vendor or as a reimbursement to an employer. Only preapproved, verified, and actual expenses are eligible for payment.

(a) For direct payment to a vendor, the employer must provide the department the invoice for the grant-covered purchase. If approved, the department will make payment within 30 days.

(b) For a reimbursement payment, the employer must provide the department documentation of the purchase made, including without limitation, proof of purchase and cost within 30 days of the purchase. If approved, the department will make payment within 30 days.

(6) The department shall require that the employer enter into a financial agreement regarding use of the grant funds, audit rights, and other matters related to ensuring the proper expenditure of public funds.

History

Authorizing statute(s): 39-12-107, MCA
Implementing statute(s): 39-12-103, 39-12-106, MCA
History: NEW, 2020 MAR p. 2409, Eff. 12/25/20.

Mont. Admin. R. 24.13.219 Dispute Resolution

(1) Only an applicant has standing to request a hearing. A request for a hearing may be made when there has been a denial of:

(a) a grant application;

(b) the full amount requested in a grant application that has otherwise been awarded; or

(2) A request for a hearing must be made in writing within 30 days of the date of mailing of the notice of denial. The request must identify the denial being disputed, and the basis upon which the dispute is being made. The request for the hearing must be sent to HelpLinkmailbox@mt.gov.

(3) A hearing requested pursuant to this rule will be conducted under the informal contested case procedures provided by 2-4-604, MCA, under the Montana Administrative Procedure Act.

(4) In a hearing under this rule:

(a) the applicant has the burden to show that the department abused its discretion in making a determination or otherwise failed to provide a fundamentally fair process in its decision making; and

(b) the applicant bears the burden of proof and the burden of production of evidence.

(5) A party that receives an adverse final decision under this rule may appeal to District Court in the manner provided by the Montana Administrative Procedure Act.

History

Authorizing statute(s): 39-12-107, MCA
Implementing statute(s): 39-12-103, 39-12-106, MCA
History: NEW, 2020 MAR p. 2409, Eff. 12/25/20.

Chapter 24.14 Maternity Leave (repealed)

Subchapter 24.14.1 Definitions

Mont. Admin. R. 24.14.101 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-7-202, MCA
Implementing statute(s): 39-7-202, MCA
History: NEW, 1977 MAR p. 752, Eff. 10/26/77; REP, 1996 MAR p. 561, Eff. 3/1/96.

Authorizing statute(s): 39-7-202, MCA
Implementing statute(s): 39-7-207, MCA
History: NEW, 1977 MAR p. 752, Eff. 10/26/77; REP, 1996 MAR p. 561, Eff. 3/1/96.

Authorizing statute(s): 39-7-202, MCA
Implementing statute(s): 39-7-204 (4), MCA
History: NEW, 1977 MAR p. 752, Eff. 10/26/77; REP, 1996 MAR p. 561, Eff. 3/1/96.

Authorizing statute(s): 39-2-1604, MCA
Implementing statute(s): 39-2-1605, 39-2-1606, MCA
History: NEW, 2025 MAR, Notice No. 2025-177, Eff. 9/13/25.

Chapter 24.16 Wages and Hours

Subchapter 24.16.1 An Introductory Statement (TRANSFERRED)

Mont. Admin. R. 24.16.101 General Statement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-402, MCA
Implementing statute(s): 39-3-401, MCA
History: NEW, 12/31/72; REP, 2015 MAR p. 1056, Eff. 7/31/15.

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-406(1)(j), MCA
History: Eff. 12/31/72; REP, 2010 MAR p. 1180, Eff. 5/14/10.

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-404, MCA
History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

Subchapter 24.16.7 Handicapped Workers In Competitive Employment

Mont. Admin. R. 24.16.701 Definitions

(1) "Handicapped workers" means an individual whose earning is impaired by age or physical or mental deficiency or injury for the work he is to perform.

(2) "Handicapped trainee" or "trainee" means an individual whose earning capacity is impaired by age or physical or mental deficiency or injury, and who is receiving or is scheduled to receive on-the-job training in industry under any vocational rehabilitation program administered by the Veterans Administration or an authorized vocational rehabilitation agency operation pursuant to the Vocational Rehabilitation Act.

(3) "State Agency" shall mean the "Department of Social and Rehabilitation Services.

(4) "Institutions" means that state institution engaged in the custody and caring for of the worker or trainee.

(5) State institution is an institution operated by the State of Montana.

History

Authorizing statute(s): Sec. 39-3-403, MCA
Implementing statute(s): Sec. 39-3-406 (1) (f), MCA
History: NEW; Eff. 12/31/72.

Mont. Admin. R. 24.16.702 Application for Certificate

Applications for employment under special certificate of handicapped workers at wages lower than the minimum wage applicable under section 39-3-406 (f) MCA of the act must be approved by the Department of Social and Rehabilitative Services; Institutions caring for the handicapped, or individuals must seek application from the Commissioner of Labor.

History

Authorizing statute(s): Sec. 39-3-403, MCA
Implementing statute(s): Sec. 39-3-406 (1) (f), MCA
History: NEW, Eff. 12/31/72.

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-404, 39-3-405, MCA
History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

Subchapter 24.16.13 Individual Contractor (REPEALED)

Mont. Admin. R. 24.16.1301 Individual Contractor

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-3-403 MCA
Implementing statute(s): 39-3-404 and 39-3-405 MCA
History: Eff. 12/31/72; REP, 1996 MAR p. 1668, Eff. 7/1/96.

Mont. Admin. R. 24.16.1302 Employer-Employer Relationship

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-3-403 MCA
Implementing statute(s): 39-3-404 and 39-3-405 MCA
History: Eff. 12/31/72; REP, 1996 MAR p. 1668, Eff. , 7/1/96.

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-409, MCA
History: NEW, 1990 MAR p. 852, Eff. 4/27/90; AMD, 1991 MAR p. 2264, Eff. 11/28/91; AMD, 1996 MAR p. 2882, Eff. 10/25/96; REP, 2015 MAR p. 1056, Eff. 7/31/15.

Subchapter 24.16.19 Investigations And Inspections (REPEALED)

Mont. Admin. R. 24.16.1901 Investigations and Inspections

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-3-403 MCA
Implementing statute(s): 39-3-407 MCA
History: Eff. 12/31/72; REP, 1996 MAR p. 1668, Eff. 7/1/96.

Subchapter 24.16.23 Regulations For Employment Of Learners (REPEALED)

Mont. Admin. R. 24.16.2301 Employment of Learners

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-406, MCA
History: Eff. 12/31/72; REP, 2018 MAR p. 439, Eff. 2/24/18.

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-404, 39-3-405, MCA
History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

Subchapter 24.16.30 General Hours Worked - Overtime Compensation - Wage Payment

Mont. Admin. R. 24.16.3001 Definitions

(1) "Administrator" means the administrator of the Employment Standards Division, Montana Department of Labor and Industry. The commissioner of Labor and Industry has delegated to the administrator the functions vested in the commissioner.

(2) "Amusement or recreational area" means a location that is characterized as being, or immediately adjacent to, a destination location such as a national park, ski area, or vacation resort area.

(3) "Amusement or recreational establishment" means businesses with locations at an amusement or recreational area, such as the concessionaires at amusement parks, resorts, and ski areas. The term does not include food services or hospitality establishments located in the area, other than direct concessionaires of the primary amusement or recreational area operator.

(4) "Direct and close supervision" means a qualified and experienced person supervising the student-employee and continually available when the student-employee is working to supervise, give direction, and check the work of the student-employee.

(5) "Division" means the Employment Standards Division of the Montana Department of Labor and Industry.

(6) "Establishment" refers to a distinct physical place of business rather than to an entire business or enterprise which may include several separate places of business.

(7) "Independent contractor" means an individual working under an independent contractor exemption certificate provided for in 39-71-417, MCA.

(8) "Nonprofit" means a nonprofit corporation as defined in Title 35, chapter 2, MCA.

(9) "Organized camp" means a camp which:

(a) provides a sustained experience with a creative recreational and educational opportunity in a group living setting in the outdoors; and

(b) uses trained leadership and the resources of the natural surroundings to contribute to each camper's mental, physical, social, and spiritual growth.

(10) "Qualified and experienced person" means a journey-worker level employee or equivalent highly skilled employee, in the same occupation as the student-employee and who supervises the student-employee.

(11) "Religious or educational conference center" is a meeting center providing for religious, educational and leadership growth experiences for youth or adults.

(12) "Safety instruction" means a minimum of 10 hours of offsite safety instruction, such as an OSHA 10 class, in addition to onsite safety instruction directly related to the occupation of the student-employee.

(13) "Seasonal" means seven months or less.

(14) "Student" means an individual who is attending an accredited school, college or university and is employed on a part-time basis.

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-71-417, 41-2-117, MCA
Implementing statute(s): 39-3-201, 39-3-401, 39-3-404, 39-3-405, 39-3-406, 39-71-417, 41-2-103, 41-2-107, 41-2-109, 41-2-110, MCA
History: Eff. 12/31/72; AMD, 2018 MAR p. 439, Eff. 2/24/18; TRANS and AMD, from 24.16.102, 2024 MAR p. 474, Eff. 3/9/24.

Mont. Admin. R. 24.16.3004 Status of Certain Personal Assistants

(1) For the purposes of wage and hour laws, a person with a disability receiving services of a personal assistant or an immediately involved representative of the disabled person, such as a parent or guardian, is not the employer of the personal assistant despite controlling the selection, management, and supervision of the personal assistant if:

(a) the personal assistant is providing services to the disabled person pursuant to 53-6-145, MCA, and rules adopted by the department of public health and human services implementing that statute; and

(b) the personal assistant is the employee of another person or entity that exercises an employer's control over the personal assistant, including employee discipline and termination.

History

Authorizing statute(s): 53-6-145 MCA
Implementing statute(s): 53-6-145 MCA
History: NEW, 1995 MAR p. 2145, Eff. 10/13/95; TRANS and AMD, from 24.16.111, 2024 MAR p. 474, Eff. 3/9/24.

Mont. Admin. R. 24.16.3007 Executive, Administrative, and Professional Employees - General Policy Guidance

(1) To ease disparity between state and federal requirements, and make it easier for employers and employees to understand the wage and hour provisions applicable to bona-fide executive, administrative, professional employees, and persons employed in an outside sales capacity, the commissioner finds that it is appropriate that Montana harmonize its treatment of those employees under state wage and hour laws with the federal treatment of those same classes of persons under the Fair Labor Standards Act, 29 USC 201, et seq. The department adopts and incorporates by reference the following sections of the Code of Federal Regulations, October 27, 2023, edition:

(a) 29 CFR part 541, subparts A, B, C, D, F, G, and H.

(2) Copies of the CFR regulations incorporated by reference are available at https://erd.dli.mt.gov/labor-standards/administrative-rules .

History

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-401, 39-3-406, 39-3-408, MCA
History: NEW, 2010 MAR p. 1180, Eff. 5/14/10; AMD, 2018 MAR p. 439, Eff. 2/24/18; TRANS and AMD, from 24.16.211, 2024 MAR p. 474, Eff. 3/9/24.

Mont. Admin. R. 24.16.3010 Hours Worked - General Policy Guidance

(1) To ease disparity between state and federal requirements and clarify the practices and policies that may guide the department's administration and enforcement of Montana wage and hour law, the department adopts and incorporates by reference the following sections of the Code of Federal Regulations, October 27, 2023, edition. These provisions provide examples describing the most frequently occurring situations and questions regarding hours worked in wage and hour regulation.

(a) 29 CFR 785.5, 785,6, and 785.8; and

(b) 29 CFR 785.11 through 785.48, except not adopt 29 CFR 785.39, which is replaced with the following:

(i) Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly worktime when it cuts across the employee's workday. The employee is simply substituting travel for other duties. The time is not only hours worked on regular working days during normal working hours but also during the corresponding hours on nonworking days. Thus, if an employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday the travel time during these hours is worktime on Saturday and Sundays as well as on the other days. Regular meal period time is not counted.

(2) CFR regulations incorporated by reference are available at https://erd.dli.mt.gov/labor-standards/administrative-rules .

History

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-404, 39-3-405, MCA
History: NEW, 2024 MAR p. 474, Eff. 3/9/24.

Mont. Admin. R. 24.16.3013 Wage Payments - General Policy Guidance

(a) 29 CFR 531.2;

(b) 29 CFR 531.3;

(d) not adopt 29 CFR 531.6(b), which is replaced with the following:

(i) A collective bargaining agreement shall be deemed to be "bona fide" when it is made with a labor organization certified by the National Labor Relations Board, or which is the certified representative of the employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended, or the Montana Collective Bargaining for Public Employees Act, or the Montana Collective Bargaining for Nurses Act.

(e) 29 CFR 531.26, 29-32, 33(b), and 35;

(f) 29 CFR 547.0 through 547.2;

(g) 29 CFR 549.0 through 549.3; and

(h) 29 CFR 776.5 and 776.6.

(2) CFR regulations incorporated by reference are available at https://erd.dli.mt.gov/labor-standards/administrative-rules .

History

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-402, MCA
History: NEW, 2024 MAR p. 474, Eff. 3/9/24.

Mont. Admin. R. 24.16.3016 Overtime Compensation - General Policy Guidance

(a) 29 CFR 548;

(b) 29 CFR 778.5;

(d) 29 CFR 778.108 through 121;

(e) 29 CFR 778.200 through 214;

(f) 29 CFR 778.215 through 217(c)(1), and 217(d);

(g) 29 CFR 778.218 through 225;

(h) 29 CFR 778.301 through 315;

(i) 29 CFR 778.318 through 333;

(j) 29 CFR 778.400 through 421;

(k) 29 CFR 778.500 through 503; and

(l) 29 CFR 778.600 and 601.

(2) CFR regulations incorporated by reference are available at https://erd.dli.mt.gov/labor-standards/administrative-rules .

History

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-404, 39-3-405, MCA
History: NEW, 2024 MAR p. 474, Eff. 3/9/24.

Mont. Admin. R. 24.16.3019 Employer Record Keeping - General Policy Guidance

(a) 29 CFR 516.1 through 516.8, except not adopt 29 CFR 516.6, which is replaced with the following:

(i) Supplementary basic records: Each employer required to maintain records under this part shall preserve for a period of at least three years:

(A) Basic employment and earning records. From the date of last entry, all basic time and earnings cards or sheets on which are entered the daily starting and stopping time of individual employees, or of separate work forces, or the amounts of work accomplished by individual employees on a daily, weekly, or pay period basis (for example, units produced) when those amounts determine in whole or in part the pay period earning or wages of those employees; and

(B) Wage rate tables. From their last effective date, all tables or schedules of the employer which provide the piece rates or other rates used in computing straight-time earnings, wages, or salary, or overtime computation;

(ii) Order, shipping, and billing records. From the last date of entry, the originals or true copies of all customer orders or invoices received, incoming or outgoing shipping or delivery records, as well as all bills of lading and all billings to customers (not including individual sales slips, cash register tapes or the like) which the employer retains in the usual course of business operations;

(iii) Records of additions to or deductions from wages paid: Each employer who makes additions to or deductions from wages paid shall preserve for at least three years from the date of last entry:

(A) Records of individual employee accounts for total additions to or deductions from wages paid each pay period; and

(B) All records used by the employer in determining the original cost, operating and maintenance cost and depreciation and interest charges, if such costs and charges are involved in the additions to or deductions from wages paid.

(b) 29 CFR 516.25 through 516.27; and

(i) Learners, apprentices, students, student-employees, or workers with disabilities employed under special certificates as provided in 39-3-406, MCA.

(A) Items required. With respect to persons employed as learners, apprentices, student-employees, messengers, or full-time students employed outside of their school hours in any retail or service establishment or workers with disabilities at special minimum hourly rates under special certificates pursuant to 39-3-406, MCA, employers must maintain and preserve records containing the same information and data required with respect to other employees employed in the same occupations.

(B) Segregation or designation on payroll and use of identifying symbol. Employers must also segregate on payroll or pay records the names and required information and data with respect to those employed under Special Certificates. A symbol or letter before each name must indicate the person is a "learner," "apprentice," "student-employee," "messenger," "student," or "worker with disabilities" employed under a Special Certificate.

(2) CFR regulations incorporated by reference are available at https://erd.dli.mt.gov/labor-standards/administrative-rules .

History

Authorizing statute(s): 39-3-403, 41-2-117, MCA
Implementing statute(s): 39-3-404, 39-3-405, 39-3-406, 41-2-103, 41-2-107, 41-2-109, 41-2-110, MCA
History: NEW, 2024 MAR p. 474, Eff. 3/9/24.

Mont. Admin. R. 24.16.3022 Tips or Service Charges

(1) A tip is a sum presented by a customer as a gift or gratuity in recognition of some service performed. It is to be distinguished from payment of a charge, if any, made for the service. Whether a tip is to be given, and its amount, are matters determined solely by the customer, and generally the customer has the right to determine who shall be the recipient of the gratuity.

(a) In addition to cash sums presented by customers which an employee keeps, tips received by an employee include, amounts paid by bank check or other negotiable instrument payable at par and amounts transferred by the employer to the employee pursuant to directions from credit customers who designate amounts to be added to their bills as tips.

(b) Tips are the employees' to keep and may not be used by the employer to make up any part of the employees' wage.

(2) A service charge includes any arbitrary fixed charge added to the customer's bill by an employer in lieu of a tip, no matter what it is labelled (i.e., service charge, setup fee, house fee, service fee, labor charge, etc.).

(a) Absent a valid tip pool agreement, a service charge must be distributed equally among nonmanagement employees involved in food preparation or service, or a related service. Equal distribution must be among those workers who performed services during the particular shift or event where the service charge was earned and must be distributed on a pro rata basis.

(b) A valid tip pool agreement may be created by management for the distribution of a service charge. The tip pool agreement is valid for the purpose of distribution of service charges so long as it distributes all service charge monies to nonmanagement employees.

(3) Where tips or service charges are charged on a credit card and the employer must pay the credit card company a percentage on each sale, the employer may pay the employee the tip, less that percentage. The employer must keep records of all such deductions.

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-201, 39-3-218, 39-3-402, MCA
History: Eff. 12/31/72; AMD, 2018 MAR p. 439, Eff. 2/24/18; TRANS and AMD, from 24.16.1508, 2024 MAR p. 474, Eff. 3/9/24.

Mont. Admin. R. 24.16.3025 Joint Employment

(1) A single individual may stand in the relation of an employee to two or more employers at the same time under the Montana Minimum Wage and Overtime Compensation Act, since there is nothing in the law which prevents an individual employed by one employer from also entering into an employment relationship with a different employer. A determination of whether the employment by the employers is to be considered joint employment or separate and distinct employments for purposes of the law depends upon all the facts in the particular case. If all the relevant facts establish that two or more employers are acting entirely independently of each other and are completely disassociated with respect to the employment of a particular employee, who during the same workweek performs work for more than one employer, each employer may disregard all work performed by the employee for the other employer (or employers) in determining his own responsibilities under the law. On the other hand, if the facts establish that the employee is employed jointly by two or more employers, i.e., that employment by one employer is not completely disassociated from employment by the other employer(s) , all of the employee's work for all of the joint employers during the workweek is considered as one employment for purposes of the law. In this event, all joint employers are responsible, both individually and jointly, for compliance with all of the applicable provisions of the law, including the overtime provisions, with respect to the entire employment for the particular workweek. In discharging the joint obligation each employer may, of course, take credit toward minimum wage and overtime requirements for all payments made to the employee by the other joint employer or employers.

(2) Where the employee performs work which simultaneously benefits two or more employers, or works for two or more employers at different times during the workweek, a joint employment relationship generally will be considered to exist in situations such as:

(a) Where there is an arrangement between the employers to share the employee's services, as, for example, to interchange employees, or,

(b) Where one employer is acting directly or indirectly in the interest of the other employer (or other employers) in relation to the employee, or,

(c) Where the employers are not completely disassociated with respect to the employment of a particular employee and may be deemed to share control of the employee, directly or indirectly, by reason of the fact that one employer controls, is controlled by, or is under common control with the other employer.

History

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-402, MCA
History: Eff. 12/31/72; TRANS, from 24.16.2101, 2024 MAR p. 474, Eff. 3/9/24.

Subchapter 24.16.40 Complaints - Claims - Decisions - Appeals

Mont. Admin. R. 24.16.4001 Definitions

As used in this subchapter, the following definitions apply, unless the context of the rule clearly indicates otherwise:

(1) "Adverse decision" means a decision by the department that is not favorable to the party requesting review.

(2) "Claim" or "complaint" means:

(a) a complaint alleging non-compliance with a statute or administrative rule under the jurisdiction of the department;

(b) a request for an audit of an employer's payroll records; or

(3) "Day" means a calendar day.

(4) "Determination" means a decision by the department on the merits of a claim, providing the amount of wages and penalty owed by an employer to an employee.

(5) "Hearing" means a contested case per Title 2, chapter 4, part 6, MCA.

(6) "Mediation" is the process described by 26-1-813, MCA.

(7) "Penalty" means the statutory penalty provided by 18-2-407 and 39-3-206, MCA, assessed by the department against the employer and paid to the employee in addition to any wages owed.

(8) "Redetermination" means an informal review by the department, based on new or additional information supplied by a party receiving an adverse determination.

(9) "Send" or "sent" means the department's method of providing an official decision, determination, redetermination, or other notification to an affected person, party, or entity, and includes but is not limited to regular, certified, or electronic mail, or personal service.

History

Authorizing statute(s): 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA
Implementing statute(s): 2-4-603, 18-2-407, 18-2-409, 18-2-423, 18-2-424, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA
History: NEW, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.4004 Time Periods – Submitting Documents to the Department

(1) Time periods for acts required by these rules will exclude the first day and include the last day, unless the last day falls on a Saturday, Sunday, or legal holiday. In that event, the period runs until the end of the next regular workday, which is not a Saturday, Sunday, or legal holiday.

(2) All claims, complaints, requests, responses, and documents required or allowed to be submitted to the department:

(a) may be submitted in person, by regular mail, electronically (e-mail), by facsimile (fax), or via online portal when available; and

(b) are considered filed with the department on the date the department receives them.

(3) Submissions received after 11:59 p.m. mountain time will have a filing date of the next regular workday.

(4) Parties must ensure that submissions are timely received by the department. Failure, malfunction, or unavailability of electronic equipment does not excuse a party from the requirements of timely filing.

(5) Only one copy of an e-mail or fax submission must be filed even if multiple copies otherwise would be required.

History

Authorizing statute(s): 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA
Implementing statute(s): 2-4-201, 18-2-407, 18-2-409, 18-2-423, 18-2-424, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-216, 39-3-407, MCA
History: NEW, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.4007 Wage Complaints and Investigations

(1) The department will review complaints, claims, or other information received to enforce Montana's wage laws.

(2) The department may conduct investigations without filed complaints, including spot-check inspections of payroll and personnel records, and interviews to ensure compliance with wage laws.

(3) The department will review prevailing wage complaints to determine if the work is subject to federal prevailing wage laws, and if so, will advise the complainant to contact the U.S. Department of Labor.

History

Authorizing statute(s): 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA
Implementing statute(s): 2-4-201, 18-2-407, 18-2-409, 18-2-423, 18-2-424, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA
History: NEW, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.4010 Determinations

(1) Following the expiration of an employer's response time, the department will issue a determination of the wages and penalty owed, if any.

(2) The determination will incorporate any decision of the department's independent contractor central unit regarding the employment status.

(3) The department will send a copy of the determination to each party or attorneys of record.

(4) Failure of an employer to timely respond to a claim or complaint may result in the entry of a determination adverse to the employer.

(5) A party receiving an adverse determination may request either a redetermination or a hearing.

History

Authorizing statute(s): 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA
Implementing statute(s): 2-4-201, 2-4-603, 18-2-407, 18-2-409, 18-2-423, 18-2-424, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA
History: NEW, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.4013 Request for Relief If Notice Not Received

(1) A party alleging untimely or non-receipt of notice of a claim, determination, or hearing has the burden of proving the party should be granted relief. The party seeking relief must present a preponderance of evidence to rebut the statutory presumption in 26-1-602, MCA, that a letter duly directed and mailed was received in the regular course of the mail.

(2) Once a judgment is issued by a district court concerning a decision, any request for relief must be directed to the district court by a party (not the department on behalf of a party) per the Rules of Civil Procedure and be in the form required by the district court.

History

Authorizing statute(s): 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-216, 39-3-403, MCA
Implementing statute(s): 2-4-201, 18-2-407, 18-2-409, 39-3-207, 39-3-209, 39-3-210, 39-3-216, 39-3-407, MCA
History: NEW, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.4016 Responses

(1) The department will notify all involved parties of a wage claim or complaint.

(2) Employers must respond and provide any requested information by the date specified in the notice.

(a) If requested prior to the response deadline, the department may grant additional response time for good cause shown.

(b) Failure to timely respond may result in a decision adverse to the employer.

(3) If a response alleges the wage claimant is an independent contractor, the working relationship will be analyzed.

(4) If a complaining party fails to provide requested information to the department within specified time frames, the department may dismiss the complaint.

History

Authorizing statute(s): 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA
Implementing statute(s): 2-4-201, 18-2-407, 18-2-409, 18-2-423, 18-2-424, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA
History: NEW, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.4019 Redeterminations

(1) A party receiving an adverse decision may request a redetermination.

(a) Redeterminations are limited to issues other than employment status.

(b) Parties disagreeing with an employment status decision must raise the issue in the request for redetermination to preserve the issue for a hearing per ARM 24.16.4022.

(2) Redetermination requests must be:

(a) received within 15 days of the date the decision is sent; and

(b) include new or additional information relevant to the disputed issue(s) for the department to consider.

(3) The department will issue a redetermination and send a copy to the parties.

(4) The department will only issue one redetermination for each party receiving an adverse decision.

History

Authorizing statute(s): 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA
Implementing statute(s): 2-4-201, 2-4-603, 18-2-407, 18-2-409, 18-2-423, 18-2-424, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA
History: NEW, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.4022 Hearing Requests

(1) A party receiving an adverse decision may request a contested case hearing within 15 days from the date the decision or redetermination is sent.

(2) Hearing requests must include the names and contact information for the requesting and opposing parties.

(3) For timely, complete requests, the department will first conduct mediation as provided by ARM 24.16.4025. If mediation does not fully resolve the dispute, any unresolved issues will be resolved through contested case proceedings in accordance with Title 2, chapter 4, part 6, MCA.

History

Authorizing statute(s): 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA
Implementing statute(s): 2-4-201, 2-4-603, 18-2-407, 18-2-409, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA
History: NEW, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.4025 Mediation

(1) Mediations are conducted in accordance with the provisions of 26-1-813, MCA.

(2) The department shall appoint a mediator and notify the parties of the appointment.

(3) The mediator shall contact the parties to establish the mediation procedures and set a time for the mediation.

(4) Mediation must be completed within 45 days from the date the notice of mediator appointment is sent unless all parties and the mediator agree to an extension, or the case is withdrawn.

(5) Following mediation, the mediator shall issue a report as follows:

(a) If mediation resolved the dispute, the report will provide the agreement terms for approval by the parties.

(b) The mediator shall provide appropriate settlement notice, signed by the parties, if such notice is required to dispose of remaining issues.

(c) If mediation does not fully resolve the dispute, the report will provide the parties the opportunity to request a contested case hearing for any unresolved issues in accordance with Title 2, chapter 4, part 6, MCA. Requests for hearing must be received by the department within ten days from the date the mediator's report is sent.

(d) The mediator may issue a noncooperation report when a party refuses to participate or otherwise comply with the mediation.

(6) As permitted by 2-4-603, MCA, mediation may also be requested by parties to a case at any later time prior to full and final judgment.

History

Authorizing statute(s): 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-216, 39-3-403, MCA
Implementing statute(s): 2-4-201, 2-4-603, 18-2-407, 18-2-409, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA
History: NEW, 2022 MAR p. 152, Eff. 1/29/22.

Subchapter 24.16.51 Payment Of Back Wages To Be Made Through The Administration (REPEALED)

Mont. Admin. R. 24.16.5101 Payment of Back Wages

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-3-403 MCA
Implementing statute(s): 39-3-201 et seq. MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 1602, Eff. 6/13/80; REP, 1996 MAR p. 1668, Eff. 7/1/96.

Subchapter 24.16.55 Requirements Of A Bona Fide Profit Sharing Plan Or Trust (REPEALED)

Mont. Admin. R. 24.16.5501 Scope of Regulations (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-404, 39-3-405, MCA
History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

Subchapter 24.16.61 Records To Be Kept By Employer (REPEALED)

Mont. Admin. R. 24.16.6101 Form of Records (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-404, 39-3-405, MCA
History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

Mont. Admin. R. 24.16.6102 General Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-404, 39-3-405, MCA
History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

Subchapter 24.16.65 Seasonal, Amusement Or Recreational (REPEALED)

Mont. Admin. R. 24.16.6501 Seasonal Amusement or Recreational

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-404, 39-3-405, 39-3-406, MCA
History: Eff. 12/31/72; REP, 2018 MAR p. 439, Eff. 2/24/18.

Subchapter 24.16.67 Student Learner (REPEALED)

Mont. Admin. R. 24.16.6701 Employment of Student-Learners

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-406, MCA
History: Eff. 12/31/72; REP, 2018 MAR p. 439, Eff. 2/24/18.

Subchapter 24.16.69 Thrift Or Savings Plan (REPEALED)

Mont. Admin. R. 24.16.6901 Requirements of a "bona Fide Thrift or Savings Plan" (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-403, MCA
Implementing statute(s): 39-3-402, MCA
History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

Subchapter 24.16.75 Wage Claims

Mont. Admin. R. 24.16.7501 Procedure for Filing Claims

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-3-202 and 39-3-403, MCA
Implementing statute(s): 39-3-211, MCA
History: Eff. 12/31/72; REP, 1994 MAR p. 1152, Eff. 5/1/94.

Mont. Admin. R. 24.16.7502 Processing the Claim

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-3-202 and 39-3-403, MCA
Implementing statute(s): 39-3-211, MCA
History: Eff. 12/31/72; REP, 1994 MAR p. 1152, Eff. 5/1/94.

Mont. Admin. R. 24.16.7503 Purpose

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-202, 39-3-403, MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7506 Definitions

As used in this subchapter, the following definitions apply, unless the context of the rule clearly indicates otherwise:

(1) "Adverse decision" means a decision by the department that is not favorable to the party requesting review.

(2) "Claim" or "complaint" means:

(a) a complaint alleging non-compliance with a statute or administrative rule under the jurisdiction of the department;

(b) a request for an audit of an employer's payroll records; or

(3) "Commissioner" has the same meaning as provided by 2-15-1701, MCA.

(4) "Day" means a calendar day.

(5) "Department" has the same meaning as provided by 2-15-1701, MCA.

(6) "Determination" means a decision by the department on the merits of a claim, including the wages and penalty owed by the employer to the employee.

(7) "Employ" has the same meaning as provided by 39-3-201, MCA.

(8) "Employee" has the same meaning as provided by 39-3-201, MCA.

(9) "Employer" has the same meaning as provided by 39-3-201, MCA.

(10) "Hearing" means a contested case per Title 2, chapter 4, part 6, MCA.

(11) "Mediation" is the process described by 26-1-813, MCA.

(12) "Penalty" means the statutory penalty provided by 39-3-206, MCA, assessed by the department against the employer and paid to the employee in addition to any wages owed.

(13) "Redetermination" means an informal review by the department, based on new or additional information supplied by a party receiving an adverse determination.

(14) "Wages" has the same meaning as provided by 39-3-201, MCA.

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-206, 39-3-209, 39-3-211, 39-3-216, 39-3-407, MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2004 MAR p. 77, Eff. 10/31/03; AMD, 2010 MAR p. 2841, Eff. 12/10/10; AMD, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7511 Accrual of Claims Upon Separation from Employment

(1) Claims accrue in the manner specified by 39-3-205 , MCA.

(2) For the purpose of construing 39-3-205 , MCA, any reason that an employer gives when firing an employee constitutes firing the employee "for cause."

(3) For the purpose of construing 39-3-205 , MCA, payment of wages is considered to be "immediate" if the wages are paid to the employee by the earlier of the close of business or four hours from the time the employee is notified that the employee has been discharged. Payment of wages is also considered to be "immediate" if the employer mails to the employee a check or money order for the wages, and the envelope containing the payment is postmarked the same day as the discharge. If payment is made by mail, however, and there is a dispute over when the payment was made, the employer bears the burden of proof to show that payment was timely mailed. Such proof may include, but is not limited to, a receipt issued by the United States postal service showing that the envelope addressed to the employee was mailed on that date.

History

Authorizing statute(s): 39-3-202, MCA
Implementing statute(s): 39-3-205, MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94.

Mont. Admin. R. 24.16.7514 Computation of Time Periods

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-202, 39-3-403, MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2018 MAR p. 439, Eff. 2/24/18; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7517 Electronic Filings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-202, 39-3-211, 39-3-403, 39-3-407, MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2018 MAR p. 439, Eff. 2/24/18; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7519 Wage Complaints and Investigations

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-209, 39-3-210, MCA
History: NEW, 1996 MAR p. 1668, Eff. 7/1/96; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7520 Procedure for Issuing Wage Claim Determinations Regarding Employment Status of Independent Contractor (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-71-417, MCA
Implementing statute(s): 39-3-201, 39-3-402, 39-71-417, MCA
History: NEW, 1996 MAR p. 1668, Eff. 7/1/96; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 439, Eff. 2/24/18; REP, 2024 MAR p. 2061, Eff. 8/24/24.

Mont. Admin. R. 24.16.7521 Filing a Claim

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-211, 39-3-407, MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2018 MAR p. 439, Eff. 2/24/18; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7524 Employee's Failure to Provide Information

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403 MCA
Implementing statute(s): 39-3-210 MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7527 Employer Response to Claim

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-209, 39-3-210, 39-3-407, MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 1996 MAR p. 1668, Eff. 7/1/96; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 439, Eff. 2/24/18; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7531 Determination

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403 MCA
Implementing statute(s): 39-3-209, 39-3-210 MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 1996 MAR p. 1668, Eff. 7/1/96; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7534 Request for Redetermination

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-209, MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 1996 MAR p. 1668, Eff. 7/1/96; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7535 Payment of Wages and Penalties

(1) Upon a determination that wages and/or penalties are due, the department will advise the employer regarding the method of payment and require the payment:

(a) in either the department's or the claimant's name; and

(b) by money order, certified check, or other negotiable instrument.

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-201, 39-3-206, 39-3-209, 39-3-211, 39-3-407, MCA
History: NEW, 1996 MAR p. 1668, Eff. 7/1/96; AMD, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7536 Mediation Procedures

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, MCA
Implementing statute(s): 2-4-603, 39-3-216, MCA
History: NEW, 2003 MAR p. 2433, Eff. 10/31/03; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7537 Request for Formal Hearing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-216, MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2003 MAR p. 2433, Eff. 10/31/03; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7541 Default Orders and Dismissals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-216, MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7544 Request for Relief If Mail Is Not Received

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-216, MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.16.7547 Appeal of Formal Hearing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-216, MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2018 MAR p. 439, Eff. 2/24/18.

Mont. Admin. R. 24.16.7551 Penalty When Payments Are Made Prior to Determinations and Subsequent to Determinations

(1) In cases where the wages claimed are paid by the employer either before or after receipt of the initial letter commencing the claim and prior to the issuance of a determination, no penalty will be imposed unless any of the special circumstances described in ARM 24.16.7556 apply.

(2) In cases where payment made either before or after receipt of the first letter does not resolve the claim and a determination is made finding that additional wages are due, a penalty will be calculated only on the balance determined still due to the employee, unless any of the special circumstances described in ARM 24.16.7556 apply.

(3) Money paid pursuant to a determination or redetermination will not be disbursed prior to the running of appeal periods unless the department is notified in writing that payment resolves the claim.

(4) Money paid pursuant to a determination but paid under protest or in other than free and clear manner will be deposited in the department trust account pending disposition. Payments made in this manner may be subject to the full penalty allowed in 39-3-206, MCA.

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-206, MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2024 MAR p. 474, Eff. 3/9/24.

Mont. Admin. R. 24.16.7556 Special Circumstances Justifying Maximum Penalty

(1) The following conduct by the employer constitutes special circumstances that justify the imposition of the maximum penalty allowed by law:

(a) the employer fails to provide information requested by the department and/or does not cooperate in the department's investigation of the wage claim;

(b) there is substantial credible evidence that the employer's payroll records are falsified or intentionally misleading;

(c) the employer has previously violated similar wage and hour statutes within three years prior to the date of filing of the wage claim;

(d) the employer has issued an insufficient funds paycheck; or

(e) the employer has incorrectly classified a worker as an independent contractor, unless it is determined by the department that 39-71-417(7)(d), MCA, applies.

(2) Exceptions may be made in instances where the employee has failed to provide records or information necessary for the employer to make final payroll calculation and issue the final paycheck.

(3) The maximum penalty is mandatory under the above circumstances and may be reduced only upon the written mutual agreement of the parties and the department.

History

Authorizing statute(s): 39-3-202, 39-3-403, MCA
Implementing statute(s): 39-3-206 MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2024 MAR p. 2061, Eff. 8/24/24.

Mont. Admin. R. 24.16.7561 Penalty for Minimum Wage and Overtime Claims

(1) For determinations involving minimum wage and overtime that are filed on or after October 1, 1993, penalties are calculated as follows:

(a) a penalty equal to 110% of the wages determined to be due to the employee will be imposed in all determinations issued by the department; but

(b) if none of the special circumstances of ARM 24.16.7556 apply the department will reduce the penalty to 55% of the wages determined to be due provided the employer pays the wages found due in the time period specified in the determination as well as a penalty equal to 55% of that amount.

(2) The penalty calculated according to this rule may be reduced only upon the mutual agreement of the parties and the department.

(3) Claims for minimum wage and overtime filed against employers covered by provisions of the Fair Labor Standards Act will be subject to the penalty provisions of that Act.

History

Authorizing statute(s): 39-3-202 and 39-3-403 MCA
Implementing statute(s): 39-3-206 MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94.

Mont. Admin. R. 24.16.7566 Penalty for Claims Involving Other Kinds of Compensation

(1) For determinations involving claims filed on or after October 1, 1993, if none of the special circumstances of ARM 24.16.7556 apply, penalties are calculated as follows:

(a) a penalty equal to 55% of the wages determined to be due to the employee will be imposed in all determinations issued by the department; but

(b) the department will reduce the penalty to 15% of the wages determined to be due if the employer pays the wages found due in the time period specified in the determination as well as a penalty equal to 15% of that amount.

(2) If a claim involves any of the special circumstances of ARM 24.16.7556, the department will impose the maximum penalty allowed by law.

(3) The penalty calculated according to this rule may be reduced only upon the mutual agreement of the parties and the department.

History

Authorizing statute(s): 39-3-202 MCA
Implementing statute(s): 39-3-206 MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94.

Mont. Admin. R. 24.16.7569 Penalty for Mixed Claims

(1) Penalties for claims involving more than one type of wage claim are calculated by applying the appropriate administrative penalty rule to each component of the claim that is determined to be valid.

History

Authorizing statute(s): 39-3-202 MCA
Implementing statute(s): 39-3-206 MCA
History: NEW, 1994 MAR p. 1152, Eff. 5/1/94.

Subchapter 1

General Provisions

History

Authorizing statute(s): 2-4-201 and 18-2-431, MCA
Implementing statute(s): 18-2-407, 18-2-409, 39-3-211 and 39-3-216, MCA
History: NEW, 1989 MAR p. 2250, Eff. 12/22/89; AMD, 1996 MAR p. 1668, Eff. 7/1/96; REP, 2002 MAR p. 2446, Eff. 9/13/02.

Chapter 24.17 Prevailing Wages for Public Works Projects

Subchapter 24.17.1 General Provisions

Mont. Admin. R. 24.17.101 Purpose and Scope

(1) These rules are adopted pursuant to 18-2-431 , MCA, giving the commissioner rulemaking authority to implement the Montana Prevailing Wage law, commonly known as Montana's "Little Davis-Bacon" Act ( 18-2-401 , et seq., MCA) . The purpose of the above referenced statutes and these rules is to protect local labor markets, to maintain the general welfare of Montana workers on public works projects, to eliminate wage cutting as a method of competing for public contracts, to maintain wages and rates paid on public works at a level sufficient to attract highly skilled laborers performing quality workmanship and to prevent the rate of wages from adversely affecting the equal opportunity of Montana contractors to bid on public works.

(2) In 1931, the legislature enacted the Montana "Little Davis-Bacon" Act. The Act requires a hiring preference for Montana workers in all contracts let for public works, a 50 percent preference on public works projects, excluding projects involving the expenditure of federal aid funds or where residency preference laws are specifically prohibited by federal law, and empowers the commissioner to determine the minimum wage rates to be paid to all workers on public work contracts.

History

Authorizing statute(s): 18-2-409, 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-401, 18-2-402, 18-2-411, 39-3-201 through 39-3-216, MCA
History: NEW, 1985 MAR p. 1859, Eff. 11/30/85; AMD, 1988 MAR p. 2378, Eff. 12/1/88; AMD, 2002 MAR p. 2446, Eff. 9/13/02; TRANS, from ARM 24.16.9001, Eff. 9/13/02.

Mont. Admin. R. 24.17.103 Definitions

As used in this subchapter, the following definitions apply, unless the context of the rule clearly indicates otherwise:

(1) "Act" means 18-2-401 through 18-2-432, MCA.

(2) "Adverse decision" means a decision by the department that is not favorable to the party requesting review.

(3) "Apprentice" means a worker employed to learn a skilled trade under a written apprenticeship agreement registered with the department or the U.S. Bureau of Apprenticeship and Training.

(4) "Bona fide resident of Montana" is defined at 18-2-401, MCA.

(5) "Commissioner" has the same meaning as provided by 2-15-1701, MCA.

(6) "Certified payroll records" mean payroll records of an employer which show the rates and hours paid and any deductions therefrom, made by the employer on a public works contract job and which have been verified by or on behalf of the employer as being complete and accurate.

(7) "Claim or "complaint" means:

(a) a complaint alleging non-payment of the standard prevailing wage on a public works contract job;

(b) a request for an audit of an employer's payroll on a public works contract job; or

(8) "Day" means a calendar day.

(9) "Department" has the same meaning as provided by 2-15-1701, MCA.

(10) "Determination" means a decision by the department on the merits of a claim, providing the amount of wages and penalty owed for labor performed on a public works contract job.

(11) "Dispatch city" is the courthouse in the city from the following list which is closest to the center of the job and within the same prevailing wage district, if any: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Miles City, Missoula, and Sidney.

(12) "District" means a prevailing wage district as established under 18-2-411, MCA.

(13) "Employ" has the same meaning as provided by 39-3-201, MCA.

(14) "Employee" has the same meaning as provided by 39-3-201, MCA, and includes any laborer, mechanic, skilled, unskilled and semiskilled laborer and apprentices employed by a contractor, subcontractor or employer and engaged in the performance of services directly upon or immediately adjacent to the job site. The term does not include material suppliers or their employees who do not perform services at the job site.

(15) "Employer" has the same meaning as provided by 39-3-201, MCA, and includes contractors and subcontractors.

(16) "Hearing" means a contested case per Title 2, chapter 4, part 6, MCA.

(17) "Mediation" is the process described by 26-1-813, MCA.

(18) "Penalty" means the statutory penalty provided by 18-2-407, MCA, assessed by the department against the employer and paid to the employee in addition to any wages owed.

(19) "Per diem" typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer.

(20) "Public contracting agency" includes:

(a) the state of Montana or any political subdivision thereof;

(b) the Montana university system;

(d) school districts, irrigation districts, or other public authorities organized under the laws of the state of Montana; or

(e) any board, council, commission, trustees or other public body acting as or on behalf of a public agency.

(21) "Prevailing wage" or "standard prevailing rate of wages" means the standard prevailing rate of wages, as provided by 18-2-401, MCA, and as adopted by the department for work on public works contract jobs. The standard prevailing rate of wages determined according to these rules is not a prescribed wage rate, but is rather a minimum, at or above which an individual performing labor on a public works project must be compensated.

(22) "Redetermination" means an informal review by the department, based upon new or additional information supplied by a party receiving an adverse determination.

(23) "Travel pay," also referred to as "travel allowance," is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job.

(24) "Wages" have the same meaning as provided by 18-2-401, 18-2-412, 39-3-201, MCA.

(25) "Zone pay" is an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job.

History

Authorizing statute(s): 18-2-409, 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-402, 18-2-403, 18-2-409, 18-2-411, 18-2-422, 39-3-201, 39-3-203, 39-3-204, 39-3-205, 39-3-206, 39-3-207, 39-3-208, 39-3-209, 39-3-210, 39-3-211, 39-3-212, 39-3-213, 39-3-214, 39-3-215, 39-3-216, MCA
History: NEW, 1985 MAR p. 1859, Eff. 11/30/85; AMD, 1988 MAR p. 2378, Eff. 12/1/88; AMD, 2002 MAR p. 2446, Eff. 9/13/02; TRANS, from ARM 24.16.9002, Eff. 9/13/02; AMD, 2011 MAR p. 102, Eff. 1/28/11; AMD, 2014 MAR p. 3058, Eff. 1/2/15; AMD, 2016 MAR p. 140, Eff. 12/25/15; AMD, 2021 MAR p. 1913, Eff. 1/1/22; AMD, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.107 Prevailing Wage Districts Established

(1) Pursuant to 18-2-411, MCA, the commissioner has established four districts for the purpose of setting the standard prevailing rate of wages for building construction services ARM 24.17.119 and nonconstruction services ARM 24.17.122. Heavy construction services rates ARM 24.17.120 and highway construction services rates (ARM 24.17.121) are set on a statewide basis pursuant to 18-2-414, MCA.

(2) The districts are composed of the following counties:

(a) District 1: Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders;

(b) District 2: Beaverhead, Broadwater, Deer Lodge, Glacier, Granite, Jefferson, Lewis and Clark, Liberty, Madison, Pondera, Powell, Silver Bow, Teton, and Toole;

(c) District 3: Blaine, Cascade, Chouteau, Fergus, Gallatin, Golden Valley, Hill, Judith Basin, Meagher, Park, Petroleum, Phillips, Sweet Grass, and Wheatland;

(d) District 4: Big Horn, Carbon, Carter, Custer, Daniels, Dawson, Fallon, Garfield, McCone, Musselshell, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Treasure, Valley, Wibaux, and Yellowstone.

(3) Districts and their contiguous districts are as follows:

(a) the contiguous district for District 1 is district 2;

(b) the contiguous districts for District 2 are districts 1 and 3;

(d) the contiguous district for District 4 is district 3.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-411, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; AMD, 2011 MAR p. 102, Eff. 1/28/11; AMD, 2013 MAR p. 1977, Eff. 11/1/13

Mont. Admin. R. 24.17.119 Establishing the Standard Prevailing Rate of Wages and Fringe Benefits – Building Construction Services

(1) The commissioner shall establish the standard prevailing rate of wages and fringe benefits for the various occupations engaged in building construction services in each district. Although the commissioner establishes wage rates and fringe benefit rates including travel, zone pay, and per-diem allowance rates separately, an employer's obligation to pay the "prevailing rate of wages" includes paying the combined value of both wages and fringe benefits, including travel, zone pay, and per-diem.

(2) The standard prevailing rate of wages is based upon an annual survey in each of the districts established in ARM 24.17.107, of licensed electrical contractors, licensed plumbers, and registered construction contractors engaged in work performed to commercial building codes, as provided for by 18-2-413, MCA, who are licensed or registered on February 1 of the year in which the survey is being conducted.

(3) Based on survey data collected by the department for each district, the commissioner will compile wage rate information for a given occupation that reflects wage rates actually paid to workers engaged in public works or commercial projects. Where a wage rate is adopted from a collective bargaining agreement, applicable zone pay or travel pay, if any, shall be adopted from that same agreement. If the wage rate is adopted from collective bargaining agreements which have equal wage rates and different zone pay or travel pay, the zone pay or travel pay shall be adopted from the agreement covering more employees. Wage rates calculated through the survey for each occupation will be established using the following procedure:

(a) If a minimum of 10 or more workers is reported for the occupation within the district and 50 percent or more of those workers receive the same wage, then the higher of that wage or the highest applicable collectively bargained rate is the prevailing wage rate for that occupation in that district.

(b) If 10 or more workers are reported for the occupation within the district but 50 percent of those workers are not paid the same wage, the weighted average wage rate is the prevailing wage rate for that occupation in that district.

(c) If less than 10 workers are reported for the occupation within the district, the prevailing wage rate is the highest applicable collectively bargained rate for that occupation in that district.

(d) If less than 10 workers are reported for the occupation within the district and a collective bargaining agreement does not exist for the occupation in that district, a weighted average wage rate for the district will be computed using data submitted from that district and its contiguous districts.

(e) If contiguous district data do not sum to a minimum of 10 workers, a statewide weighted average wage rate will be calculated for that occupation.

(f) If a minimum of 10 workers is not reported for the occupation statewide, no wage rate will be established for that occupation.

(4) Based on survey data collected by the department for each district, the commissioner will compile fringe benefit information for a given occupation that reflects fringe benefits actually paid to workers engaged in public works or commercial projects. Where a fringe benefit is adopted from a collective bargaining agreement, applicable per diem, if any, must be adopted from that same agreement. If the fringe benefit is adopted from collective bargaining agreements which have equal fringe benefits and different per diem, the per diem shall be adopted from the agreement covering more employees. A single fringe benefit rate calculated through the survey for each occupation will be established for bona fide benefits paid or contributed to approved plans, funds, or programs for health insurance, life insurance, pension or retirement, vacations, holidays, and sick leave using the following procedure:

(a) If a minimum of 10 or more workers is reported for the occupation within the district and 50 percent or more of those workers receive the same dollar value of fringe benefits, then the higher of that dollar value of fringe benefits, the highest applicable collectively bargained rate, or other predominate, established trade organization fringe benefit funds, plans, or programs is the prevailing fringe benefit rate for that occupation in that district.

(b) If 10 or more workers are reported for the occupation within the district but 50 percent of those workers are not paid the same fringe benefit rate, the weighted average fringe benefit rate is the prevailing fringe benefit rate for that occupation in that district.

(c) If less than 10 workers are reported for the occupation within the district, the district prevailing fringe benefit rate is the higher of the highest applicable collectively bargained fringe benefit rate or other predominate, established trade organization fringe benefit funds, plans, or programs for that occupation in that district.

(d) If less than 10 workers are reported for the occupation within the district and a collective bargaining agreement or other predominate, established trade organization funds, plans, or programs does not exist for the occupation in that district, a weighted average fringe benefit rate for the district will be computed using data submitted from that district and all contiguous districts.

(e) If contiguous district fringe benefit data do not sum to a minimum of 10 workers, a statewide weighted average fringe benefit rate will be calculated for that occupation.

(f) If a minimum of 10 workers are not reported for the occupation statewide, no fringe benefit rate will be established for that occupation.

(5) The commissioner considers current wage rate information on file and as provided in survey responses when setting the standard prevailing rate of wages and fringe benefits for each craft, trade, occupation, or type of workers.

(a) Wage information will be considered by the commissioner only if such information is received by the Department of Labor and Industry, P.O. Box 8011, Helena, Montana 59604, within the time set by the commissioner.

(b) The commissioner may request clarification, additional information, or independent verification of information submitted pursuant to this rule.

(c) Wage information received during public comment for the update of prevailing wage rates or fringe benefits will not be considered.

(6) In the event of an incorrect prevailing wage rate or fringe benefit rate being published, the commissioner will review additional data submitted to determine whether the rate is incorrect. If found to be incorrect, the prevailing wage and fringe benefit rates will revert to the last published wage and fringe benefits rate for that occupation that was adopted via the rulemaking and public hearing process. For purposes of this rule, wage information which was not submitted during the survey does not indicate that a rate is incorrect. For temporary rates which have not been adopted via the rulemaking and the public hearing process, a corrected rate will be calculated based on information collected and submitted.

(7) It is the obligation of any person having possession or knowledge of wage rate information, including collective bargaining agreements that the commissioner should consider, or desires that the commissioner consider, to timely deliver such information to the commissioner.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-402, 18-2-403, 18-2-413, 18-2-419, MCA
History: NEW, 2013 MAR p. 1977, Eff. 11/1/13; AMD, 2014 MAR p. 3058, Eff. 1/2/15; AMD, 2024 MAR p. 966, Eff. 4/27/24.

Mont. Admin. R. 24.17.120 Establishing the Standard Prevailing Rate of Wages and Fringe Benefits – Heavy Construction Services

(1) The commissioner shall establish the standard prevailing rate of wages and fringe benefits for the various occupations engaged in heavy construction services statewide. Although the commissioner establishes wage rates and fringe benefit rates, including travel, zone pay, and per-diem allowance rates separately, an employer's obligation to pay the "prevailing rate of wages" includes paying the combined value of both wages and fringe benefits, including travel, zone pay, and per-diem.

(2) The commissioner uses various data sources to determine the standard prevailing rate of wages.

(a) The standard prevailing rate of wages may be based upon an annual statewide survey of licensed electrical contractors, licensed plumbers, and registered construction contractors engaged in work performed to commercial building codes, as provided for by 18-2-414, MCA, who are licensed or registered on February 1 of the year in which the survey is being conducted.

(b) The standard prevailing rate of wages may instead be based upon applicable federal Davis-Bacon Act rates for heavy construction services in effect on a statewide basis for Montana as of September 1 of that year.

(c) If, with respect to any given occupation, there is a difference in the standard prevailing rate of wages (including the value of fringe benefits) surveyed for under this section, and the applicable federal Davis-Bacon Act rates in effect statewide for heavy construction services in Montana as of September 1 of that year, the commissioner shall adopt the higher of the two as the standard prevailing rate of wages.

(3) Based on survey data collected by the department statewide, the commissioner will compile wage rate information for a given occupation that reflects wage rates actually paid to workers engaged in public works or commercial projects. Where a wage rate is adopted from a collective bargaining agreement, applicable zone pay or travel pay, if any, must be adopted from that same agreement. If the wage rate is adopted from collective bargaining agreements which have equal wage rates and different zone pay or travel pay, the zone pay or travel pay must be adopted from the agreement covering more employees. Wage rates calculated through the survey for each occupation will be established using the following procedure:

(a) If a minimum of 40 or more workers are reported for the occupation statewide and 50 percent or more of those workers receive the same wage, then the statewide surveyed prevailing wage rate for that occupation is the higher of:

(i) that wage; or

(ii) the highest applicable collectively bargained rate.

(b) If 40 or more workers are reported for the occupation statewide but 50 percent of those workers are not paid the same wage, then the statewide surveyed prevailing wage rate for that occupation is the higher of:

(i) the weighted average wage; or

(ii) the highest applicable collectively bargained rate.

(c) If less than 40 workers are reported for the occupation statewide, the surveyed prevailing wage rate is the highest applicable collectively bargained rate for that occupation statewide.

(d) If less than 40 workers are reported for the occupation statewide and a collective bargaining agreement does not exist for the occupation, the federal Davis-Bacon Act rate for heavy construction services for the occupation in effect statewide for Montana on September 1 of that year is the prevailing wage rate for that occupation.

(e) No wage rate will be established for an occupation where:

(i) a minimum of 40 workers is not reported statewide;

(ii) a collective bargaining agreement does not exist; and

(iii) a federal Davis-Bacon Act rate for heavy construction services has not been established on a statewide basis as of September 1 of that year.

(4) Based on survey data collected by the department statewide, the commissioner will compile fringe benefit information for a given occupation statewide that reflects fringe benefits actually paid to workers engaged in public works or commercial projects. Where a fringe benefit is adopted from a collective bargaining agreement, applicable per diem, if any, must be adopted from that same agreement. If the fringe benefit is adopted from collective bargaining agreements which have equal fringe benefits and different per diem, the per diem must be adopted from the agreement covering more employees. A single fringe benefit rate calculated through the survey for each occupation will be established for bona fide benefits paid or contributed to approved plans, funds, or programs for health insurance, life insurance, pension or retirement, vacations, holidays, and sick leave using the following procedure:

(a) If a minimum of 40 or more workers are reported for the occupation statewide and 50 percent or more of those workers receive the same dollar value of fringe benefits, then the statewide surveyed prevailing fringe benefit rate for that occupation is the higher of:

(i) that fringe benefit; or

(ii) the highest applicable collectively bargained fringe benefit rate.

(b) If 40 or more workers are reported for the occupation statewide but 50 percent of those workers are not paid the same fringe benefit rate, the surveyed prevailing fringe benefit rate for that occupation statewide is the higher of:

(i) the weighted average fringe benefit rate; or

(ii) the highest applicable collectively bargained fringe benefit rate.

(c) If less than 40 workers are reported for the occupation statewide, the surveyed prevailing fringe benefit rate is the highest applicable collectively bargained fringe benefit rate for that occupation statewide.

(e) No fringe benefit rate will be established for an occupation where:

(i) a minimum of 40 workers is not reported statewide;

(ii) a collective bargaining agreement does not exist; and

(iii) a federal Davis-Bacon Act rate for heavy construction services has not been established on a statewide basis as of September 1 of that year.

(b) The commissioner may request clarification, additional information, or independent verification of information submitted pursuant to this rule.

(c) Wage information received during public comment for the update of prevailing wage rates or fringe benefits will not be considered.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-402, 18-2-403, 18-2-414, 18-2-419, MCA
History: NEW, 2013 MAR p. 1977, Eff. 11/1/13; AMD, 2014 MAR p. 3058, Eff. 1/2/15; AMD, 2024 MAR p. 966, Eff. 4/27/24.

Mont. Admin. R. 24.17.121 Establishing the Standard Prevailing Rate of Wages and Fringe Benefits -- Highway Construction Services

(1) The commissioner shall establish the standard prevailing rate of wages and fringe benefits for the various occupations engaged in highway construction services statewide. Although the commissioner establishes wage rates and fringe benefit rates, including travel, zone pay, and per-diem allowance rates separately, an employer's obligation to pay the "prevailing rate of wages" includes paying the combined value of both wages and fringe benefits, including travel, zone pay, and per-diem.

(2) The commissioner uses various data sources to determine the standard prevailing rate of wages.

(b) The standard prevailing rate of wages may instead be based upon applicable federal Davis-Bacon Act rates for highway construction services in effect for Montana on September 1 of that year.

(c) If, with respect to any given occupation, there is a difference in the standard prevailing rate of wages (including the value of fringe benefits) surveyed for under this section, and the applicable federal Davis-Bacon Act rates in effect statewide for highway construction services in Montana as of September 1 of that year, the commissioner shall adopt the higher of the two as the standard prevailing rate of wages.

(3) Based on survey data collected by the department statewide, the commissioner will compile wage rate information for a given occupation that reflects wage rates actually paid to workers engaged in public works or commercial projects. Where a wage rate is adopted from a collective bargaining agreement, applicable zone pay or travel pay, if any, must be adopted from that same agreement. If the wage rate is adopted from collective bargaining agreements which have equal wage rates and different zone pay or travel pay, the zone pay or travel pay must be adopted from the agreement covering more employees. Wage rates calculated for each occupation will be established using the following procedure:

(a) If a minimum of 40 or more workers are reported for the occupation statewide, and 50 percent or more of those workers receive the same wage, then the statewide surveyed prevailing wage rate for that occupation is the higher of:

(i) that wage; or

(ii) the highest applicable collectively bargained rate.

(b) If 40 or more workers are reported for the occupation statewide, but 50 percent of those workers are not paid the same wage, then the statewide surveyed prevailing wage rate for that occupation is the higher of:

(i) the weighted average wage; or

(ii) the highest applicable collectively bargained rate.

(c) If less than 40 workers are reported for the occupation statewide, the surveyed prevailing wage rate is the highest applicable collectively bargained rate for that occupation statewide.

(d) If less than 40 workers are reported for the occupation statewide and a collective bargaining agreement does not exist for the occupation, the federal Davis-Bacon Act rate for highway construction services for the occupation in effect statewide for Montana on September 1 of that year is the prevailing wage rate for that occupation.

(e) No rate will be established for an occupation where:

(i) a minimum of 40 workers is not reported statewide;

(ii) a collective bargaining agreement does not exist; and

(iii) a federal Davis-Bacon Act rate for highway construction services has not been established on a statewide basis as of September 1 of that year.

(a) If a minimum of 40 or more workers are reported for the occupation statewide, and 50 percent or more of those workers receive the same dollar value of fringe benefits, then the statewide surveyed prevailing fringe benefit rate for that occupation is the higher of:

(i) that fringe benefit; or

(ii) the highest applicable collectively bargained fringe benefit rate.

(b) If 40 or more workers are reported for the occupation statewide, but 50 percent of those workers are not paid the same fringe benefit rate, the surveyed prevailing fringe benefit rate for that occupation statewide is the higher of:

(i) the weighted average fringe benefit; or

(ii) the highest applicable collectively bargained fringe benefit rate.

(d) If less than 40 workers are reported for the occupation statewide and a collective bargaining agreement does not exist for the occupation, the federal Davis-Bacon Act rate for highway construction services for the occupation in effect statewide for Montana on September 1 of that year is the surveyed prevailing fringe benefit rate for that occupation.

(e) No fringe benefit rate will be established for an occupation where:

(i) a minimum of 40 workers is not reported statewide;

(ii) a collective bargaining agreement does not exist; and

(iii) a federal Davis-Bacon Act rate for highway construction services has not been established on a statewide basis as of September 1 of that year.

(b) The commissioner may request clarification, additional information, or independent verification of information submitted pursuant to this rule.

(c) Wage information received during public comment for the update of prevailing wage rates or fringe benefits will not be considered.

(6) In the event of an incorrect prevailing wage rate or fringe benefit rate being published, the commissioner will review additional data submitted to determine whether the rate is incorrect. If found to be incorrect, the prevailing wage and fringe benefit rates will revert to the last published wage and fringe benefit rate for that occupation that was adopted via the rulemaking and public hearing process. For purposes of this rule, wage information which was not submitted during the survey does not indicate that a rate is incorrect. For temporary rates which have not been adopted via the rulemaking and the public hearing process, a corrected rate will be calculated based on information collected and submitted.

(7) It is the obligation of any person having possession or knowledge of wage rate information, including collective bargaining agreements that the commissioner should consider, or it is desired that the commissioner consider, to timely deliver such information to the commissioner.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-402, 18-2-403, 18-2-414, 18-2-419, MCA
History: NEW, 1985 MAR p. 1859, Eff. 11/30/85; AMD, 1986 MAR p. 44, Eff. 1/16/86; AMD, 1988 MAR p. 2378, Eff. 12/1/88; AMD, 1989 MAR p. 665, Eff. 5/26/89; AMD, 1998 MAR p. 1740, Eff. 6/26/98; AMD, 1998 MAR p. 2585, Eff. 9/25/98; AMD, 2002 MAR p. 1985, Eff. 8/1/02; AMD, 2002 MAR p. 2446, Eff. 9/13/02; TRANS, from ARM 24.16.9003, Eff. 9/13/02; AMD, 2011 MAR p. 102, Eff. 1/28/11; AMD, 2013 MAR p. 1977, Eff. 11/1/13; AMD, 2014 MAR p. 3058, Eff. 1/2/15; AMD, 2024 MAR p. 966, Eff. 4/27/24.

Mont. Admin. R. 24.17.122 Establishing the Standard Prevailing Rate of Wages and Fringe Benefits – Nonconstruction Services

(1) The commissioner shall establish the standard prevailing rate of wages and fringe benefits for the various occupations engaged in nonconstruction services in each district. Although the commissioner establishes wage rates and fringe benefit rates separately, an employer's obligation to pay the "prevailing rate of wages" includes paying the combined value of both wages and fringe benefits, including travel, and per-diem.

(2) The standard prevailing rate of wages is based upon an annual survey in each of the districts established in ARM 24.17.107 of employers pursuant to 18-2-415, MCA, as known to the department as of February 1 of the year in which the survey is being conducted.

(3) Based on survey data collected by the department for each district, the commissioner will compile wage rate information for a given occupation that reflects wage rates actually paid to workers engaged in public works or commercial projects. Where a wage rate is adopted from a collective bargaining agreement, applicable zone pay or travel pay, if any, must be adopted from that same agreement. If the wage rate is adopted from collective bargaining agreements which have equal wage rates and different zone pay or travel pay, the zone pay or travel pay must be adopted from the agreement covering more employees. Wage rates calculated through the survey for each occupation will be established using the following procedure:

(a) If a minimum of 10 or more workers is reported for the occupation within the district and 50 percent or more of those workers receive the same wage, that rate is the prevailing wage rate for that occupation in that district.

(c) If less than 10 workers are reported for the occupation within the district, the prevailing wage rate is the highest applicable collectively bargained rate for that occupation in that district.

(e) If contiguous district data do not sum to a minimum of 10 workers, a statewide weighted average wage rate will be calculated for that occupation.

(f) If a minimum of 10 workers is not reported for the occupation statewide, no wage rate will be established for that occupation.

(4) Based on survey data collected by the department for each district, the commissioner will compile fringe benefit information for a given occupation that reflects fringe benefits actually paid to workers engaged in public works or commercial projects. Where a fringe benefit is adopted from a collective bargaining agreement, applicable per diem, if any, must be adopted from that same agreement. If the fringe benefit is adopted from collective bargaining agreements which have equal fringe benefits and different per diem, the per diem must be adopted from the agreement covering more employees. A single fringe benefit rate calculated through the survey for each occupation will be established for bona fide benefits paid or contributed to approved plans, funds, or programs for health insurance, life insurance, pension or retirement, vacations, holidays, and sick leave using the following procedure:

(a) If a minimum of 10 or more workers is reported for the occupation within the district and 50 percent or more of those workers receive the same dollar value of fringe benefits, that rate is the prevailing fringe benefit rate for that occupation in that district.

(c) If less than 10 workers are reported for the occupation within the district, the district prevailing fringe benefit rate is the highest applicable collectively bargained fringe benefit rate for that occupation in that district.

(d) If less than 10 workers are reported for the occupation within the district and a collective bargaining agreement does not exist for the occupation, a weighted average fringe benefit rate for the district will be computed using data submitted from that district and all contiguous districts.

(e) If contiguous district fringe benefit data do not sum to a minimum of 10 workers, a statewide weighted average fringe benefit rate will be calculated for that occupation.

(f) If a minimum of 10 workers are not reported for the occupation statewide, no fringe benefit rate will be established for that occupation.

(b) The commissioner may request clarification, additional information, or independent verification of information submitted pursuant to this rule.

(c) Wage information received during public comment for the update of prevailing wage rates or fringe benefits will not be considered.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-402, 18-2-403, 18-2-415, 18-2-419, MCA
History: NEW, 2013 MAR p. 1977, Eff. 11/1/13; AMD, 2014 MAR p. 3058, Eff. 1/2/15; AMD, 2024 MAR p. 966, Eff. 4/27/24.

Mont. Admin. R. 24.17.123 Insufficient Data for Zone Pay or Per Diem

(1) If the department does not receive sufficient data to calculate zone pay or per diem for any trade classification per the procedures in the applicable statutes and rules, including ARM 24.17.119, 24.17.120, 24.17.121, and 24.17.122, the department may reasonably approximate an applicable average zone pay or per diem for a trade classification by considering the information in (2).

(2) The information to reasonably approximate the applicable average zone pay or per diem in (1) includes, but is not limited to, the department’s current or prior year zone pay or per diem rates in the same or a contiguous district; the federal government’s current or prior year zone pay or per diem rates in the same or a comparable district; the current or prior year zone pay and travel rates for work of a similar character from the same or a contiguous district; and any other reasonable examples of zone pay and per diem rates adopted in a similar or comparable context.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-402, 18-2-411, 18-2-413, 18-2-414, 18-2-415, 18-2-419, MCA
History: NEW, 2026 MAR, Notice No. 2026-174, Eff. 9/26/26.

Mont. Admin. R. 24.17.124 Department Assistance and New Job Classification Rates

(1) Assistance in determining the nature of public works projects and whether heavy, highway or building construction prevailing wage rates apply, can be obtained through the office of the commissioner of labor and industry. Any determination or assistance provided by the commissioner's office is based solely on the facts as presented to the commissioner in the specific request for assistance.

(2) If the commissioner receives a written request for a rate that does not exist for a particular craft, trade, or occupation, the commissioner may set an interim advisory rate that may be used by the public contracting agency or public contractor until the rate is published in accordance with ARM 24.17.127 . Such rates will not be established more frequently than once every three months.

(3) At least 30 days prior to advertising for bids or letting a contract for a public works project, a public contracting agency may request that a new job classification and commensurate rate of wages and fringe benefits be established for a particular craft, classification or type of worker needed for a project. The commissioner will establish a standard prevailing rate of wages for any craft, classification or type of worker for which no rate has been previously determined.

(4) A request for a new project job classification and commensurate rate of wages and benefits does not relieve a contractor from the obligation to classify and pay workers in accordance with annually established standard prevailing wage rates pending the establishment of a new job classification and wage rates.

(5) A request for a new job classification and rate of wages shall include:

(a) identification of the project by name, number or description and location;

(b) the name and address of the public contracting agency and the successful public contractor if a contract for work on the project has been awarded;

(c) the name, address and signature of the requesting party, and the name, address and signature of a requesting party's representative;

(d) each proposed job classification and rate of wages requested;

(e) a brief description of the project and the character of the work to be performed;

(f) a detailed description of the job requirements, work to be performed and skills involved in each proposed job classification;

(g) an explanation as to why none of the classifications established for the standard prevailing rate of wages is applicable;

(h) any written items of information or documents the requesting party desires to be considered;

(i) the names and addresses of all parties entitled to notice and a signed and dated certificate showing that a copy of the request was mailed to each.

(6) A request for a new job classification and rate of wages must establish:

(a) that the project is of such an unusual character that its performance requires unique skills not traditionally performed by any craft classification or type of worker for which there has been established a standard prevailing rate of wages;

(b) that there exists a classification of workers who commonly perform work involving such unique skills at the proposed rate of wages.

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-402, 18-2-422, MCA
History: NEW, 1985 MAR p. 1859, Eff. 11/30/85; AMD, 1998 MAR p. 2585, Eff. 9/25/98; AMD, 2002 MAR p. 2446, Eff. 9/13/02; TRANS, from ARM 24.16.9004, Eff. 9/13/02.

Mont. Admin. R. 24.17.126 Informal Feedback on Proposed Prevailing Wage Rates

(1) The department, on behalf of the commissioner, shall seek informal feedback on the proposed prevailing wage rates (Proposed Rates) after the wage surveys are completed, but before the department files the Notice of Proposed Rulemaking (Notice) with the Secretary of State for publication pursuant to 2-4-306, MCA. The Proposed Rates shall be available to the public for informal feedback for a minimum of 14 days before the department files the Notice with the Secretary of State for publication.

(2) For purposes of this rule, “informal feedback” means any communication from a person to the department regarding the proposed rates, if the communication is received by the department before the Notice is filed with the Secretary of State. Informal feedback may be received by the department in any reasonable communication format, including, but not limited to, emails, phone calls, and comments made during a virtual or in-person meeting.

(3) For purposes of this rule, “interested person” includes, but is not limited to, individuals, survey participants, industry groups, labor organizations, professional licensing boards, government agencies, other stakeholders, and any other person who is interested in the subject of Montana’s prevailing wage rates.

(4) To obtain informal feedback, the department shall provide the public with access to the Proposed Rates using typical business practices for disseminating information, and the department shall provide the public with reasonable means to provide any questions, comments, concerns, or additional information to the department. For example, the department may post the Proposed Rates on the department’s website and email all interested persons explaining how to access the Proposed Rates and how to communicate informal feedback to the department.

(5) Neither the commissioner nor the department are required to provide a response to informal feedback received pursuant to this rule.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-402, 18-2-411, 18-2-413, 18-2-414, 18-2-415, 18-2-419, MCA
History: NEW, 2026 MAR, Notice No. 2026-174, Eff. 9/26/26.

Mont. Admin. R. 24.17.127 Adoption of Standard Prevailing Rate of Wages

(1) The commissioner's determination of minimum wage rates, including fringe benefits for health and welfare, pension contributions and travel allowance, by craft, classification or type of worker, and by character of project, are adopted in accordance with the Montana Administrative Procedure Act and rules implementing such act.

(a) A notice of proposed adoption of the commissioner's determination is published in the Montana Administrative Register approximately 45 to 60 days prior to adoption.

(b) Adopted wage rates are effective until superseded and replaced by a subsequent adoption.

(c) The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised.

(d) The wage rates proposed and the wage rates adopted are incorporated by reference in respective notices published in the Montana Administrative Register.

(e) The current building construction services rates are contained in the 2026 (revised) version of the "Montana Prevailing Wage Rates for Building Construction Services" publication.

(f) The current nonconstruction services rates are contained in the 2026 (revised) version of the "Montana Prevailing Wage Rates for Nonconstruction Services" publication.

(g) The current heavy construction services rates are contained in the 2026 (revised) version of the "Montana Prevailing Wage Rates for Heavy Construction Services" publication.

(h) The current highway construction services rates are contained in the 2026 (revised) version of the "Montana Prevailing Wage Rates for Highway Construction Services" publication.

(2) The commissioner maintains a mailing list of interested persons and agencies. A copy of any notice, proposed rate of wages, adopted rates, wages or other information are distributed to each addressee. All others may obtain a copy or be included on the mailing list upon request to the address listed in (3). Copies of adopted wage rates are available at reproduction cost for a period of five years following their effective date.

(3) The standard prevailing rates of wages publications are adopted and incorporated by reference. Copies of the rates are available upon request from the Operations Bureau, Employment Standards Division, Department of Labor and Industry, 301 S. Park Avenue, P.O. Box 8011, Helena, MT 59604, (406) 444-6543, or on the department’s website.

History

Authorizing statute(s): 2-4-307, 18-2-409, 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-402, 18-2-403, 18-2-406, 18-2-411, 18-2-412, 18-2-413, 18-2-414, 18-2-415, 18-2-422, 18-2-431, MCA
History: NEW, 1986 MAR p. 44, Eff. 1/16/86; AMD, 1986 MAR p. 1466, Eff. 8/29/86; AMD, 1986 MAR p. 1960, Eff. 11/29/86; AMD, 1987 MAR p. 1633, Eff. 9/25/87; AMD, 1988 MAR p. 2378, Eff. 12/1/88; AMD, 1990 MAR p. 1707, Eff. 9/1/90; AMD, 1991 MAR p. 1005, Eff. 6/28/91; AMD, 1992 MAR p. 2165, Eff. 8/15/92; AMD, 1993 MAR p. 1331, Eff. 7/1/93; AMD, 1994 MAR p. 1705, Eff. 7/1/94; AMD, 1995 MAR p. 1129, Eff. 7/1/95; AMD, 1996 MAR p. 1669, Eff. 7/1/96; AMD, 1997 MAR p. 1037, Eff. 7/1/97; AMD, 1998 MAR p. 2870, Eff. 9/25/98; AMD, 2000 MAR p. 1639, Eff. 7/1/00; AMD, 2001 MAR p. 444, Eff. 3/23/01; AMD, 2001 MAR p. 1102, Eff. 6/30/01; AMD, 2002 MAR p. 2446, Eff. 9/13/02; TRANS, from ARM 24.16.9007, Eff. 9/13/02; AMD, 2002 MAR p. 3416, Eff. 12/13/02; AMD, 2003 MAR p. 2867, Eff. 12/25/03; AMD, 2004 MAR p. 1780, Eff. 8/6/04; AMD, 2005 MAR p. 2064, Eff. 10/28/05; AMD, 2006 MAR p. 679, Eff. 3/10/06; AMD, 2006 MAR p. 2832, Eff. 11/10/06; AMD, 2007 MAR p. 968, Eff. 6/22/07; AMD, 2008 MAR p. 1471, Eff. 7/18/08; AMD, 2009 MAR p. 868, Eff. 5/15/09; AMD, 2010 MAR p. 912, Eff. 2/12/10; AMD, 2011 MAR p. 747, Eff. 5/13/11; AMD, 2011 MAR p. 1136, Eff. 6/24/11; AMD, 2012 MAR p. 306, Eff. 2/10/12; AMD, 2013 MAR p. 114, Eff. 2/1/13; AMD, 2014 MAR p. 1598, Eff. 7/11/14; AMD, 2014 MAR p. 3058, Eff. 1/2/15; AMD, 2016 MAR p. 140, Eff. 12/25/15; AMD, 2017 MAR p. 93, Eff. 1/7/17; AMD, 2018 MAR p. 183, Eff. 1/27/18; AMD, 2018 MAR p. 841, Eff. 4/28/18; AMD, 2019 MAR p. 134, Eff. 1/26/19; AMD, 2019 MAR p. 2349, Eff. 1/1/20; AMD, 2020 MAR p. 2410, Eff. 1/1/21; AMD, 2021 MAR p. 1913, Eff. 1/1/22; AMD, 2022 MAR p. 353, Eff. 3/12/22; AMD, 2023 MAR p. 17, Eff. 1/14/23; AMD, 2024 MAR p. 80, Eff. 1/13/24; AMD, 2025 MAR, 24-17-422, Eff. 1/11/25; AMD, 2025 MAR, Notice No. 2025-26, Eff. 7/1/25; AMD, 2026 MAR, Notice No. 2026-16, Eff. 4/25/26.

Mont. Admin. R. 24.17.141 Obligations of Parties Regarding the Payment of Prevailing Wages

(1) Montana law requires payment of the standard prevailing rate of wages on public works contracts. Public contracting agencies, contractors, and subcontractors and employers each have a role in complying with the prevailing wage laws.

(2) Assistance in determining the nature of public works projects and whether heavy, highway or building construction prevailing wage rates apply, can be obtained through the office of the Commissioner of Labor and Industry. Any determination or assistance provided by the commissioner's office is based solely on the facts as presented to the commissioner in the specific request for assistance.

(3) Pursuant to 18-2-422 , MCA, a public contracting agency is obligated to include in its bid specifications and public works contracts a provision that the contractors, subcontractors and employers must pay the standard prevailing rate of wages in the performance of the public works contract, and specify what those rates are. As provided in 18-2-403 , MCA, the failure of the public contracting agency to include such provisions subjects the public contracting agency to liability for any underpaid wages owed by any contractor, subcontractor or employer for the performance of the public works contract.

(4) Pursuant to 18-2-403 , MCA, if the public contracting agency includes the required provisions regarding payment of the standard prevailing rate of wages, the contractor, subcontractor or employer that signs the contract with the public contracting agency is obligated to ensure that the appropriate standard prevailing rate of wages is paid to each employee performing construction services in performance of the public works contract, and is liable for any underpaid wages or fringe benefits.

(5) As provided in 18-2-406 , MCA, each contractor, subcontractor or employer must post the wage scale to be paid for work done in performance of the public works contract in a prominent and accessible site on the project or work area from the first day of work and continued for the duration of the project. Failure to pay at least the standard prevailing rate of wages subjects each contractor, subcontractor or employer to penalties and fees as provided by law.

(6) In order to ensure compliance with Montana's prevailing wage laws, public contracting agencies, contractors, subcontractors and employers may enter into contractual agreements that specify that each contractor, subcontractor or employer working on the public works contract has an obligation to ensure that any person, firm or entity performing any portion of the public works contract for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. The terms of the contract may include a provision for the indemnification of a party that is required to pay underpaid wages on behalf of any other person, firm or entity that failed to properly pay the required prevailing wage.

(7) The failure of a contractor, subcontractor or employer to comply with the provisions of 18-2-412 , MCA, regarding the acceptable alternative methods of paying the standard prevailing rate of wages, may subject that party to penalties as provided by law and damages or obligations as specified by contract.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-403, 18-2-406, 18-2-407, 18-2-412, and 18-2-422, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Mont. Admin. R. 24.17.144 Obligations of Public Contracting Agencies

(1) A public contracting agency must include in the bid specifications and contracts for any public works the following:

(a) an unequivocal agreement by the contractor or employer to give preference to employment of bona fide Montana residents in compliance with 18-2-403 (1) , MCA;

(b) a statement that any construction project, excluding projects involving the expenditure of federal aid funds or where residency preference laws are specifically prohibited by federal law, the bid specifications and the contract shall provide that at least 50% of the workers of each contractor working on the project will be bona fide Montana residents in compliance with 18-2-403 (1) and 18-2-409 , MCA. In the case of a particular contractor such percentage of Montana residents shall be modified to comply with any written directive by the commissioner specifying a different percentage;

(c) an unequivocal agreement by the contractor or employer that a worker performing labor on the project will be paid the applicable standard prevailing rate of wages as determined by the commissioner;

(d) a listing of standard prevailing wage rates including fringe benefits determined by the commissioner applicable to the public works contract; and

(e) the contract provisions must clearly show that the contractor or employer is bound to pay wages at rates determined by the commissioner, and to give required preferences.

(2) If a contract for public works is to be performed in more than one district where a different standard prevailing rate of wages is established for a particular craft, classification or type of worker, the highest rate is the rate to be included in the bid specifications and contract provision.

(3) Whenever a public works project is accepted by a public contracting agency, the agency shall promptly send to the department a notice of acceptance and the completion date of the project. This notice is required only if the public works project is covered by the Act.

(4) If a public contracting agency fails to comply with the requirements of this rule, the obligation to pay the standard prevailing rate of wages will be placed on the public contracting agency and the contractor may be relieved of such obligation.

History

Authorizing statute(s): 18-2-409, 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-403, 18-2-421, 18-2-422, MCA
History: NEW, 1985 MAR p. 1859, Eff. 11/30/85; AMD, 1988 MAR p. 2378, Eff. 12/1/88; AMD, 2002 MAR p. 2446, Eff. 9/13/02; TRANS, from ARM 24.16.9005, Eff. 9/13/02; AMD, 2003 MAR p. 2869, Eff. 12/25/03.

Mont. Admin. R. 24.17.147 Obligations of Employers and Contractors

(1) All contractors and employers shall give preference in hiring to bona fide Montana residents in the performance of public works contracts.

(a) In the performance of a public works contract for a construction project, each contractor so engaged shall ensure that at least 50% of all workers performing labor under the contract for public works are bona fide Montana residents.

(b) For cause as provided in 18-2-409 , MCA, a contractor may in writing request that the commissioner modify percentage residency requirements on a particular project. In requesting the variance, the contractor must document in writing any and all measures taken in assessing the availability of bona fide Montana employees including, but not limited to, newspaper advertising or contacting local job service offices, local union halls, or temporary or personnel agencies. The commissioner may modify or waive residency requirements under the provision of the statute and shall by written directive notify the contracting agency of any such modification or waiver.

(2) All contractors and employers shall classify each employee who performs labor on a public works project according to the applicable standard prevailing rate of wages for such craft, classification or type of employee established by the commissioner, and shall pay each such employee a rate of wages not less than the standard prevailing rate.

History

Authorizing statute(s): 18-2-409, 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-403, MCA
History: NEW, 1985 MAR p. 1865, Eff. 11/30/85; AMD, 1988 MAR p. 2378, Eff. 12/1/88; AMD, 2002 MAR p. 2446, Eff. 9/13/02; TRANS, from ARM 24.16.9006, Eff. 9/13/02; AMD, 2003 MAR p. 2869, Eff. 12/25/03.

Mont. Admin. R. 24.17.161 Dividing Projects Prohibited

(1) Public contracting agencies shall not divide a public works project into more than one contract for the purpose of avoiding compliance.

(2) When making a determination of whether the public agency divided a contract to avoid compliance, the commissioner shall consider the facts and circumstances in any given situation including, but not limited to, the following matters:

(a) the physical separation of project structures;

(b) whether a single public works project includes several types of improvements or structures;

(d) whether the structures or improvements are similar to one another and combine to form a single, logical entity having one overall purpose or function;

(e) whether the work on the project is performed in one time period or in several phases as components of a larger entity;

(f) whether a contractor, subcontractor or employer and their employees are the same or substantially the same throughout the particular project;

(g) the manner in which the public contracting agency and the contractors, subcontractors or employers administer and implement the project; and

(h) other relevant matters as may arise in any particular case.

(3) When the commissioner determines that a public contracting agency has divided a public works project to avoid compliance, the commissioner shall issue an order compelling compliance. The order shall be written and shall offer the public contracting agency the opportunity to contest the order.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-402, 18-2-403, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Mont. Admin. R. 24.17.171 Apprentices

(1) Apprentices are those persons employed and individually registered in bona fide apprenticeship programs registered with or recognized by the department's Bureau of Apprenticeship and Training or the U.S. Bureau of Apprenticeship and Training.

(2) An employer is limited in the number of apprentices permitted on the job site for any class or type of employee based on the allowable ratio of apprentices to journeymen specified in the approved program. This requirement applies to the work site unless otherwise stated.

(3) An apprentice must register 30 days prior to the date the apprentice starts work on the project. An apprenticeship ratio is determined on a daily basis for each work week, based on the number of journeymen employed on site. Any employee who is not registered or otherwise employed as stated in this rule, shall be paid not less than the applicable wage rate on the wage determination for the class or type or work actually performed. If an employer exceeds or has exceeded the allowable ratio of apprentices to journey-level workers, the apprentice(s) who has the earliest starting date on the public works project is the apprentice who may be paid the percentage of pay specified in the apprenticeship agreement. If the records kept by the employer do not identify which apprentice started on which date, in the event the ratio is exceeded on any given day, all of the employer's apprentices working on the public works project must be paid the prevailing wage for that work week. In the event the Montana apprenticeship and training registration agency or the U.S. Bureau of Apprenticeship and Training withdraws approval of an apprenticeship program, or deems the program to be out of compliance, the contractor, subcontractor or employer shall no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the class or type of work performed until determined in compliance or an acceptable program is approved.

History

Authorizing statute(s): 18-2-431 and 39-6-101, MCA
Implementing statute(s): 18-2-412, 39-6-106, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Subchapter 24.17.3 Records And Payments

Mont. Admin. R. 24.17.301 Required Records

(1) All contractors, subcontractors or employers performing work on public works contracts shall make and maintain for a period of three years from the completion of work upon such public works projects, records necessary to determine whether the prevailing rate of wage and overtime has been or is being paid to employees upon public works projects.

(2) In addition to the certification required by ARM 24.17.307, records necessary to determine whether the prevailing wage rate and overtime wages have been or are being paid must include, but are not limited to, records of:

(a) the name, address, and social security number of each employee;

(b) the work classification or craft of each employee;

(i) the amount of payment (if any) for travel expenses;

(ii) the amount of payment (if any) for per diem expenses;

(iii) the amount of payment (if any) for other reimbursed expenses; and

(iv) the fair market value of any other benefits provided to the employee by the employer, such as allowing personal use of a company vehicle by the employee and the value of meals and lodging directly furnished by the employer;

(d) the rate or rates of fringe benefits payments made in lieu of those required to be provided to each employee;

(e) total daily and weekly compensation paid to each employee;

(f) the daily and weekly hours worked by each employee, specified by actual calendar date; and if the employee worked in more than one craft or classification for which different rates were payable, the records shall show the number of hours in each day worked at the different crafts or classifications;

(g) apprenticeship and training agreements and standards;

(h) any deduction, rebates or refunds taken from each employee's total compensation and actual wages paid; and

(i) any payroll and other records pertaining to the employment of employees on a public works project.

(3) When apprentices are employed on a public works project, the records must clearly distinguish them from other employees. The records must also clearly identify the date each apprentice started working on the public works project and must include verification of apprenticeship registration.

(4) When a contractor, subcontractor or employer employs an employee on public works projects and non-public works projects during the same work week and the employee is paid a rate of pay which is less than the prevailing wage rate when working on a non-public works project, the employer must separately record the hours worked on the public works contract projects and those hours worked elsewhere.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-422 and 18-2-423, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Mont. Admin. R. 24.17.304 Records Availability

(1) Every employer (including a contractor or subcontractor) performing work on a public works project shall make available to the department records necessary to determine if the prevailing wage rate has been or is being paid to employees on the public works project. Such records shall be made available for inspection and transcription within 72 hours of an on-site inspection, within five days of a mail-in request or at such later time as may be specified by the department.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-422 and 18-2-423, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Mont. Admin. R. 24.17.307 Payroll Certification

(1) When a prevailing wage complaint has been filed with the department or when the department has otherwise received evidence indicating that a violation has occurred, or when the department undertakes an audit, the department shall send a letter requesting copies of the contractor, subcontractor or employer's payroll records. The records requested will include those enumerated in ARM 24.17.301, and shall be forwarded to the department within five days. Included with the records must be a statement with respect to the wages paid each employee. This statement shall be executed by the contractor, subcontractor, employer or by an authorized officer or employee of the contractor, subcontractor or employer who supervises the payment of wages, and shall certify the payroll records, or copies thereof, are true and accurate and reflect all payments and deductions made for employees employed on the public works project for each week.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-422 and 18-2-423, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Mont. Admin. R. 24.17.311 Full Payment Required

(1) Each contractor, subcontractor or employer shall pay each employee not less than the prevailing wage rate required unconditionally, without subsequent rebate, and except as provided in (2) , without deductions for:

(a) meals;

(b) lodging;

(d) use of small tools.

(2) A contractor, subcontractor or employer may make deductions if such deductions are in a form prescribed by the commissioner and consistent with federal WH-347 payroll form available at www.dol.gov and are either:

(a) required by law;

(b) required or allowed by a collective bargaining agreement between a bona fide labor organization and the contractor, subcontractor or employer; or

(c) expressed in a written or oral agreement carried out in practice or in fact and mutually understood between an employee and an employer and undertaken at the beginning of employment. Such an agreement must concern the fair market value of other benefits provided to the employee by the employer such as meals and lodging directly furnished by the employer, employee use of company vehicles, or other similar items not regularly or customarily provided.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-402, 18-2-403, 18-2-406, 18-2-412 and 18-2-423, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Mont. Admin. R. 24.17.316 Wage Averaging Prohibited

(1) A contractor, subcontractor or employer may not reduce an employee's regular rate of pay for work on projects not subject to the prevailing wage rate laws when the reduction in pay has the effect of the employee not receiving the prevailing rate of wage for work performed on the public works project.

(2) As used in this rule, "regular rate" has the same meaning as that defined in ARM 24.16.3016, incorporating by reference 29 CFR 777.108, et seq.

(3) When making a determination of whether a contractor, subcontractor or employer has reduced an employee's regular rate in violation of (1) of this rule, the department shall consider:

(a) the timing of the wage rate reduction;

(b) whether the wage rate reduction was made pursuant to an established plan;

(d) whether the wage rate reductions are applied to employees employed on public works projects, but not to employees employed only on projects not subject to the prevailing wage rate laws; and

(e) other considerations as the facts and circumstances of a particular matter may reveal.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-412, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; AMD, 2026 MAR, Notice No. 2025-395, Eff. 3/7/26.

Mont. Admin. R. 24.17.321 Payment of Fringe Benefits

(1) All contractors, subcontractors and employers that are required to pay employees the prevailing rate of wages must pay no less than the hourly rate of pay and fringe benefits as determined by the commissioner.

(2) Apprentices must be paid the percentage of the basic hourly rate required, based on the total time in the craft. If the apprentice performs labor which is subject to a higher wage rate either by contract or by law than that specified in the apprenticeship standards, the higher wage rate shall be paid by the contractor, subcontractor, or employer. In any event, the apprentice is to receive the full amount of the fringe benefits stipulated on the wage decision.

(3) The provisions of this rule are met when the amount of the fringe benefit or benefits is paid to the employee, in cash, or irrevocable contributions are made to a trustee or a third party administering a fringe benefit or benefits program.

(4) When a contractor, subcontractor or employer pays an hourly rate of pay which exceeds that determined by the commissioner, the amount by which the rate is exceeded may be credited toward payment of the amount of fringe benefits determined by the commissioner for the trade or occupation.

(5) When a contractor, subcontractor or employer pays a rate for any one fringe benefit which exceeds that which is determined for the fringe benefit, the amount by which the rate is exceeded may be credited toward payment of the amount to be paid for all fringe benefits as determined by the commissioner for the trade or occupation.

(6) When a contractor, subcontractor or employer pays an amount for fringe benefits which exceeds the amount of fringe benefits established by the commissioner, the excess amount may be credited towards the hourly rate of pay. In order for the credit to apply, the contractor, subcontractor or employer must have the amount paid for fringe benefits separately identified as required by ARM 24.17.301(2).

(7) Contributions to fringe benefit plans must be made not less than quarterly.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-412, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; AMD, 2014 MAR p. 3058, Eff. 1/2/15.

Mont. Admin. R. 24.17.326 Overtime Wages Computations

(1) Where an employee performs work in one or more classifications which provide for one or more hourly rates of pay, the employee must be paid, in addition to the straight time hourly earnings for all hours worked, a sum determined by multiplying one half the weighted average of the hourly rates by the number of hours worked in excess of 40 per week.

(2) Fringe benefits must be paid for all hours worked, including the overtime hours. When determining the hourly wage rate for overtime purposes, the amount paid for fringe benefits shall be excluded from the computations when determining the overtime rate. For example, an employee who earns $15 per hour plus $3 per hour in fringe benefits and works 42 hours in a week is entitled to $600 ($15/hr x 40 hours) + $45 ($22.50/hr x 2 hours) + $126 ($3/hr x 42 hours) = $771 for that week.

History

Authorizing statute(s): 18-2-431 and 39-3-403, MCA
Implementing statute(s): 18-2-412 and 39-3-405, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Subchapter 24.17.5 Construction Services

Mont. Admin. R. 24.17.501 Public Works Contracts for Construction Services Subject to Prevailing Rates

(1) Public works contracts for construction services where the total contract price is more than $25,000 are subject to standard prevailing wage requirements, and include building construction, heavy construction, and highway construction.

(2) Building construction projects generally are the constructions of sheltered enclosures with walk-in access for housing persons, machinery, equipment, or supplies. It includes all construction of such structures, incidental installation of utilities and equipment, both above and below grade level, as well as incidental grading, utilities and paving.

(a) Work performed in new or reopened pits that produce aggregate, asphalt, concrete or backfill when the pit does not normally sell to the general public that is incidental to the project is considered part of the construction phase.

(b) Examples of building construction include, but are not limited to, alterations and additions to buildings, apartment buildings (five stories and above), arenas (closed), auditoriums, automobile parking garages, banks and financial buildings, barracks, churches, city halls, civic centers, commercial buildings, court houses, detention facilities, dormitories, farm buildings, fire stations, hospitals, hotels, industrial structures (buildings only), institutional buildings, libraries, mausoleums, motels, museums, nursing and convalescent facilities, office buildings, out-patient clinics, passenger and freight terminal buildings, police stations, post offices, power plants (buildings only), prefabricated buildings, remodeling buildings, renovating buildings, repairing buildings, restaurants, schools, service stations, shopping centers, stores, subway stations, theaters, warehouses, water and sewage treatment plants (buildings only), etc.

(c) Projects involving the construction, alteration, or repair of single family individual dwelling units, houses, or apartment buildings of not more than four stories in height and consisting of not more than eight living units, are not subject to the prevailing wage rates.

(3) Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy construction.

(b) Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment (for road construction), fencing (highway), grade crossing elimination (overpasses or underpasses), guard rails on highways, highway signs, highway bridges (overpasses, underpasses, grade separation), medians, parking areas, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, surface courses, taxiways, trails, and utility rights-of-way, along with the staging yards located on or off the right-of-way.

(4) Heavy construction projects include, but are not limited to, those projects that are not properly classified as either "building construction" or "highway construction."

(b) Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor), fish hatcheries, flood control projects, industrial structures (other than buildings), industrial incinerators (other than buildings), irrigation projects, jetties, kilns, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings), pipelines, ponds, power plants and powerhouses (other than buildings), pumping stations (prefabricated drop-in units–not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc.), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings), and wells.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-413, 18-2-414, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; AMD, 2016 MAR p. 140, Eff. 12/25/15; AMD, 2017 MAR p. 93, Eff. 1/7/17.

Mont. Admin. R. 24.17.511 Commercial Supplier Defined

(1) As used in this chapter, the term "commercial supplier" means a person, firm or entity that regularly furnishes goods and supplies to the public or to a particular sector or industry. The term includes both retail and wholesale operations, but does not include a person, firm or entity that limits its sales or production output from any single source or place of operation for use solely in the performance of public works contracts.

(2) As used in this rule, the term "goods and supplies" means tangible items, materials or commodities that are produced or manufactured for use or incorporation in construction projects. The term includes both items that are produced or manufactured to a standard size, grade or dimension, as well as items that are specially manufactured or produced on a "to order" or "made to measure" basis.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-401, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Mont. Admin. R. 24.17.514 Commercial Suppliers Not Subject to Prevailing Wage Laws

(1) A commercial supplier of goods and supplies is not subject to Montana's prevailing wage laws unless that supplier acts as a construction contractor, subcontractor or employer on the public works contract by performing on-site labor.

(2) Employees of a commercial supplier who are engaged in the performance of services directly upon the job site must be paid the applicable prevailing wage rate for the classification of work performed.

(3) For the purposes of this rule, the term "construction work" means labor that is performed after the commercial supplier delivers the goods or supplies. The fact that a commercial supplier charges for delivery (based on distance from the commercial supplier's location to the job site) does not transform the delivery into "construction work".

(a) As an example, the dumping of gravel from a belly-dump trailer, even if the dumping is done in a long row, is considered to be part of the delivery of the gravel. However, if the driver of the delivery vehicle performs "shovel work" after the load is dumped, that "shovel work" is considered to be "construction work".

(b) As another example, ready-mixed concrete is delivered by a commercial supplier from the mixer truck to a particular location on the job site. The mixer truck operator is delivering the concrete when the operator directs the flow of concrete down the delivery chute that is attached to the mixer truck, even if that flow is directed into a form that has been assembled by others in place. Further movement or manipulation of the concrete, after it leaves the end of the delivery chute, such as distributing the concrete evenly in the form with a shovel or screeding the concrete, constitutes "construction work".

(c) As another example, a commercial supplier delivers road oil to a public works contract site in a tank truck. The transfer of the road oil from the tank truck to a storage tank or into a road oiler truck is considered to be delivery within the meaning of this rule. However, if the supplier's tank truck also sprays the road oil directly on the road surface, that spraying operation is considered to be "construction work" for which the prevailing rate of wages must be paid.

(d) As another example, a commercial supplier of cabinets is not engaging in "construction work" by delivering the cabinets to a particular location or locations in a building that is being constructed pursuant to a public works contract. However, any installation work done to attach the cabinets to the building, or work performed after the cabinets are attached to the building, constitutes "construction work" within the meaning of this rule.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-401, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Mont. Admin. R. 24.17.521 Classifying Employees for Construction Services

(1) All employers on public works contracts for construction services (including contractors and subcontractors) shall classify each employee who performs labor on a public works contract project according to the applicable standard prevailing rate of wages for such craft, classification or type of employee established by the commissioner, and shall pay each employee a rate of wages not less than the standard prevailing rate. In instances where an employee performs duties and tasks associated with other crafts for 30 minutes or less per day, the employee would still receive the appropriate rate of wages established for the employee's primary craft classification.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-402 and 18-2-403, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Mont. Admin. R. 24.17.526 Projects of a Mixed Nature

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-402, 18-2-403, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2016 MAR p. 140, Eff. 12/25/15.

Subchapter 24.17.6 Non-Construction Services

Mont. Admin. R. 24.17.614 "site of Work" for Non-Construction Services

(1) Unlike construction services, which by their very nature are performed at a specific site of work, many non-construction services can be performed at the place of business of the public contracting agency or at the place of the contractor. The fact that non-construction services are rendered at locations away from the place of business of the governmental entity does not change the requirement that the prevailing wage must be paid under the contract.

(2) As an example, school hot lunches under a food service contract could be prepared at the kitchen of a school where the food is being served, or the food could be prepared at the caterer's own kitchen and transported to the school. Regardless of where the food is being prepared, however, the employees must be paid the prevailing wage.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-402 and 18-2-403, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Mont. Admin. R. 24.17.621 Classifying Employees for Non-Construction Services

(1) All employers on public works contracts for non-construction services (including contractors and subcontractors) shall classify each employee who performs labor on a public works contract project according to the applicable standard prevailing rate of wages for such craft, classification or type of employee established by the commissioner, and shall pay each such employee a rate of wages not less than the standard prevailing rate.

(2) The prohibition against dividing projects so as to avoid payment of the prevailing wages, as provided in ARM 24.17.161, is also applicable to public works contracts involving non-construction services.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-401, 18-2-402 and 18-2-403, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Subchapter 24.17.8 Complaint Process

Mont. Admin. R. 24.17.814 Computation of Time Periods

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.817 Facsimile Filings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.821 Filing Complaints

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-201, 39-3-207, 39-3-209, 39-3-210, 39-3-211, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; AMD, 2014 MAR p. 3058, Eff. 1/2/15; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.822 Jurisdictional Review

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-201, 39-3-209, 39-3-210, 39-3-211, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.824 Requesting Party's Failure to Provide Information

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-201, 39-3-209, 39-3-210, 39-3-211, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.827 Employer Response to Complaint

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-423, 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 18-2-424, 39-3-201, 39-3-209, 39-3-210, 39-3-211, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.829 Department Review of Employer Records

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 18-2-424, 39-3-201 through 39-3-216, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.831 Determination

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-201 through 39-3-216, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.834 Request for Redetermination

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.837 Request for Formal Hearing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-216, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.838 Mandatory, Nonbinding Mediation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 39-3-216, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.841 Default Orders and Dismissals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-212, 39-3-216, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.844 Request for Relief If Mail Is Not Received

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.847 Appeal of Formal Hearing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 18-2-431, 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-216, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.17.851 Criteria to Determine Penalty and Cost Imposition

(1) The commissioner shall consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be assessed against a contractor, subcontractor, or employer found in violation of the terms of the public works contract and shall cite the circumstances the commissioner finds to be applicable:

(a) the actions of the contractor, subcontractor or employer in response to previous violations, if any, of statutes and rules;

(b) prior violations, if any, of statutes and rules;

(d) the magnitude and seriousness of the violation, including instances of aggravated or willful violation, or gross negligence; or

(e) whether the contractor, subcontractor or employer knew or should have known of the violation.

(2) It shall be the responsibility of the contractor, subcontractor or employer to provide the commissioner with evidence of any mitigating circumstances set out in (1) of this rule.

(3) In arriving at the actual amount of the penalty and costs, the commissioner shall consider the amount of the underpayment of wages, if any, in violation of any statute or rule.

(4) Notwithstanding any other section of this rule, the commissioner shall consider all mitigating circumstances presented by the contractor, subcontractor or employer for the purpose of reducing the amount of the civil penalty to be assessed.

History

Authorizing statute(s): 18-2-431 and 39-3-202, MCA
Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 18-2-432 and 39-3-207, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Subchapter 24.17.9 Entities Not Eligible For Public Works Contracts

Mont. Admin. R. 24.17.901 Contract Ineligibility/Debarment

(1) After notice and an opportunity to be heard, the commissioner, acting by and through the department, may determine that a contractor, subcontractor or employer is debarred or ineligible to receive public works contracts for a period of up to three years. A contractor, subcontractor or employer, regardless of entity form, will be determined to be ineligible if the employer aggravatedly, willfully, or with gross negligence violates the provisions of Title 18, chapter 2, MCA, including but not limited to, actions such as:

(a) failing or refusing to pay the prevailing rate of wages to employees employed on public works projects;

(b) failing to respond to inquiries from the department to supply necessary payroll information and generally failing to cooperate in the investigation of the prevailing wage investigation; or

(2) Before placing a contractor, subcontractor or employer on the ineligible debarment list, the commissioner shall serve a notice of intended action upon the contractor, subcontractor or employer in the same manner as service of a summons or by certified mail, return receipt requested. The notice will include:

(a) a reference to 18-2-432, MCA;

(b) a short and concise statement of the matter(s) constituting a violation of Title 18, chapter 2, MCA;

(c) a statement of the party's right to request a contested case hearing and to be represented by counsel at such hearing, provided that any such request must be received by the commissioner in writing within 20 days of service of the notice;

(d) a statement that the party's name will be published on a list of persons ineligible to receive public works contracts or subcontracts, unless the party requests a contested case hearing; and

(e) a statement that failure to make written request to the commissioner for a contested case hearing within the time specified constitutes a waiver of the right to a hearing.

(3) If a contractor, subcontractor or employer makes a timely request for a contested case hearing, a hearing will be held in accordance with the Montana Administrative Procedure Act.

(4) Upon the failure of the contractor, subcontractor or employer to request a contested case hearing within the time specified, the commissioner or the commissioner's designee shall enter an order supporting the ineligibility action.

(5) Debarment applies both to a firm and individuals. In the case of a firm, it may be applied against any or all businesses in which a firm has involvement (i.e., joint ventures), or over which it has ownership or control (i.e., subsidiaries). In the case of an individual, debarment may be applied to and enforced against any and all businesses in which the individual has any level of interest, ownership or control.

(6) If debarred by the federal government or any Montana government agency, a person may not bid on or otherwise participate in any public works project or contract in any capacity (prime contractor, subcontractor, supplier, etc.), including as a separate contractor, until after the completion of the entire debarment period, whether or not the department debars the individual. Debarment proceedings may continue even if the person ceases doing business during the proceedings.

(7) If an individual is debarred by any agency of the federal government for any period, the department may debar the individual for a period up to that set by the federal government without need for further debarment proceedings. The only evidence required in a debarment hearing in a case based on an existing debarment will be a certified copy of an order, agency letter, or other final action declaring the debarment in the other jurisdiction. Presence of a certified order does not preclude the individual from presenting evidence to dispute the proposed debarment or its length. If the individual is debarred by a branch or agency other than of the Montana or federal governments (i.e., another state, a county, etc.), or if the department may wish a debarment period exceeding that set by the other Montana agency or federal government, the department must hold debarment proceedings before increasing the debarment period.

(8) As used in this rule, the following definitions apply:

(a) "Aggravatedly" means circumstances that, in conjunction with an act or omission in violation of Title 18, chapter 2, MCA, serve to increase the magnitude, enormity or reprehensibleness of the offense, violation, injury or damage.

(b) "Debarment" is an action taken or decision made by an agency, other than temporary determinations of nonresponsibility or suspension, that excludes a person from bidding on or participating in public works projects and contracts.

(i) an ownership interest, whether directly or indirectly, of at least 20% of the entity; or

(ii) control over the entity, whether directly or indirectly applied, that is greater than any other single person or entity with an ownership interest.

(d) "Willfully" means that the act is done or omitted with a purpose or willingness to commit the act or make the omission. It does not require any intent to violate the law or to gain an advantage. The term has the same meaning as provided by 1-1-204, MCA.

(e) "Gross negligence" means an action involving negligence in excess of ordinary negligence.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-432, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; AMD, 2026 MAR, Notice No. 2025-395, Eff. 3/7/26.

Mont. Admin. R. 24.17.906 List of Ineligibles

(1) The department will publish a list of persons and entities that are ineligible to work on public works projects. The list will specify the dates of ineligibility. The list is public information and is available upon request from the department. The department will update the list as needed.

(2) The list will contain the name of ineligible employers and the names of any firms, corporations, partnerships or associations in which the employer or its owner(s) have a substantial financial interest. Those names will remain on the list for a period of three years from the date such names were first published on the list. The three year period of ineligibility will begin when the decision of the commissioner regarding ineligibility becomes final and no further appeals can be taken.

(3) An employer who desires to be removed from the list before the expiration of three years must show good cause for such removal. Such persons may petition the commissioner at any time during the period of ineligibility. The decision whether good cause exists to remove the employer from the list before the three year period expires rests in the sound discretion of the commissioner. In reviewing such petitions to determine if good cause exists, the commissioner shall consider the following matters:

(a) the history of the petitioner in taking all necessary measures to prevent or correct violations of statutes or rules;

(b) prior violations, if any, of statutes or rules;

(d) other matters which indicate to the commissioner that the petitioner is not likely to violate these rules in the future.

History

Authorizing statute(s): 18-2-431, MCA
Implementing statute(s): 18-2-432, MCA
History: NEW, 2002 MAR p. 2446, Eff. 9/13/02.

Chapter 24.19 Private Employment Agencies (transferred to Commerce, Title 8)

Subchapter 24.19.5 Refunds

Mont. Admin. R. 24.19.503 Termination After Thirty Days

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 39-5-103, MCA
Implementing statute(s): 39-5-309 and 39-5-311, et. seq. , MCA
History: NEW, 1978 MAR p. 1623, Eff. 12/15/78; REP, 1981 MAR p. 919, Eff. 10/30/81; TRANSFERRED, to Dept. of Commerce, Ch. 483, L. 1987, Eff. 7/1/87.

Chapter 24.21 Apprenticeship

Subchapter 24.21.1 Definitions

Mont. Admin. R. 24.21.101 Functions of the Apprenticeship Bureau

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-6-101(2)(b), MCA
Implementing statute(s): 39-6-101, MCA
History: NEW, Eff. 12/31/72; REP, 2010 MAR p. 2962, Eff. 12/24/10.

Mont. Admin. R. 24.21.102 Definitions

As used in this subchapter, the following definitions apply:

(1) "Apprenticeship agreement" has the meaning provided for by 39-6-105, MCA.

(2) "Apprenticeship articulation agreement" means an agreement between a pre-apprenticeship program and a registered apprenticeship program that defines the steps required for a pre-apprenticeship program participant to enter a registered apprenticeship program.

(3) "Department" means the Montana Department of Labor and Industry, as provided for by 2-15-1701, MCA. The department is the state apprenticeship agency.

(4) "Pre-apprenticeship" means a department-recognized workforce training program endorsed by one or more registered apprenticeship sponsors that focuses on educating and training program participants to achieve at least minimum qualifications for entry into registered apprenticeship programs upon completion.

(5) "Registered apprentice" means an individual whose apprenticeship agreement has been officially recognized and registered with the department.

(6) "State apprenticeship advisory council" means the advisory body designated by the department pursuant to ARM 24.21.205. The term "State Apprenticeship Council" as defined by 29 CFR 29.2 shall be interpreted to refer to the same body.

(7) "State apprenticeship and training program" means the organizational unit of the department described in ARM 24.21.202.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, 39-6-105, MCA
History: NEW, 2010 MAR p. 2962, Eff. 12/24/10; AMD, 2020 MAR p. 2419, Eff. 12/25/20; AMD, 2021 MAR p. 1547, Eff. 11/6/21.

Subchapter 24.21.2 Program Functions

Mont. Admin. R. 24.21.201 Rules of the Bureau (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-6-101(2)(b), MCA
Implementing statute(s): 39-6-101, MCA
History: NEW, Eff. 12/31/72; REP, 2010 MAR p. 2962, Eff. 12/24/10.

Mont. Admin. R. 24.21.202 State Apprenticeship and Training Program

(1) There exists with the department's workforce services division an office which operates the state's apprenticeship and training program. The office functions as Montana's state apprenticeship agency and state office for apprenticeship, as those terms are used within 29 CFR part 29, subpart A. The office is organized as the apprenticeship and training program within the 21st century workforce technology, apprenticeship, and training bureau of the workforce services division of the department.

(2) The state apprenticeship and training program is responsible for:

(a) the approval of apprenticeship standards;

(b) the adoption of apprentice wage rates pursuant to 39-6-108, MCA;

(d) the registration of individual apprentices;

(e) maintaining records related to apprentice's progress and completion;

(f) providing technical assistance to sponsors;

(g) monitoring and evaluating apprentice and sponsor performance with respect to an apprenticeship program, including:

(i) requiring corrective actions when appropriate; or

(ii) terminating or cancelling an apprenticeship agreement;

(h) issuing completion certificates to apprentices as appropriate; and

(i) otherwise administering the state apprenticeship and training program, including promoting the use of apprenticeship as a means of workforce training.

(3) The state apprenticeship and training program uses the state apprenticeship advisory council established in ARM 24.21.205 in an advisory and consultative role regarding matters of interest to the program and the apprenticeship community. The apprenticeship and training program uses the state apprenticeship advisory council as an additional means of fostering dialogue and communication between the program and sponsors, apprentices, employers, industry, and educators.

(4) The state apprenticeship and training program's main office is located at the Walt Sullivan Building, 1315 Lockey Avenue, Helena, Montana, 59601.

(a) The office mailing address is P.O. Box 1728, Helena, MT 59624-1728.

(b) The office telephone numbers are:

(i) for voice calls, (406) 444-3998;

(ii) for fax transmissions, (406) 444-3037; and

(iii) for TDD/TTY calls, (406) 444-0532.

(d) The state apprenticeship and training program operates various web sites, including:

(i) http://apprenticeship.mt.gov/ ; and

(ii) https://montanaworks.gov/ .

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, MCA
History: NEW, 2010 MAR p. 2962, Eff 12/24/10; AMD, 2019 MAR p. 1381, Eff. 8/24/19; AMD, 2020 MAR p. 2419, Eff. 12/25/20.

Mont. Admin. R. 24.21.205 State Apprenticeship Advisory Council to Be Established

(1) The department shall establish on a continuing basis a state apprenticeship advisory council pursuant to the provisions of 29 CFR part 29, and in accordance with 2-15-122, MCA. The state apprenticeship advisory council is a state apprenticeship council, operating as an advisory body, within the definitions contained in 29 CFR section 29.2.

(2) Members of the state apprenticeship advisory council are appointed by the commissioner of labor and industry.

(3) The commissioner shall appoint members of the state apprenticeship advisory council that, to the greatest extent feasible:

(a) equitably reflect the geographic and social diversity of apprenticeship within the state; and

(b) equitably reflect the balance between apprentice sponsors whose members are affiliated with labor organizations and those whose members are not signatories to collective bargaining agreements.

(4) The council consists of at least 7, but not more than 25, appointed, voting members. The members must be familiar with apprenticeable occupations.

(a) The council must have an equal number of representatives of employer and employee organizations.

(b) At least one member of the council must be a public member who is not directly affiliated with an employer, a sponsor, or a labor organization. The total number of public members may not exceed the number of members who serve as a representative of an employee or an employer organization.

(d) The department may designate appropriate individuals, such as department employees, to provide support functions for the council as needed. Such individuals are not voting members of the council, but may be given a voice at council meetings at the discretion of the council's presiding officer.

(5) Meetings of the state apprenticeship advisory council are open, public meetings within the meaning of Title 2, chapter 3, part 2, MCA.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 2-3-203, 2-15-122, 39-6-101, MCA
History: NEW, 2010 MAR p. 2962, Eff. 12/24/10.

Subchapter 24.21.3 Records

Mont. Admin. R. 24.21.301 Records of the Bureau

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-6-101(2)(b), MCA
Implementing statute(s): 39-6-101, MCA
History: NEW, Eff. 12/31/72; REP, 2010 MAR p. 2962, Eff. 12/24/10.

Mont. Admin. R. 24.21.302 Federal Regulations Incorporated by Reference

(1) The department adopts and incorporates by reference the following federal regulations for use in the operation of its state apprenticeship and training program:

(a) 29 CFR section 29.2, definitions, as in effect on May 11, 2020. The department expressly excludes from this adoption the definitions of "apprentice," "apprenticeship agreement," and "department";

(b) 29 CFR section 29.3, eligibility and criteria for registration of an apprenticeship program, as in effect on May 11, 2020;

(d) 29 CFR section 29.5, standards of apprenticeship, as in effect on January 18, 2017;

(e) 29 CFR section 29.6, program performance standards, as in effect on May 11, 2020;

(f) 29 CFR section 29.7, apprenticeship agreement, as in effect on January 18, 2017;

(g) 29 CFR section 29.8, deregistration of a registered program, as in effect on January 18, 2017;

(h) 29 CFR section 29.9, reinstatement of program registration, as in effect on October 29, 2008;

(i) 29 CFR section 29.10, hearings for deregistration, as in effect on July 1, 2010, except that the appellate provisions of 29 CFR section 29.10(c) will not apply to the extent they are in conflict with the judicial review provisions of the Montana Administrative Procedure Act (Title 2, chapter 4, part 7, MCA);

(j) 29 CFR section 29.11, limitations, as in effect on May 11, 2020;

(k) 29 CFR section 29.13, recognition of state apprenticeship agencies, as in effect on May 11, 2020; and

(l) 29 CFR part 30, equal employment opportunity in apprenticeship and training, as in effect on January 18, 2017.

(2) The department is not formally adopting by reference the various other portions of 29 CFR part 29 because those portions either address matters related to the internal operations of government or are otherwise addressed by the administrative rules contained in this subchapter. As an example, the provisions of 29 CFR 29.12 regarding complaint procedures, are addressed in ARM 24.21.416, and more generally under the Montana Administrative Procedure Act.

(3) Copies of the regulations incorporated by reference are available as follows:

(a) A printed copy of the regulations incorporated by reference is available for inspection and purchase at cost from the department and the U.S. Government printing office. The address for the department is listed in ARM 24.21.202. The address of the U.S. Government printing office is: U.S. Government Bookstore, 710 North Capitol Street N.W., Washington, D.C.

(b) An electronic copy of the regulations incorporated by reference is available via the internet by following the links at the following web sites:

(i) http://apprenticeship.mt.gov/ (Montana Department of Labor and Industry web site); or

(ii) https://www.ecfr.gov/cgi-bin/text-idx?SID=aa3a46a8d66797945403b9672a8ba62a&mc=true&tpl= /ecfrbrowse/Title29/29cfr29_main_02.tpl (National Archives and Records Administration web site).

History

Authorizing statute(s): 2-4-201, 39-6-101, MCA
Implementing statute(s): 2-4-201, 39-6-101, MCA
History: NEW, 2010 MAR p. 2962, Eff. 12/24/10; AMD, 2019 MAR p. 1381, Eff. 8/24/19; AMD, 2020 MAR p. 2419, Eff. 12/25/20.

Subchapter 24.21.4 Apprenticeship Standards

Mont. Admin. R. 24.21.401 Registration Policy and Procedures

(1) In order that a standard of training be maintained and upheld for all apprenticeable occupations, before approval and registration will be granted to a program sponsor all provisions of the apprenticeship program must either meet or exceed those recognized in the immediate geographical or state wide area where applicable. These provisions apply to all those listed in ARM 24.21.411 Minimum Guidelines for Registration of Apprenticeship Programs, including wages.

(2) The department will also apply the provisions of 29 CFR part 29 that are incorporated by reference in ARM 24.21.302 to determine whether a particular apprenticeship program will be approved and registered. A new apprenticeship program proposed for registration is subject to the provisional registration provisions of 29 CFR section 29.3, as adopted by the department in ARM 24.21.302.

(3) Apprenticeship programs and standards of employers and unions which jointly form a sponsoring entity on a multi-state basis and are registered pursuant to all requirements of Title 29 Code of Federal Regulations, Part 29 as in effect on July 1, 2010, by any registration agency shall be accorded approval reciprocity by the state apprenticeship and training program, if such reciprocity is requested by the sponsoring entity. An apprenticeship program must comply with Montana's statutes and administrative rules, including but not limited to:

(a) the applicable ratio requirements; and

(b) the apprenticeship wage rates established pursuant to 39-6-108, MCA.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, 39-6-108, MCA
History: NEW, Eff. 12/31/72; AMD, 1979 MAR p. 1118, Eff. 9/28/79; AMD, 2010 MAR p. 2962, Eff. 12/24/10.

Mont. Admin. R. 24.21.405 Performance Evaluations – Withdrawal of Registration

(1) The state apprenticeship and training program shall conduct periodic performance evaluations, as provided for by 29 CFR section 29.6 as adopted by the department in ARM 24.21.302, for each apprenticeship program operating in Montana.

(2) The state apprenticeship and training program may withdraw the registration of an apprenticeship program ("deregister the apprenticeship program") if the apprenticeship program does not comply with the requirements of the applicable statutes or administrative rules. Registration may not be withdrawn before the program sponsor is afforded notice and an opportunity to be heard.

(3) Notice and an opportunity to be heard will be afforded pursuant to the provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA, and in accordance with the hearings provisions of ARM 24.21.416.

(4) For good cause shown, a person directly affected by a proposed withdrawal of registration of an apprenticeship program may intervene in a proceeding provided for by (3).

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, MCA
History: NEW, 2010 MAR p. 2962, Eff. 12/24/10.

Mont. Admin. R. 24.21.411 Minimum Guidelines for Registration of Programs

(1) Programs submitted for approval and/or registration by the apprenticeship and training program (registration agency) , Department of Labor and Industry, must contain the following:

(a) Provision that the starting age of an apprentice may not be less than 16.

(b) Statement of basic qualifications for apprenticeship: specific and applying equally to all applicants.

(c) Provision for compliance with 29 CFR part 30, which includes the Montana state plan for equal employment opportunity in apprenticeship.

(d) Provision that the term of apprenticeship is consistent with industry practice, but in no case less than 2,000 hours of reasonably continuous employment, which must include supplementary instruction except as otherwise provided by Montana state law.

(e) A schedule of work processes in which the apprentice will receive work experience and training on the job, and the allocation of the approximate amount of time to be spent in each major process or division of the trade.

(f) Provision for proper supervision of on-the-job training.

(g) A progressively increasing schedule of wages for apprentices. The entry wage must equal or exceed the Montana Minimum Wage Law or Fair Labor Standards Act minimum where applicable.

(h) Provision for the payment of wages that are consistent with the requirements of 39-6-108 , MCA, if the apprenticeship is in a building construction occupation.

(i) Provision for organized related and supplemental instruction. This may include supervised correspondence or self-study courses as approved by state law. A minimum of 144 hours each year of apprenticeship is recommended.

(j) A statement of the ratio of apprentices to journeymen. The registration agency will continue to honor and recognize ratio provisions as established in existing labor/management bargaining agreements or as established by an industry practice. The registration agency may waive ratio standards for apprenticeship sponsors who can demonstrate the need for a waiver due to labor shortages or other reasons deemed sufficient by the registration agency.

(k) Provision for periodic evaluation of the apprentice's progress, both in job performance and related instruction; and the maintenance of appropriate progress records.

(l) Provision for evaluation of and granting credit for previous experience.

(m) Provision for safety training for apprentices, both on the job and in related instruction.

(n) Provision that apprentices will be under a written agreement with their employer, or with an employers association, or a joint apprenticeship committee pursuant to state apprenticeship laws and regulations.

(o) Identification of the registration agency by whom apprentices, apprenticeship programs and subsequent amendments thereto will be approved and recorded.

(p) Provisions for notifying the registration agency of all actions affecting apprenticeship, such as new hires, completions, suspensions, and cancellations.

(q) Provision for employer-employee cooperation where a bargaining agreement exists, except where no participation has been evidenced or practiced by the bargaining agent. Where there is employer and employee participation it may be demonstrated by one or more of the following:

(i) Appropriate provisions in the bargaining agreement.

(ii) Signature to the standards.

(iii) Letter from each indicating agreement to the programs.

(iv) Establishment of a joint apprenticeship committee.

(r) Provision for recognition of successful completion. Recognition is acknowledged by a Certificate of Completion of Apprenticeship.

(s) Provision addressing the sponsor's responsibility to the apprentice and the public regarding safety, training quality and ensuring acceptable practices performed by the apprentice.

(2) The standards must conform to the requirements of 29 CFR section 29.5, as adopted by the department in ARM 24.21.302.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-106, MCA
History: NEW, Eff. 12/31/72; AMD, 1979 MAR p. 1118, Eff. 9/28/79; AMD, 1995 MAR p. 1418, Eff. 8/1/95; AMD, 2002 MAR p. 2453, Eff. 9/13/02; AMD, 2006 MAR p. 2658, Eff. 10/27/06; AMD, 2010 MAR p. 2962, Eff. 12/24/10.

Mont. Admin. R. 24.21.412 Guidelines for Hiring of Additional Apprentices

(1) An apprenticeship sponsor shall make reasonable efforts to encourage apprentices to complete the apprenticeship program.

(2) Before an apprenticeship sponsor may indenture a new apprentice, the sponsor shall offer to rehire any apprentice that had worked for the sponsor, but had been laid off or terminated without good cause.

(a) The registration agency may reject apprenticeship agreements submitted by apprenticeship sponsors who fail to provide proof of having offered to rehire apprentices that were laid off or terminated without good cause.

(b) An apprenticeship sponsor may demonstrate it had good cause for not rehiring a former apprentice. Good cause for not rehiring includes, but is not limited to:

(i) an offer of rehiring that is rejected by the former apprentice, if such offer is reasonable;

(ii) the former apprentice is unavailable for work within a reasonable period of time as determined by the circumstances or the rehiring; or

(iii) the former apprentice cannot be located after a diligent search by the apprenticeship sponsor.

(i) the sponsor's inability to pay the former apprentice at the level which is appropriate for the training and education completed by that apprentice;

(ii) the rejection by the former apprentice of an offer for rehiring that is short term or of limited duration which is not reasonably calculated to provide employment for the former apprentice through the remainder of the apprenticeship program;

(iii) the rejection by the former apprentice of an offer for rehiring having conditions that require violation of the terms of the apprenticeship agreement and/or apprenticeship standards; or

(iv) the rejection by the former apprentice of an offer for rehiring which imposes conditions that require an apprentice to knowingly assist or participate in illegal activity.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, MCA
History: NEW, 1995 MAR p. 1418, Eff. 8/1/95.

Mont. Admin. R. 24.21.414 Wage Rates to Be Paid in Building Construction Occupations

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, 39-6-106, MCA
History: NEW, 1995 MAR p. 1418, Eff. 8/1/95; AMD, 1995 MAR p. 2812, Eff. 1/1/96; AMD, 2000 MAR p. 1647, Eff. 7/1/00; AMD, 2002 MAR p. 2655, Eff. 9/27/02; AMD, 2004 MAR p. 1785, Eff. 8/6/04; REP, 2006 MAR p. 2658, Eff. 10/26/06.

Mont. Admin. R. 24.21.415 Ratio Waiver Process

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, 39-6-106, MCA
History: NEW, 2002 MAR p. 2453, Eff. 9/13/02; AMD, 2015 MAR p. 374, Eff. 4/17/15; REP, 2022 MAR p. 154, Eff. 1/29/22.

Mont. Admin. R. 24.21.416 Complaint Process--Appeal

(1) A dispute or complaint involving an apprenticeship agreement subject to the jurisdiction of the apprenticeship and training program (registration agency) may be filed with the Apprenticeship and Training Program, Department of Labor and Industry, P.O. Box 1728, Helena, MT 59624-1728, telephone (406) 444-3998, or fax to (406) 444-3037. This complaint process does not affect existing complaint procedures recognized in registered apprenticeship standards.

(2) Upon receipt of a complaint, or discovery of a possible violation of an apprenticeship agreement or standard, the registration agency shall:

(a) screen the complaint or possible violation for proper jurisdiction;

(b) attempt to resolve the dispute informally at the earliest opportunity and if a complaint cannot be resolved, the registration agency, program sponsor, the complainant or a representative of the complainant must formally file a signed written complaint with the registration agency within 30 business days of the alleged violation;

(c) provide notice within ten business days of receipt of a complaint or possible violation to the program participant against whom a complaint or possible violation is directed;

(d) solicit a response to the complaint or possible violation from the program participant against whom the complaint or possible violation is directed;

(e) complete the investigation within 30 business days after the signed written complaint is filed, unless all parties to the complaint request a reasonable extension of the time for completion of the investigation; and

(f) within 15 business days of the completion of the investigation, issue to all parties to a complaint a written determination regarding the merits of the complaint or violation and include an appropriate remedy.

(3) Program participants are considered to be in "good standing" and in compliance with their registered apprenticeship standards during an investigation process unless a participant is determined or proven to be:

(a) noncompliant with state or federal laws, rules or regulations governing the employment of an apprentice in work performed pursuant to a Montana apprenticeship agreement; or

(b) noncooperative in providing the program with requested information directly related to an investigation of a complaint.

(4) A party dissatisfied with a determination issued pursuant to (2) may request a redetermination from the registration agency within 20 business days of the mailing of the determination.

(5) A party dissatisfied with a re-determination may request a contested case hearing by filing an appeal within 20 calendar days following the mailing of the redetermination. A contested case hearing must be conducted in accordance with the procedures set forth in 2-4-601 , MCA.

(6) A party dissatisfied with the final agency decision issued following a contested case hearing may seek judicial review within 30 calendar days after service of the final agency decision as set forth in 2-4-701 , MCA, et seq.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, 39-6-102, MCA
History: NEW, 2002 MAR p. 2453, Eff. 9/13/02.

Mont. Admin. R. 24.21.421 Equal Employment Opportunity

(1) 29 CFR part 30 is a federal regulation which was implemented by the Apprenticeship Bureau to retain federal recognition as the apprenticeship regulatory agency. The Apprenticeship Bureau has drawn up a state plan entitled "Equal Employment in Apprenticeship." Copies of the final approved state plan, effective January 2020, are available and can be accessed electronically at apprenticeship.mt.gov . The text of the plan is omitted because it is cumbersome and inexpedient. Printed copies are available at no cost and may be obtained at the Apprenticeship Bureau office.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, 39-6-105, MCA
History: NEW, Eff. 12/31/72; AMD, 2010 MAR p. 2962, Eff. 12/24/10; AMD, 2019 MAR p. 1381, Eff. 8/24/19; AMD, 2020 MAR p. 2419, Eff. 12/25/20.

Mont. Admin. R. 24.21.425 Approval for Apprenticeship Program When Employer Is Participant in Collective Bargaining Agreement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, MCA
History: NEW, 2006 MAR p. 2658, Eff. 10/27/06; REP, 2010 MAR p. 2962, Eff. 12/24/10.

Mont. Admin. R. 24.21.431 Interim Credentials

(1) The state apprenticeship and training program shall award interim credentials to apprentices who demonstrate the appropriate competencies, when requested to do so by program sponsors, as provided by 29 CFR section 29.5, as adopted by the department in 24.21.302.

(2) The state apprenticeship and training program will work with interested program sponsors to develop appropriate benchmarks and competency testing that will apply to the sponsor's apprenticeship program.

(3) Competency testing will not be recognized for a given apprentice until the benchmarks and testing protocols are incorporated into the apprenticeship program's standards.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, MCA
History: NEW, 2010 MAR p. 2962, Eff. 12/24/10.

Subchapter 24.21.7 Employer Apprenticeship Tax Credit

Mont. Admin. R. 24.21.701 Employer Apprenticeship Tax Credit

(1) An employer may submit an application to the department to claim the apprenticeship tax credit after an apprentice has completed the state apprenticeship and training program's probationary period or after the apprentice has worked for six months, whichever is earlier. An application must be for an active apprentice registered with the state apprenticeship and training program.

(2) The department may approve the credit for an apprentice for a total of up to five years, upon verification by the state apprenticeship and training program that the apprentice has timely progressed towards completion of the requirements called for in the apprenticeship agreement.

(3) If an apprentice works for more than one employer in a calendar year, the primary employer will be approved for the credit. A primary employer is the employer who has provided at least 51 percent of the registered program's training hours for that apprentice or has paid the majority of wages to the apprentice during their apprenticeship period.

(4) Any employer claiming the tax credit for a veteran apprentice shall obtain and keep a record of documentary proof that the apprentice is a veteran. The employer is responsible for obtaining that proof. The employer shall represent to the department whether an apprentice is a veteran for purposes of applying for the credit.

(5) The department will issue letters of approval or denial of the tax credit to the employer in the month of December. The department will forward a list of all approved credits to the Department of Revenue, including information on which employers are entitled to a credit for employment of a veteran.

History

Authorizing statute(s): 39-6-101, 39-6-109, MCA
Implementing statute(s): 39-6-109, MCA
History: NEW, 2018 MAR p. 639, Eff. 3/31/18.

Subchapter 24.21.10 On the Job Training

Mont. Admin. R. 24.21.1001 On Job Training Registration Policy

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, MCA
History: NEW, Eff. 12/31/72; REP, 2015 MAR p. 1056, Eff. 7/31/15.

Mont. Admin. R. 24.21.1002 Supervision Required

(1) A qualified journeyworker or master must supervise the work of an apprentice in the proper ratio prescribed in the registered standard. Supervision means the following:

(a) A journeyworker or master must be assigned to the job site and be able to give direction and check the work of the apprentice except during absences as required in the scope of business and otherwise provided in this chapter.

(2) Except as otherwise provided in this chapter, an apprentice may not work without the supervision of a journeyworker or master while engaging in an activity covered by the apprenticeship agreement or registered apprenticeship standards of the sponsor.

(3) Sponsors employing apprentices in occupations that require a residential focus may work an apprentice in areas of experience with limited supervision based on prior performance and a demonstration of competency.

(4) An apprentice who has completed no less than 70 percent of the apprentice's required term and is completely current with related instruction may work with limited supervision. The apprentice's work must be physically examined on a daily basis by a journeyworker or master for correctness.

(5) During the last 20 percent of the apprenticeship term, an apprentice who is completely current with required related instruction may work without supervision, provided that the apprentice's work will be physically examined weekly by a journeyworker or master, and provided that the apprentice's prior performance demonstrates sufficient competence to perform the work.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, 39-6-106, MCA
History: NEW, 2002 MAR p. 2453, Eff. 9/13/02.

Mont. Admin. R. 24.21.1003 Apprentice-to-Journeyman Ratio

(1) The apprentice-to-journeyman ratio may not exceed two apprentices supervised by one journeyman.

(2) An apprentice that has completed 60 percent or more of the on-the-job training hours and 60 percent or more of the related instruction in an apprenticeship program is not counted for purposes of the apprentice-to-journeyman ratio provided for in (1).

(3) The apprentice-to-journeyman ratio applies to individual work sites as well as the entire firm or operation of the registered apprenticeship sponsor.

(4) In order to prevent abuse of the apprentice-to-journeyman ratio, the department will monitor the progress toward completion of all apprentices who have reached the 60 percent completion criteria provided for in (2).

(a) An apprentice that does not, without good cause, maintain significant progress towards completion of the apprenticeship will be suspended from the apprenticeship program. Not maintaining significant progress, for the purpose of this rule, means that the apprentice's number of hours of related instruction and number of hours of experience are less than 90 percent of the number of hours provided for in the apprenticeship standards, relative to the amount of time the apprentice has been working. An apprentice that is notified by the department of insufficient progress has 60 days in which to catch up to the number of hours of related instruction and work experience before being suspended.

(b) An apprenticeship sponsor who fails, without good cause, to have at least a 60 percent rate of apprentices that timely complete the apprenticeship will be subject to restrictions on the sponsor indenturing new apprentices, and may be subject to deregistration as an apprenticeship sponsor.

(c) As a general practice, the apprentice-to-journeyman ratio may not ordinarily be more than one apprentice to one journeyman, notwithstanding the provisions of (2). A ratio of more than one-to-one may be allowed in the special case of a shop with a single working master with no journeyman employees, or in the event of a separation from employment by a journeyman employee that temporarily creates a more than one-to-one ratio.

(d) An apprentice who is aggrieved by a suspension, or a sponsor who is aggrieved by a restriction or deregistration may request in writing a contested case within 30 days of the department's action of suspension, restriction, or deregistration.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-102, 39-6-106, MCA
History: NEW, 2002 MAR p. 2453, Eff. 9/13/02; AMD, 2015 MAR p. 374, Eff. 4/17/15; AMD, 2015 MAR p. 754, Eff. 6/12/15; AMD, 2022 MAR p. 154, Eff. 1/29/22.

Mont. Admin. R. 24.21.1011 Minimum Guidelines for Programs

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, MCA
History: NEW, Eff. 12/31/72; REP, 2015 MAR p. 1056, Eff. 7/31/15.

Subchapter 24.21.12 Pre-Apprenticeship Program Recognition

Mont. Admin. R. 24.21.1201 Pre-Apprenticeship Program Recognition Application

(1) A workforce training program may submit written materials to the department for recognition as a pre-apprenticeship program. Materials may be mailed to the Montana Registered Apprenticeship Program, P.O. Box 1728, Helena, Montana 59624; or e-mailed to Apprenticeship@mt.gov. The materials must include:

(a) a completed application available from the department's web site at apprenticeship.mt.gov ;

(b) details of the workforce training program, including required classes, training, hour and/or credit requirements, and estimated time required to complete the program;

(c) a description of the workforce training program's coordination with an existing registered apprenticeship program(s); and

(d) a description of how the workforce training program will prepare participants to enter an existing registered apprenticeship program.

(2) The department shall evaluate completed requests for recognition as they are received.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, 39-6-103, 39-6-106, MCA
History: NEW, 2021 MAR p. 1547, Eff. 11/6/21.

Mont. Admin. R. 24.21.1203 Pre-Apprenticeship Program Application Evaluation

(1) The department shall evaluate each workforce training program on a case-by-case basis due to the wide variety of occupations involved in the department's registered apprenticeship program. The department may consider any relevant information when reviewing the program's recognition application.

(2) In addition to the application requirements in ARM 24.21.1201, the department may consider the following, as appropriate, when evaluating a workforce training program for recognition:

(a) the incorporation of safety training in all aspects of the program;

(b) the incorporation of interpersonal or "soft skills";

(c) the incorporation of traditional education concepts, such as reading, writing, and basic math, as those skills apply to the apprenticeship program; and

(d) the participant engagement strategy, specifically including how the program will work to recruit and retain participants from underrepresented populations including, but not limited to, women, minorities, veterans, justice-connected individuals, at-risk youth, and individuals with disabilities.

(3) The department shall provide the workforce training program with written notice if they are approved for recognition.

(4) If a program is not approved for recognition, the department shall provide a written explanation to the program explaining why the program was not approved for recognition. The program may reapply for recognition three months after the department serves the written explanation of why the program was not approved for recognition.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, 39-6-103, 39-6-106, MCA
History: NEW, 2021 MAR p. 1547, Eff. 11/6/21.

Mont. Admin. R. 24.21.1207 Program Recognition and Apprenticeship Articulation Agreement

(1) When a workforce training program is approved for recognition by the department, the program may enter into an apprenticeship articulation agreement with a department-approved registered apprenticeship.

(a) The apprenticeship articulation agreement must include the following:

(i) be signed by representatives of both the workforce training program and the registered apprenticeship's sponsor employer;

(ii) clearly define the requirements for the pre-apprenticeship program; and

(iii) clearly define the effective dates of the agreement, not to exceed three years; and

(b) An apprenticeship articulation agreement may allow, but is not required to allow, participants who successfully complete the pre-apprenticeship program to have direct-entry options or application preference into the corresponding registered apprenticeship.

(2) A copy of the signed apprenticeship articulation agreement must be filed with the department. When a completed apprenticeship articulation agreement is filed with the department:

(a) the department shall list recognized pre-apprenticeship programs on the department's registered apprenticeship web site;

(b) parties to an apprenticeship articulation agreement shall submit a participant progress report on an annual basis on forms provided by the department; and

(c) the sponsor employer may employ one pre-apprentice, who shall not be counted towards the traditional apprentice ratio under ARM 24.21.1003, for a period of not more than 100 days from January 1 through December 31 of a single calendar year.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, 39-6-103, 39-6-106, MCA
History: NEW, 2021 MAR p. 1547, Eff. 11/6/21.

Mont. Admin. R. 24.21.1209 Reapplication and Discontinuing Recognition

(1) A workforce training program that is approved for recognition may reapply for continued recognition at the end of the term of the apprenticeship articulation agreement on forms provided by the department. The reapplication shall include the number of participants who have completed the program, the number of participants currently enrolled in the program, any updates to the program, and curriculum.

(2) The department reserves the right to discontinue recognition under this rule of any workforce training program upon request of the program, or if the department determines that the program is not operating in a manner consistent with the program's application or any applicable law. The department shall consider evidence of a program not complying with the application or applicable law to be a dispute pursuant to ARM 24.21.416(1), and the department shall follow the procedure of ARM 24.21.416 and the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA.

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, 39-6-103, 39-6-106, MCA
History: NEW, 2021 MAR p. 1547, Eff. 11/6/21.

Subchapter 24.21.15 Veterans Approval

Mont. Admin. R. 24.21.1501 Veterans Approval

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-6-101, MCA
Implementing statute(s): 39-6-101, MCA
History: NEW, Eff. 12/31/72; REP, 2015 MAR p. 1056, Eff. 7/31/15.

Chapter 24.22 Workforce Development

Subchapter 24.22.3 Incumbent Worker Training Program

Mont. Admin. R. 24.22.301 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1215, 53-2-1216, MCA
History: NEW, 2010 MAR p. 913, Eff. 4/16/10; AMD, 2014 MAR p. 852, Eff. 4/25/14; REP, 2017 MAR p. 2433, Eff. 1/1/18.

Mont. Admin. R. 24.22.304 Recognition of a Bear Program

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1216, MCA
History: NEW, 2010 MAR p. 913, Eff. 4/16/10; REP, 2017 MAR p. 2433, Eff. 1/1/18.

Mont. Admin. R. 24.22.307 General Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1217, 53-2-1218, MCA
History: NEW, 2010 MAR p. 913, Eff. 4/16/10; AMD, 2014 MAR p. 852, Eff. 4/25/14; REP, 2017 MAR p. 2433, Eff. 1/1/18.

Mont. Admin. R. 24.22.311 Grant Application Procedures

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1217, 53-2-1218, MCA
History: NEW, 2010 MAR p. 913, Eff. 4/16/10; AMD, 2014 MAR p. 852, Eff. 4/25/14; REP, 2017 MAR p. 2433, Eff. 1/1/18.

Mont. Admin. R. 24.22.316 Evaluation Criteria and Limitations

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1217, 53-2-1218, MCA
History: NEW, 2010 MAR p. 913, Eff. 4/16/10; AMD, 2014 MAR p. 852, Eff. 4/25/14; REP, 2017 MAR p. 2433, Eff. 1/1/18.

Mont. Admin. R. 24.22.321 Appeal Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 53-2-1220, MCA
Implementing statute(s): 2-4-201, 53-2-1218, MCA
History: NEW, 2010 MAR p. 913, Eff. 4/16/10; AMD, 2014 MAR p. 852, Eff. 4/25/14; REP, 2017 MAR p. 2433, Eff. 1/1/18.

Mont. Admin. R. 24.22.322 Definitions

For the purposes of this subchapter, the following definitions apply:

(1) "Conference" means a meeting, seminar, discussion, or other similar event where the principal presentation, in the format of a lecture or similar presentation, is the primary purpose, and participation by attendees is a secondary purpose.

(2) "Credential" means a nationally recognized degree or certification or state-recognized credential. Credentials include, but are not limited to post-secondary degrees/certificates, recognized skill standards, licensure or industry-recognized certificates (i.e., ASE car repair, Hazmat, CAN, CDL, Boiler Operator, Flag Person, Heavy Equipment Operator, etc.), and all state education agency recognized credentials.

(3) "Predominately year-round job" means a position that provides work in at least 11 months of a 12-month period.

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1217, 53-2-1218, MCA
History: NEW, 2017 MAR p. 2433, Eff. 1/1/18; AMD, 2022 MAR p. 1074, Eff. 7/1/22.

Mont. Admin. R. 24.22.327 General Requirements Regarding Training

(1) In order to qualify for reimbursement, training must:

(a) be provided by an eligible training provider; and

(b) consist of:

(i) skills-based training that meets the criteria contained in (4);

(ii) certified training that meets the criteria contained in (5); or

(iii) online training that meets the criteria contained in (6).

(2) A training provider is eligible to provide training if the trainer is:

(a) a qualified educational institution recognized under 53-2-1216, MCA;

(b) a registered apprenticeship program that is in compliance with Title 39, chapter 6, MCA; or

(c) an entity or individual approved by the department, meeting the criteria contained in (3), to provide workforce training.

(3) An entity or individual may be approved by the department to provide workforce training. The department may, in its discretion, reduce a grant or disapprove an individual or entity if the costs or rates are significantly in excess of costs or rates of similar training. The individual or entity may be approved based on one or more of the following criteria:

(a) the trainer can demonstrate substantial experience and background in the industry or occupational field relevant to the proposed course of training;

(b) the trainer possesses industry-recognized competency in the subject matter of the proposed training, as demonstrated by a certificate or similar credential issued by a bona fide industry source or organization; or

(4) Skills-based training:

(a) is training that:

(i) increases the quality of tasks an incumbent worker is able to perform;

(ii) increases the number of types of tasks an incumbent worker is able to perform; or

(iii) provides the ability to demonstrate that the incumbent worker is able to execute new tasks, or old tasks in new ways, as a direct result of the training; but

(b) does not refer to training that generally increases an incumbent worker's knowledge of a topic area or areas.

(5) Certified training must result in a nationally recognized or industry-recognized credential being awarded in recognition of attainment of a measurable technique or occupational skill, based on standards developed or endorsed by employers.

(6) Training must include direct, live access to the trainer.

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1217, 53-2-1218, MCA
History: NEW, 2017 MAR p. 2433, Eff. 1/1/18; AMD, 2022 MAR p. 1074, Eff. 7/1/22; AMD, 2023 MAR p. 568, Eff. 7/1/23.

Mont. Admin. R. 24.22.328 General Provisions Relating to Grant Funds

(1) The employer that is seeking grant funding must pay for all training and associated expenses "up front," and then seek reimbursement from the department for eligible expenses after the training is completed.

(2) Grant funding may be used to purchase:

(a) skills-based training or certified education as outlined in ARM 24.22.327;

(b) required materials and supplies, as identified by the course syllabus or the trainer; and

(3) Grant funding can reimburse the employer at a rate not to exceed:

(a) 80 percent for the cost of training paid to the training provider, and for associated required training expenses, such as books;

(b) 80 percent for in-state transportation and lodging costs reasonably incurred, if required to attend training; and

(4) The unreimbursed portion of allowed training, travel, and lodging expenses that the employer pays for is referred to as "matching funds" or "the matching share." The matching share paid by the employer may include:

(a) the cost of tuition, fees for certified education, or the cost of skills-based training;

(b) the cost of educational materials, training supplies, or lab fees required for training;

(d) in-state transportation and lodging costs required for training, calculated at the current state of Montana rate; and

(e) any costs incurred for training that are above the allowable grant cap.

(5) Wages, at the regular hourly rate, paid by the employer to an employee who is undergoing required training, for the time spent in training and in transit to and from the training site may be claimed as a credit for the matching share.

(a) Wages paid may not be credited as the matching share for any portion of out-of-state transportation and lodging costs paid by the employer.

(b) Sole proprietors may not use their own wages to meet the matching share requirements.

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1217, 53-2-1218, MCA
History: NEW, 2017 MAR p. 2433, Eff. 1/1/18.

Mont. Admin. R. 24.22.331 Grant Application Process

(1) The department shall make available incumbent worker training grant application forms, which a business entity must complete for the purpose of applying for a grant award.

(2) The fiscal year for this program is from July 1 through June 30. A business entity may submit an application during the fiscal year for eligible training that will begin by June 20th of that same fiscal year.

(3) The department shall verify that the applicant is an employer and that the information contained in the application is accurate and complete.

(4) The department shall evaluate the application based upon the incumbent worker training program grant award criteria provided in 53-2-1218, MCA, and make a determination as to:

(a) whether a grant should be awarded; and

(b) the amount of the grant award.

(5) Applications submitted to the department for grant funding must be submitted as follows:

(a) applications may be submitted by:

(i) the employer;

(ii) a direct employee of the employer; or

(iii) a grant writer designated by the employer.

(b) applications submitted by anyone other than those listed in (a) will not be accepted.

(6) Applications must address, at a minimum, the following:

(a) the goals of the proposed training of incumbent workers;

(b) the anticipated economic benefits to the employer from the training;

(d) the costs of the training.

(7) The application must also include:

(a) a course description of the training to be provided; and

(b) either a training schedule or course curriculum, sufficient for the department to determine if the proposed training meets the required criteria.

(8) Applicants requesting incumbent worker training grant funding for training provided by a department-approved training provider as allowed by 53-2-1216, MCA, must provide sufficient information for the department to determine the industry-recognized competency in the subject matter to be taught. Information about the proposed trainer should include, but is not limited to:

(a) the trainer's professional biography; and

(b) the trainer's professional resume, including any industry-recognized credentials earned by the trainer.

(9) Applications must be received by the department with sufficient time for processing. Generally, 14 calendar days prior to the date training begins is sufficient for the department to:

(a) verify completeness of the application; and

(b) evaluate eligibility in accordance with the incumbent worker training program grant award criteria that are provided by 53-2-1218, MCA.

(10) The department shall review the expenditures of the incumbent worker training program throughout the fiscal year. When funds are depleted before the end of the fiscal year, the department may suspend the grant program until the beginning of the next fiscal year.

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1217, 53-2-1218, MCA
History: NEW, 2017 MAR p. 2433, Eff. 1/1/18; AMD, 2022 MAR p. 1074, Eff. 7/1/22; AMD, 2023 MAR p. 568, Eff. 7/1/23.

Mont. Admin. R. 24.22.335 Evaluation of Grant Applications and Limitations

(1) The department provides grant funding on a first-come, first-served basis, in accordance with the receipt by the department of a complete application for funding.

(a) As required by 53-2-1218, MCA, applications will be reviewed based on funding evenly distributed across fiscal year quarters and by employer size. Funding not used during a quarter will be carried over to the next quarter to employers of any size. Funding assigned to the program but not utilized during the fiscal year will not be carried forward. During the quarter from July 1, 2023, through September 30, 2023, solely employers with 50 or fewer workers are eligible for grants.

(b) Although incumbent worker training grants are generally available on a first-come, first-served basis, the department reserves the right to defer the review of multiple grant applications submitted by any single employer, in order to provide funding to employers on an equitable basis.

(c) Applications for which review has been deferred will be reconsidered and evaluated on a quarterly basis during the state fiscal year in which the application was submitted. An employer's successful use of grant funding for completed training during the current year or previous years is a factor which will generally weigh in favor of additional applications being granted during the year.

(2) The department shall award incumbent worker training grant funds to employers in accordance with the grant award criteria set forth by 53-2-1218, MCA.

(3) The department shall award incumbent worker training grant funds only to employers who have demonstrated that incumbent worker training is an integral part of a plan for worker retention, skill improvement, or wage enhancement. The plan is demonstrated by the information provided on the grant application.

(4) The department shall award incumbent worker training grant funds on a prospective basis only and may not award grant funding to an employer for training that occurred prior to the date upon which the application was approved by the department.

(5) The department shall award incumbent worker training grant funds only for training that is completed in less than a year.

(6) The following are not eligible for incumbent worker training grant funding:

(a) continuing education that is necessary to maintain a license or certification;

(b) conferences, except that training that occurs in conjunction with a conference may be permissible;

(c) training customarily provided or required by the employer or the industry. This includes new employee training and training required to perform the duties the incumbent worker was hired to perform; and

(d) periodic updates regarding laws or product lines.

(7) Grants are funded on the basis of the state fiscal year. Funding may not exceed:

(a) $1,000 per incumbent worker working an average of 20 to 34 hours a week, predominantly year round; and

(b) $2,000 for applications received between July 1, 2023, and September 30, 2023, and $2,500 for applications received on or after October 1, 2023, per incumbent worker working an average of 35 or more hours a week, predominantly year round.

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1217, 53-2-1218, MCA
History: NEW, 2017 MAR p. 2433, Eff. 1/1/18; AMD, 2022 MAR p. 1074, Eff. 7/1/22; AMD, 2023 MAR p. 568, Eff. 7/1/23.

Mont. Admin. R. 24.22.338 Award of Grant

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1217, 53-2-1218, MCA
History: NEW, 2017 MAR p. 2433, Eff. 1/1/18; REP, 2022 MAR p. 1074, Eff. 7/1/22.

Mont. Admin. R. 24.22.341 Changes to the Application or Approved Grant

(1) An employer may request to amend an application by contacting the department. An amendment will change the submission date of the application.

(2) An employer may request a modification to an approved grant by submitting a modification request form.

(a) In order to determine whether the modification will be approved, the following changes must be received before training begins:

(i) changes to the person or entity designated as the trainer;

(ii) changes to the training delivery, method, or location; and

(iii) a change in attendees of the training.

(b) A request for a change of the training completion date must be received prior to the date upon which the previously approved training was to be completed.

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1217, 53-2-1218, MCA
History: NEW, 2017 MAR p. 2433, Eff. 1/1/18.

Mont. Admin. R. 24.22.344 Payment of Grant Funds

(1) Reimbursement of expenses will be made after the employer has purchased and completed the approved training as outlined on the application. The employer has 30 calendar days from the date of training completion to submit a reimbursement claim which includes:

(a) a receipt for the training issued by the trainer;

(b) receipts for other approved costs issued by the vendor; and

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1217, 53-2-1218, MCA
History: NEW, 2017 MAR p. 2433, Eff. 1/1/18.

Mont. Admin. R. 24.22.347 Appeals

(1) An employer has the right to appeal when the department:

(a) decides not to award grant funding for incumbent worker training; or

(b) awards less grant funding than requested.

(2) If an employer disagrees with the department's decision to not approve an application, or to approve less funding than was requested, the employer may either:

(a) request an administrative review within 30 calendar days of the date of the notice of the department's decision regarding the application. The employer may seek informal administrative review of a decision by submitting a written request for an administrative review to the department: Department of Labor and Industry, Incumbent Worker Training Program, P.O. Box 1728, Helena MT 59604-1728, or electronically to iwt@mt.gov ; or

(b) request a contested case proceeding within 20 calendar days of the date of the notice of final decision of the department, which may be the result of an administrative review requested pursuant to (a). The employer shall submit a written request to the department for a contested case proceeding, pursuant to Title 2, chapter 4, MCA, at the address provided in this rule.

(3) The employer bears the burden of demonstrating that the action by the department constitutes an abuse of discretion.

History

Authorizing statute(s): 53-2-1220, MCA
Implementing statute(s): 53-2-1217, 53-2-1218, MCA
History: NEW, 2017 MAR p. 2433, Eff. 1/1/18.

Subchapter 24.22.4 Industry-Recognized Credentials

Mont. Admin. R. 24.22.402 Montana Credential Registry

(1) The 2026 Montana Credential Registry is adopted and incorporated by reference. The list is available at https://montanaworks.gov/.

History

Authorizing statute(s): 20-9-382, MCA
Implementing statute(s): 20-9-382, MCA
History: NEW, 2025 MAR, Notice No. 2025-268, Eff. 11/22/25; AMD, 2026 MAR, Notice No. 2026-32, Eff. 9/26/26.

Mont. Admin. R. 24.22.405 Industry-Recognized Credential Credit Evaluation

(1) The department reviews industry-recognized credentials against a combination of eligibility factors, requiring that multiple, but not all, of the following factors be satisfied:

(a) demonstrated connection to higher-level credentials that deepen industry knowledge;

(b) aligns with in-demand occupations and sectors across the state;

(c) widely recognized by industry employers, for example by showing that the credential is regularly listed as a required or preferred qualification in job openings;

(d) addresses existing skill gaps and identifies new or emerging occupations;

(e) accredited by an independent third party;

(f) displays evidence of employment in an occupation with average entry level wages of at least 80 percent of the statewide average wage;

(g) accessible to various populations for industry advancement;

(h) available as a registered apprenticeship through the department;

(i) evidence that a student has a job offer from an employer contingent upon completion of the credential.

(2) The department assigns credit value for an industry-recognized credential against a combination, but not all are required, of the following factors:

(a) quality of the proposed curriculum;

(b) aligns with in-demand occupations as indicated by the department’s employment projections and statewide workforce goals;

(d) evidence of strong assessment procedures;

(e) progress toward apprenticeship or further certification;

(f) amount of time and effort required for completion.

History

Authorizing statute(s): 20-9-382, MCA
Implementing statute(s): 20-9-382, MCA
History: NEW, 2025 MAR, Notice No. 2025-268, Eff. 11/22/25; AMD, 2026 MAR, Notice No. 2026-32, Eff. 9/26/26.

Mont. Admin. R. 24.22.407 Work-Based Learning Experience Credit Evaluation

(1) The department shall evaluate work-based learning experiences based on the following criteria:

(a) To qualify as a work-based learning experience, the program must be with a business, nonprofit, or governmental entity external to the school and:

(i) meet the requirements of 20-7-307 and 20-7-1510, MCA; or

(ii) meet the requirements of a pre-apprenticeship under ARM Title 24, chapter 21 and is recognized as a pre-apprenticeship by the department.

(b) In addition, the department will consider the extent to which the experience meets the following eligibility factors, requiring that multiple, but not all, of the following factors be satisfied:

(i) demonstrates a connection to higher-level credentials that deepen industry knowledge or contributes hours towards the attainment of the credential;

(ii) aligns with in-demand occupations and sectors across the state;

(iii) enhances employability skills through real-world application;

(iv) expands learners’ knowledge and exposure to career pathways;

(v) is designed around authentic real-world work environments;

(vi) provides structured mentorship, supervision, and feedback from an industry professional;

(vii) incorporates Montana Career Pathways as recognized by the Montana Office of Public Instruction or high-demand workforce sectors identified by 406 JOBS Initiative.

(2) The department assigns credit value for a work-based learning experience against a combination of the following factors, not all of which are required:

(a) quality of the experience;

(b) relevance to industry or occupational standards;

(d) adequacy of assessment methods;

(e) time and effort required for completion;

(f) aligns with in-demand occupations as indicated by the department’s employment projections and statewide workforce goals.

History

Authorizing statute(s): 20-9-382, MCA
Implementing statute(s): 20-9-382, MCA
History: NEW, 2026 MAR, Notice No. 2026-32, Eff. 9/26/26.

Mont. Admin. R. 24.22.410 Petition Process

(1) A high school district or K-12 school district may submit proposed industry-recognized credentials and work-based learning experiences on a limited basis for review and recognition to the department.

(2) The department shall make available a submission form, which a high school district or K-12 school district must complete for the purpose of proposing an industry-recognized credential or work-based learning experience.

(3) The department shall evaluate the proposal based upon the factors provided in ARM 24.22.405, and make a determination as to:

(a) whether the proposed credential or experience should be awarded; and

(b) the credit value of the industry-recognized credential or work-based learning experience.

History

Authorizing statute(s): 20-9-382, MCA
Implementing statute(s): 20-9-382, MCA
History: NEW, 2025 MAR, Notice No. 2025-268, Eff. 11/22/25; AMD, 2026 MAR, Notice No. 2026-32, Eff. 9/26/26.

Authorizing statute(s): 39-11-305, MCA
Implementing statute(s): 39-11-305, MCA
History: NEW, 2020 MAR p. 2420, Eff. 12/25/20; REP, 2022 MAR p. 1315, Eff. 7/23/22.

Subchapter 24.22.7 Work-Based Learning Grants

Mont. Admin. R. 24.22.701 Definitions

For the purposes of this subchapter, the following definitions apply:

(1) "Employment" means a student's work in a high-quality work-based learning opportunity.

(2) "Enrolled" means a student is participating in or has successfully completed a qualified high-quality work-based learning opportunity.

(3) "Safety instruction" means learning activities, as generally described in 39-71-1505, MCA, which teach about safety issues pertaining to the specific high-quality work-based learning opportunity. The methods, materials, and resources should be standard for the industry of the employer.

(4) "Safety training program" means the process which provides employees with knowledge and skills to perform work in a way that is safe for the individual employee and their co-workers as generally described in 39-71-1505, MCA. It includes instructions and guidelines to identify hazards, report them, and deal with incidents.

(5) "Student" means an individual enrolled in a high-quality work-based learning opportunity through a public or private secondary school, multidistrict cooperative, home school providing secondary instruction, or equivalent educational provider.

(6) "Term-limited educational program" means a high-quality work-based learning opportunity established for a specified time.

(7) "Workers' compensation premium" means the premiums that the employer pays for each student's workers' compensation coverage while the student is employed in a high-quality work-based learning opportunity.

History

Authorizing statute(s): 39-71-319, MCA
Implementing statute(s): 39-71-319, MCA
History: NEW, 2020 MAR p. 2432, Eff. 12/25/20; AMD, 2024 MAR p. 610, Eff. 3/23/24; AMD, 2025 MAR, Notice No. 2025-240, Eff. 9/13/25.

Mont. Admin. R. 24.22.704 Attributes of a High-Quality Work-Based Learning Opportunity

(1) A high-quality work-based learning opportunity features a partnership between employers and schools or other educational providers to provide students with structured learning both in the classroom and at the employer's job site. It must include the following:

(a) an agreement satisfying 20-7-307(1), MCA;

(b) paid wages;

(c) at the start of the student's employment, a minimum of two hours of safety instruction through a safety training program that is specific to the student's employment;

(d) compliance with all federal, state, and local laws and regulations relating to the student's employment; and

(e) academic credit.

(2) A high-quality work-based learning opportunity is qualified upon completion, whether the term-limited educational program has concluded or not.

History

Authorizing statute(s): 39-71-319, MCA
Implementing statute(s): 39-71-319, MCA
History: NEW, 2020 MAR p. 2432, Eff. 12/25/20; AMD, 2024 MAR p. 610, Eff. 3/23/24.

Mont. Admin. R. 24.22.707 General Provisions Relating to Reimbursement

(1) The employer that is seeking reimbursement must pay the student's workers' compensation premiums "up front" and then seek reimbursement from the department for eligible expenses after the high-quality work-based learning opportunity is qualified.

(2) Reimbursement is limited to the employer's workers' compensation premiums for a student's qualified high-quality work-based learning opportunity.

(3) Reimbursement is not guaranteed. Reimbursement is subject to available funds and will be paid on a first-come, first-served basis as determined by the date of the application submitted on the department's portal.

History

Authorizing statute(s): 39-71-319, MCA
Implementing statute(s): 39-71-319, MCA
History: NEW, 2020 MAR p. 2432, Eff. 12/25/20; AMD, 2024 MAR p. 610, Eff. 3/23/24.

Mont. Admin. R. 24.22.710 Registration (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-319, MCA
Implementing statute(s): 39-71-319, MCA
History: NEW, 2020 MAR p. 2432, Eff. 12/25/20; REP, 2024 MAR p. 610, Eff. 3/23/24.

Mont. Admin. R. 24.22.713 Reimbursement Application Process

(1) Within 45 days of the date of qualification of the high-quality work-based learning opportunity, the employer shall complete an application electronically through the department's portal and provide all required documents. The application must include:

(a) an affidavit or declaration attesting to the workers' compensation premiums paid per semester for students employed in a high-quality work-based learning opportunity;

(b) a fully executed copy of the agreement satisfying 20-7-307(1), MCA;

(d) that the employer adheres to safe working conditions and that the first two hours, at a minimum, of the student's employment were devoted to safety instruction through a safety training program that is specific to the student's employment;

(e) that the amount sought is only for the workers' compensation premiums for a student employed in a qualified high-quality work-based learning opportunity;

(f) that the employer complied with all federal, state, and local laws and regulations regarding student employment;

(g) any other documents that the department requires to process payment; and

(h) a declaration pursuant to 1-6-104, MCA, that the information is true and correct to the best of the employer's knowledge.

(2) An employer may amend a pending application for reimbursement by submitting an amended application or supporting documents on the department's portal. An amended application is deemed submitted on the date of the amendment.

(3) The department will verify the information submitted to ensure that it is complete and accurate.

History

Authorizing statute(s): 39-71-319, MCA
Implementing statute(s): 39-71-319, MCA
History: NEW, 2020 MAR p. 2432, Eff. 12/25/20; AMD, 2024 MAR p. 610, Eff. 3/23/24.

Mont. Admin. R. 24.22.716 Evaluation of Application and Limitations

(1) The department shall evaluate each application and make a determination as to:

(a) whether the application is complete and accurate; and

(b) the amount of the reimbursement.

(2) If the department is satisfied that an employer's application is complete and accurate, the department will issue the reimbursement subject to funding.

(3) Because funding is limited, consistent with the department's intent to encourage as many different employers as possible to hire students in high-quality work-based learning opportunities, the department reserves the right to defer reimbursement for multiple students employed by a single employer. In the event of deferral, the department will notify the employer in writing. Applications for which review has been deferred will be considered and evaluated on a quarterly basis as funding allows.

(4) If the department denies an application for reimbursement, the employer may submit an amended application.

History

Authorizing statute(s): 39-71-319, MCA
Implementing statute(s): 39-71-319, MCA
History: NEW, 2020 MAR p. 2432, Eff. 12/25/20.

Mont. Admin. R. 24.22.719 Appeals

(1) An employer has the right to appeal when the department:

(a) decides not to reimburse an employer for workers' compensation premiums; or

(b) awards less than the reimbursement requested.

(2) If an employer disagrees with the department's decision to not approve an application, or to approve less money than was requested, the employer may:

(a) request an administrative review within 30 calendar days of the date of the notice of the department's decision regarding the application by submitting a written request for an administrative review to the department: Department of Labor and Industry, Work-Based Learning Program, P.O. Box 1728, Helena, MT 59624-1728, or electronically to WBLinfo@mt.gov.

(b) If the employer is dissatisfied with the decision from the administrative review, the employer may submit a written request for a contested case proceeding, pursuant to Title 2, chapter 4, MCA, within 20 calendar days of the date of the notice of final decision of the department, which may be the result of an administrative review requested pursuant to (a).

(3) The employer bears the burden of demonstrating that the action by the department constitutes an abuse of discretion.

History

Authorizing statute(s): 39-71-319, MCA
Implementing statute(s): 39-71-319, MCA
History: NEW, 2020 MAR p. 2432, Eff. 12/25/20.

Chapter 24.23 Job Growth Incentive Tax Credit

Subchapter 24.23.3 Job Growth Incentive Tax Credit

Mont. Admin. R. 24.23.301 Credit for Employer Job Growth

(1) Any employer seeking the tax credit must apply for the credit certificate by January 31 of the year following the tax year for which the certificate is requested for the department to provide a certification by regular tax filing dates. Applications received after that date will still be processed.

(2) The total number of employees employed by an employer for purposes of certification is based on the average monthly number of employees reported on the employer's unemployment insurance tax filings.

(3) An employer applying for certification may count employees hired across multiple tax years to meet the definition of qualifying net employee growth for purposes of certification.

History

Authorizing statute(s): 39-11-404, MCA
Implementing statute(s): 39-11-404, MCA
History: NEW, 2022 MAR p. 157, Eff. 1/29/22; AMD, 2023 MAR p. 769, Eff. 8/5/23.

Mont. Admin. R. 24.23.304 Required Documentation

(1) A complete application shall include:

(a) all information needed to determine the number of employees employed by the company in Montana in 2021 and in the last calendar year;

(b) a list of all statewide employees of the employer who have been hired in 2022 or later and claimed as qualifying new employees, along with identifying information. In addition, for each employee listed, the employer must provide:

(i) date of hire and date of separation, if applicable;

(ii) attestation that the benefits provided are the same as typically paid to other employees of the employer; and

(iii) records of Montana-source wages paid.

(2) An employer shall submit a brief statement as to how the job growth is associated with a project in the state that encourages, promotes, and stimulates economic development in the sectors of construction, natural resources, mining, agriculture, forestry, manufacturing, transportation, utilities, as defined in the North American Industry Classification System (2017), or outdoor recreation, as defined by the Bureau of Economic Analysis. This description must include the location of the project.

(3) Employers must provide identifying information for any predecessors or business transfers as defined in 39-11-404, MCA, that have affected the company since 2021.

(4) The department may request any additional information necessary to determine whether an employer is eligible to receive the credit, including data needed for auditing purposes.

(5) If the employer did not pay any Montana-source wages in 2021, it must submit all information required by (1) through (4) on the date the employer began paying Montana-source wages.

History

Authorizing statute(s): 39-11-404, MCA
Implementing statute(s): 39-11-404, MCA
History: NEW, 2022 MAR p. 157, Eff. 1/29/22; AMD, 2023 MAR p. 769, Eff. 8/5/23.

Mont. Admin. R. 24.23.307 Deficient Applications

(1) An employer seeking a credit certificate must apply on forms provided by the department.

(2) Applications must be complete to be reviewed.

(3) Incomplete applications will expire 90 days after submission.

(4) If an application is deemed deficient, the department must notify the applicant in writing, with the specific reasons the application is deficient.

(a) An applicant may submit information to cure the deficiency within 30 days from the mailing of the department's notification of the deficiency. Failure or refusal to submit further information means the department's notification is final.

(b) If an applicant timely submits information intended to cure the deficiency, the department shall review the application and new information. The department shall grant or deny the certification pursuant to these rules. The denial of a certification may be appealed pursuant to ARM 24.23.310.

History

Authorizing statute(s): 39-11-404, MCA
Implementing statute(s): 39-11-404, MCA
History: NEW, 2022 MAR p. 157, Eff. 1/29/22.

Mont. Admin. R. 24.23.310 Appeal of Certification Denial

(1) An applicant who has attempted to cure deficiencies and whose certification was nonetheless denied may request a hearing.

(2) A request for hearing must be made within 30 days of the date of mailing of the denial of certification. The request must identify the denial being disputed and the basis upon which the dispute is being made. The request for hearing must be sent to jobgrowthtaxcreditprogram@mt.gov.

(3) A hearing requested pursuant to this rule will be conducted pursuant to Title 2, chapter 4, MCA.

(4) The applicant bears the burden of demonstrating that the department's denial constitutes an abuse of discretion.

History

Authorizing statute(s): 39-11-404, MCA
Implementing statute(s): 39-11-404, MCA
History: NEW, 2022 MAR p. 157, Eff. 1/29/22.

Mont. Admin. R. 24.23.313 American Rescue Plan Act Savings Clause

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-11-404, MCA
Implementing statute(s): 39-11-404, MCA
History: NEW, 2022 MAR p. 157, Eff. 1/29/22; REP, 2023 MAR p. 769, Eff. 8/5/23.

Chapter 24.25 Collective Bargaining for Nurses

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

Authorizing statute(s): 39-32-108, MCA
Implementing statute(s): 39-32-108, MCA
History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Authorizing statute(s): 39-32-103, MCA
Implementing statute(s): 39-32-106, MCA
History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Subchapter 24.25.4 Unit Clarifications

Mont. Admin. R. 24.25.401 Petition for Unit Clarification of Bargaining Unit

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-32-103, MCA
Implementing statute(s): 39-32-106, MCA
History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Authorizing statute(s): 39-32-103, MCA
Implementing statute(s): 39-32-113, MCA
History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Authorizing statute(s): 39-32-103, MCA
Implementing statute(s): 39-32-108, MCA
History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; REP, 2010 MAR p. 2841, Eff. 12/10/10.

Authorizing statute(s): 39-32-103, MCA
Implementing statute(s): 39-32-109, 39-32-112, MCA
History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Authorizing statute(s): 39-32-103, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Chapter 24.26 Board of Personnel Appeals

Subchapter 24.26.1 Organization

Mont. Admin. R. 24.26.101 Organization of Board of Personnel Appeals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.102 Board Meetings, Quorum

(1) The Board of Personnel Appeals shall meet upon the call of the presiding officer or at the written request of at least three members. The board shall meet at a time and place designated by the presiding officer or members calling the meeting.

(2) For the purpose of these rules, the term "representative quorum" means at least one of the appointed management board members, one of the appointed labor union or association members, and the presiding officer or the presiding officer's substitute.

(a) A representative quorum is required to do substantive business, including adopt any resolution, motion, or other decision that is not purely procedural.

(b) A favorable vote of the representative quorum is sufficient to adopt any resolution, motion, or other decision that is not purely procedural.

(c) All board members shall serve as impartial decision makers and are not appointed to serve the organizations they represent.

(3) A single board member may issue a purely procedural order in a proceeding before the board. For example, a single board member may sign an order regarding a briefing schedule, or an order extending the time in which a party may file a brief.

(4) Unless otherwise provided by statute and not subject to modification, upon a showing of good cause the board may suspend, waive, or modify these rules to expedite decision, to prevent manifest prejudice to a party, to assure fair proceedings, or to afford substantial justice.

History

Authorizing statute(s): 2-4-201, 39-31-104, 39-32-103, MCA
Implementing statute(s): 2-4-201, 2-15-124, 2-15-1705, MCA
History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; AMD, 1984 MAR p. 599, Eff. 4/13/84; AMD, 2010 MAR p. 2841, Eff. 12/10/10; AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Subchapter 24.26.2 General Board Procedures

Mont. Admin. R. 24.26.201 Adoption of Organizational and Public Participation Rules

(1) The Board of Personnel Appeals adopts the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

(2) The Board of Personnel Appeals adopts procedural rules and public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title to the extent they do not conflict with statute or rule.

History

Authorizing statute(s): 2-3-103, 2-4-201, MCA
Implementing statute(s): 2-3-103, 2-4-201, MCA
History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; AMD, 2010 MAR p. 2841, Eff. 12/10/10; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.26.202 Board of Personnel Appeals Address

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.203 Service and Filing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-31-107, MCA
Implementing statute(s): 2-4-201, 39-31-107, MCA
History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.205 Amending Petitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.206 Computation of Time

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.207 Definitions

(1) "Board" means the Board of Personnel Appeals.

(2) "Board agent" means a person designated by the board to act on its behalf.

(3) "CBA" means a collective bargaining agreement, as defined in 39-31-306, MCA. Any CBA negotiated between a public employer and a labor organization pursuant to Title 39, chapter 31 or 32, MCA, shall be for a duration of a minimum of 12 months.

(4) "Complainant" means a party or authorized lay representative who alleges a ULP by a public employer or labor organization.

(5) "Date of Filing" means the date of receipt by the board.

(6) "Day" means calendar day unless otherwise specified.

(7) "Department" means the Montana Department of Labor and Industry, unless otherwise specified in these rules.

(8) "Department designee" means any person authorized by one of the 20 principal departments within the executive branch, as provided by the constitution, to act on behalf of a department in a personnel matter.

(9) "Department head" means a director, commission, board, commissioner, or constitutional officer in charge of one of the 20 principal departments within the executive branch, as defined in 2-15-102, MCA.

(10) "Employee" means any person employed by the state of Montana, except persons exempted under 2-18-103 and 2-18-104, MCA.

(11) "Ex parte communication" means any communication between a party, or the party's authorized representative, and the board, board member(s), board agent, or hearing officer assigned to the case concerning a fact in dispute or merits of the case. A communication is only considered an ex parte communication once the matter has been referred for a hearing before a hearing officer or the board.

(12) "Excelsior list" means the list of employees who are included in the bargaining unit or proposed bargaining unit when a petition for election is filed with the board. The excelsior list must include the employees' current name, address, phone number, position, and job classification.

(13) "Grievance" means a grievance filed with the board contesting or challenging the operation of the broadband classification and pay plan, Title 2, chapter 18, parts 1 through 3, MCA.

(14) "Grievance form" means the state employee classification and compensation appeal form.

(15) "Hearing officer" means a board agent from the department's Office of Administrative Hearings designated by the board to conduct hearings on matters before the board.

(16) "Party" is any person, labor organization, or employer filing a grievance, appeal, petition, or complaint with the board; any person, labor organization, or employer named as a party in a grievance, appeal, petition, or complaint; or any other person, labor organization, or employer whose timely motion to intervene has been granted.

(17) "Party to an election" means a labor organization or employer.

(18) "Petitioner" means any person, labor organization, or employer who files a petition with the board.

(19) "Probable merit" means supported by substantial competent evidence. It is more than a scintilla of evidence, but it may be less than a preponderance of the evidence.

(20) "Proof of interest" means the confidential authorization cards defined in ARM 24.26.604.

(21) "Question of representation" means there is a question of whether a group of employees support a labor organization or existing exclusive representative to represent the group of employees for collective bargaining purposes.

(22) "Recommended Order" means the order of a hearing officer or other board agent consisting of proposed rulings on motions and evidentiary matters, findings of fact, conclusions of law, and a recommended order.

(23) "Respondent" means any person, labor organization, or employer who is required to respond to a grievance, appeal, petition, or complaint filed with the board.

(24) "State Human Resources Division" means the State Human Resources Division of the Department of Administration, or any successor division or agency.

(25) "ULP" means an unfair labor practices complaint filed with the board alleging an unfair labor practice against a public employer or a labor organization, as defined in 39-31-103(12), 39-31-401, and 39-31-402, MCA.

History

Authorizing statute(s): 2-4-201, 39-31-104, 39-32-103, MCA
Implementing statute(s): 2-4-201, 2-18-1011, 39-31-101, 39-31-103, 39-31-207, 39-31-401, 39-31-402, 39-31-405, 39-32-112, 39-32-113, MCA
History: NEW, 2011 MAR p. 47, Eff. 12/10/10; AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.208 Notice of Hearings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-31-104, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.209 Lay Representation Before the Board or Board Agent

(1) A lay representative, authorized by a party to the proceedings, may appear in proceedings before the board or before a board agent on behalf of interested parties so long as this lay representative does not charge a fee to provide representation and is not otherwise compensated for the representation except for the remuneration that he or she may receive as a permanent employee of the party to the proceedings.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 2-4-201, 39-31-201, 39-32-112, 39-32-113, MCA
History: NEW, 2010 MAR p. 2841, Eff. 12/10/10; AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.210 Contested Cases, Default Order When Party Fails to Appear at Hearing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.211 Briefs

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-31-104, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.212 Motions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; AMD, 1979 MAR p. 1494, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.213 Motions for Summary Judgment

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-31-104, MCA
Implementing statute(s): 2-18-1001, 2-18-1011, 2-18-1012, 87-1-205, MCA
History: NEW, 2006 MAR p. 3077, Eff. 12/22/06; REP, 2010 MAR p. 2841, Eff. 12/10/10.

Mont. Admin. R. 24.26.215 Hearings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-31-104, MCA
Implementing statute(s): 2-4-201, 39-31-105, MCA
History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; AMD, 1979 MAR p. 1494, Eff. 11/30/79; AMD, 2000 MAR p. 2308, Eff. 8/25/00; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.216 Declaratory Rulings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2010 MAR p. 2841, Eff. 12/10/10.

Mont. Admin. R. 24.26.217 Extension or Waiver of Time Limits

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; REP, 2010 MAR p. 2841, Eff. 12/10/10.

Mont. Admin. R. 24.26.219 Suspension

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.221 Exceptions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-32-103, MCA
Implementing statute(s): 39-32-112, MCA
History: NEW, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.222 Objections to Board's Agent's Recommended Order

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-31-104, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.224 Board Review

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-31-104, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.229 Ex Parte Communications

(1) At any time that petitions, complaints, exceptions, election challenges, or other contested case matters have been set for hearing before the hearing officer or the board, ex parte communications are prohibited.

(2) If an ex parte communication occurs, the board, board member, board agent, or hearing officer shall notify all other parties of the communication in writing. The board member, board agent, or hearing officer shall expressly include a written statement of such communication, notification to other parties, and responses received in the record of the case.

(3) The mere noting of such ex parte communications in the record will not be considered evidence of the facts in dispute or merits of the case unless otherwise agreed by all parties to the case. The board and its agents shall rely only on the admissible evidence of record in determining the merits of any disputed issue in a case.

(4) This rule shall not apply to matters presented or obtained during preliminary investigation of the petition, complaint, exceptions, or challenge, made by board agents prior to the referral to a hearing officer or the board or service of the notice of hearing in a case, and shall not apply to requests for subpoenas.

(5) This rule shall not apply to purely procedural questions for the board agent or department staff such as discussions of extensions of time, scheduling, administrative matters, and/or questions of procedure.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 2-4-201, 39-31-105, 39-32-112, 39-32-113, MCA
History: NEW, 2010 MAR p. 2841, Eff. 12/10/10; AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.230 Severability

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.240 Intervention

(1) Any state employee, group of state employees, employee exclusive representative, labor organization, or public employer may be permitted to intervene in any grievance, appeal, petition, or complaint before the board by serving a motion to intervene on the parties and the board. The motion shall be accompanied by affidavit(s) establishing a basis for intervention. The board agent shall determine the validity of the basis for intervention.

History

Authorizing statute(s): 2-4-201, 39-31-104, 39-32-103, MCA
Implementing statute(s): 2-4-201, 2-18-1011, 2-18-1012, 39-31-201, 39-31-207, 39-31-208, 39-31-405, 39-31-406, 39-32-112, 39-32-113, MCA
History: NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; TRANS from ARM 24.26.204 and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.242 Document Form

(1) All petitions, exceptions, motions, requests for enlargement of time, briefs, documents, and other papers filed with the board shall be eight and one-half inches by eleven inches (8½" x 11") in size, standard quality, opaque, unglazed paper, and in 12-point font or larger, double-spaced, and clearly legible. Exhibits or other documents shall be reproduced in like size unless the original exhibit is required. The board may require the reproduction of an oversized demonstrative or other exhibit in a size appropriate for the record.

(2) All submissions to the board should be captioned with the case's title and the assigned case number.

(3) All submissions to the board must be signed by a party or a party's authorized representative. The board shall accept electronic signatures as defined in 1-5-602, MCA, in using the "/s/," for example, "/s/ James W. Murry."

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-105, 39-32-112, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.244 Document Service

(1) All exceptions, motions, request for enlargement of time, briefs, and exhibits filed with the board must be served upon all parties of record, including intervenors or other parties allowed to appear for special purposes.

(a) The documents must contain or be accompanied by a certificate of service showing proof of the method of service and the date upon which such service was made.

(b) Service shall be made by personal delivery, first class mail, postage prepaid, electronic submission, or by any other method reasonably calculated to effect actual notice to all parties to the action.

(2) A party shall inform the board of any change of address within five days of the change.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-105, 39-32-112, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.246 Filings with the Board

(1) Any document required or permitted to be filed with the board may be filed electronically or by hard copy.

(2) The electronic mail address for document filing is to dlierdbopa@mt.gov. Documents to be filed by e-mail must be attached in a .pdf format. Filings may be submitted in multiple attachments if necessary, and attachments totaling over ten MB may be sent to the board over the State's File Transfer Service.

(3) Hard copy filings may be mailed to the following address: Board of Personnel Appeals, P.O. Box 201503, Helena, MT 59620. The board's physical location is 1805 Prospect Avenue, Helena, MT 59601.

(4) A document is filed with the board, no matter how it is transmitted, on the date it is received by the board, not the date it is mailed. It is the responsibility of the filing party to ensure that documents are timely received by the board.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-105, 39-32-112, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.248 Time

(1) For the purposes of these rules, the term "day" means calendar day, unless otherwise specified.

(2) In computing any period of time for acts required by the board's rules, time will be computed by excluding the first day and including the last day unless the last day falls upon a Saturday, Sunday, or legal holiday. In that event, the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.

(3) The date of service is computed from the date on which service is made, as shown by the certificate of service or date of mailing. Service made by mail is complete upon mailing.

(4) Except as to dates fixed by statute and not subject to modification, the board may enlarge the time to perform an act required by these rules upon a written request of a party and good cause shown. A written request for an enlargement of time shall indicate that every other party has been contacted and whether any other party objects to the request.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-105, 39-32-112, 39-32-113
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.250 Hearing Officer Proceedings and Recommended Order

(1) The board may refer matters to a hearing officer for consideration.

(2) All documents, pleadings, and papers filed with the Office of Administrative Hearings must comply with ARM 24.26.242 and 24.26.244.

(3) Documents may be filed with the Office of Administrative Hearings by mail or by other means deemed acceptable by the hearing officer. The address to mail documents is the Office of Administrative Hearings, Department of Labor and Industry, P.O. Box 1728, Helena, Montana 59624-1728.

(4) Filing with the Office of Administrative Hearings is effective upon actual receipt at the offices of the department or by the hearing officer and not upon mailing.

(5) A hearing officer shall conduct a hearing and related proceedings, consider evidence presented by the parties, and produce a written recommended order. The hearing officer shall serve the recommended order on all parties of record, including any intervenors.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 2-18-1011, 39-31-105, 39-32-112, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.254 Board Review of Hearing Officer's Recommended Order

(1) A party may request review of the hearing officer's recommended order by filing exceptions with the board within 20 days of service of the hearing officer's recommended order. Any exception must include all the party's specific exceptions and reasons for the exceptions. The exceptions serve as the party's opening brief. A party requesting review of the transcript must so state in the party's objection.

(a) If review of the transcript is not requested, briefs shall be due as follows:

(i) A party who wishes to file a response brief to an opposing party's exceptions must file and serve the response brief within 34 days of service of the hearing officer's recommended order.

(ii) A party who wishes to file a reply brief to an opposing party's response brief must file and serve the reply brief within 14 days of service of the response brief.

(b) If one or both parties request review of the transcripts, the requesting party shall file an original and an electronic version of the transcript with the board within 28 days service of the hearing officer's recommended order, and briefs shall be due as follows:

(i) A party who wishes to file a response brief to an opposing party's exceptions must file and serve the response brief within 14 days of the board's receipt of the transcript.

(ii) A party who wishes to file a reply brief to an opposing party's response brief must file and serve the reply brief within 14 days of service of the response brief.

(2) The following requirements apply to the preparation of the transcript:

(3) A brief and any exhibits must comply with the formatting standards in ARM 24.26.242 and 24.26.244. A brief may not exceed 20 pages in length.

(4) The board's review of the hearing officer's recommended order shall be confined to the complete record. The complete record for the purposes of this rule is comprised of all documents cited or referred to in the briefing before the board. If a party intends to challenge any finding of fact of the hearing officer, the complete record additionally includes the transcript of the hearing.

(5) Exceptions will be considered at the next board meeting after conclusion of the briefing schedule.

(6) Each objecting party will be granted 20 minutes for oral argument before the board. Each objecting party may reserve a portion of the 20 minutes for rebuttal. Oral argument may be waived by the parties, except where it is requested by the board. The board may allow additional time for oral argument upon request of an objecting party.

(7) The board shall review the recommended order to determine if the recommended order's findings of fact are supported by competent substantial evidence and whether the conclusions of law are correct.

(8) The board shall issue a written decision which affirms, rejects, modifies, or remands the hearing officer decision as follows:

(a) For a matter arising under ARM Title 24, chapter 26, subchapter 10, the written decision shall be issued within 14 days of the hearing of the appeal.

(b) For a ULP complaint arising under ARM Title 24, chapter 26, subchapter 12, the written decision shall be issued within five months of the hearing on the appeal.

(9) The final decision of the board is a final agency decision.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 2-18-1011, 2-18-1012, 39-31-406, 39-32-112, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20; AMD, 2021 MAR p. 1551, Eff. 11/6/21.

Authorizing statute(s): 2-18-1001, MCA
Implementing statute(s): 2-18-1001(2), MCA
History: NEW, Eff. 5/5/75; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2021 MAR p. 1551, Eff. 11/6/21.

Authorizing statute(s): 87-1-205, MCA
Implementing statute(s): 87-1-205, MCA
History: NEW, 1978 MAR p. 75, Eff. 1/25/78; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2021 MAR p. 1551, Eff. 11/6/21.

Subchapter 24.26.5 Classification and Compensation Grievances

Mont. Admin. R. 24.26.501 Purpose

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-18-1011, MCA
Implementing statute(s): 2-18-1011, MCA
History: NEW, Eff. 7/5/75; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.502 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-18-1011, MCA
Implementing statute(s): 2-18-1011, MCA
History: NEW, Eff. 7/5/75; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.503 Informal Resolution of Appeals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-18-1011, MCA
Implementing statute(s): 2-18-1011, MCA
History: NEW, Eff. 7/5/75; AMD, 1981 MAR p. 624, Eff. 6/26/81; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.508 Grievance Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-18-1011, MCA
Implementing statute(s): 2-18-1011, MCA
History: NEW, Eff. 7/5/75; AMD, Eff. 12/4/76; AMD, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1981 MAR p. 624, Eff. 6/26/81; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2006 MAR p. 918, Eff. 4/7/06; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.513 Consolidated Appeals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-18-1011, MCA
Implementing statute(s): 2-18-1011, MCA
History: NEW, Eff. 7/5/75; AMD, 1993 MAR p. 3026, Eff. 1/1/94; REP, 2006 MAR p. 918, Eff. 4/7/06.

Mont. Admin. R. 24.26.540 Classification and Compensation Grievance Procedure – General Provisions

(1) Any employee, group of employees not represented by a labor organization, an exclusive representative, or an authorized representative may utilize this grievance process to grieve a classification or compensation issue under Title 2, chapter 18, parts 1 through 3, MCA.

(a) A grievant must obtain a state employee classification and compensation grievance form and follow the accompanying instructions.

(b) Grievance forms may be obtained from the Board of Personnel Appeals, P.O. Box 201503, Helena, Montana, 59620, from the human resource office of any department within the executive branch, or from the department's web site: erd.dli.mt.gov/labor-standards.

(2) The completed grievance form shall be submitted with the current position description, signed by the employee and the employee's immediate supervisor. If the current position description is disputed, the employee may include a proposed position description, signed by the employee, that represents the employee's understanding of the duties and responsibilities of the position.

(a) The completed grievance form must identify and explain all issues motivating the grievance. The grievance form shall include a list of issues that may be grieved.

(b) Classification standards are not appealable subjects on the grievance form under 2-18-1011 through 2-18-1013, MCA. The grievance shall be described in terms of the following appealable issues:

(i) substantial changes have occurred in this position to warrant reclassification. Specifically, this position should be allocated to (list band level and occupation title);

(ii) this position was incorrectly allocated to (list band level and occupation title) and should be allocated to (list band level and occupation title);

(iii) the classification rules have been incorrectly applied to this position (specific rule(s) should be cited); and

(iv) "other," but the issue must specifically relate to classification.

(3) The period of time for which retroactive pay for a compensation or classification appeal may be awarded under 2-18-1011 through 2-18-1013, MCA, or under Title 2, chapter 18, parts 1 through 3, MCA, may not extend beyond 30 days prior to the date on which the appeal was filed.

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 2-18-203, 2-18-1011, 2-18-1012, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.542 Consolidation of Grievances

(1) If more than one grievance affects more than one employee in the same manner, the grievances may be consolidated at any step of the grievance process. Appeals may be consolidated by board order upon a showing of good cause by any party.

(a) A consolidation may be altered or amended at any time before the final order of the board.

(b) If an employee or the employee's authorized representative opposes altering or amending the consolidation, the employee may request a hearing to be held before the final order of the board is issued.

(2) If the appeals are consolidated, the timelines in this rule will run from the dates associated with the latest appeal included in the consolidation.

(3) An employee who is not represented by a labor organization may opt out of consolidation of the appeal unless the appeals are consolidated by board order.

(4) An employee who is represented by a labor organization may not contradict the labor organization's representative on the issue of consolidating appeals.

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 2-18-203, 2-18-1011, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.544 Grievance Procedure – Step 1: Department Head or Designee

(1) The employee shall submit the appeal form and accompanying material to the department head or department designee. The department head or designee shall have 14 days to review the appeal, record his or her findings, record steps taken to resolve the appeal, and return it to the employee.

(2) The department head or designee is not limited to the issues raised by the employee in the appeal form but may address any other classification issue listed in ARM 24.26.542 deemed by the department head or designee to be important to the appeal.

(3) If the employee disputes the findings of the department head or designee, the employee shall have 14 days to appeal to the State Human Resources Division pursuant to ARM 24.26.546.

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 2-18-203, 2-18-1011, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.546 Grievance Procedure – Step 2: State Human Resources Division

(1) If an employee does not agree with the decision of the department head or designee, the employee shall submit the appeals form to the State Human Resources Division within 14 days of the date of the department head's or designee's decision. The employee must identify and explain, in writing, how he or she disputes the findings of the department head or designee.

(2) The State Human Resources Division shall have 30 days to review the matter, record its findings in the appropriate section of the form, and return it to the employee or the proper representative.

(3) The review and findings of the State Human Resources Division is not limited to the issues raised by the employee in the appeal form. The State Human Resources Division may review any additional classification issues or facts relevant to the appeal, including any additional issues raised upon consolidation of appeals pursuant to ARM 24.26.542.

(4) The State Human Resources Division must prepare clear written findings explaining its position regarding each relevant issue.

(5) If the employee disputes the State Human Resources Division's findings and recommendations, the employee shall have 14 days to appeal to the board pursuant to ARM 24.26.548.

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 2-18-203, 2-18-1011, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.548 Grievance Procedure – Step 3: Review by Board Agent

(1) If the employee wishes to continue the grievance, the employee may submit the completed form to the Board of Personnel Appeals within 14 days of the date of the State Human Resources Division's decision.

(2) The board agent shall serve the grievance upon the appropriate department employer, and the department employer shall have 14 days to respond to the grievance.

(3) The board agent shall have 30 days from the receipt of the form to investigate the grievance and render a written preliminary decision.

(4) If the employee or the department disputes the preliminary decision of the board agent, either party may file exceptions within 14 days of service of the board decision, and the matter will be referred to a hearing officer pursuant to ARM 24.26.250. The hearing officer is not bound by the statutory or common law rules of evidence in this hearing.

(5) If the employee or the department disputes the recommended order of the hearing officer, either party may file exceptions pursuant to ARM 24.26.254 within 20 days of service of the hearing officer's recommended order.

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 2-18-203, 2-18-1011, 2-18-1012, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.552 Failure of Department Head, Designee, or State Human Resources Division to Act Within Prescribed Time Limit

(1) If the department head or designee, or the State Human Resources Division does not respond to an employee's appeal within the prescribed time limits in the appeals procedure, the employee may advance the appeal to the next step in the appeal procedure by forwarding the employee's original copy of the form and a new copy of the form to the next step within 15 days of the expiration of the time limit.

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 2-18-1011, MCA
History: NEW, Eff. 7/5/75; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; TRANS from ARM 24.26.518 and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.554 Filing of a New Petition for Hearing After Final Order Issued

(1) After a final order concerning a position has been issued by the board, a new hearing will be granted only upon a showing of some substantial change in that position or the job evaluation methodology which was not considered at the prior hearing and which would warrant a new hearing by the board or its designee.

(2) The employee shall include with his or her petition a signed affidavit stating the substantial change.

(3) The petition and the affidavit shall proceed through the appeals procedure as prescribed in ARM 24.26.544, 24.26.546, and 24.26.548.

(4) The board agent shall conduct a preliminary investigation to determine if the alleged substantial change warrants a new hearing.

(a) If it is determined that the alleged substantial change warrants a new hearing, the grievance procedure shall proceed as prescribed in ARM 24.26.548.

(b) If it is determined that the alleged substantial change does not warrant a new hearing, the board agent shall issue a written order dismissing the petition.

(i) If a party disputes the dismissal, the board agent may refer the matter to the hearing officer pursuant to ARM 24.26.250. The hearing officer is not bound by the statutory or common law rules of evidence in this hearing.

(ii) If the employee or the department disputes the recommended order of the hearing officer, either party may file exceptions pursuant to ARM 24.26.254 within 20 days of service of the hearing officer's recommended order.

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 2-18-1011, 2-18-1012, MCA
History: NEW, Eff. 12/4/76; AMD, 1993 MAR p. 3026, Eff. 1/1/94; TRANS from ARM 24.26.523 and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.556 Freedom from Interference, Restraint, Coercion, or Retaliation

(1) If an employee's supervisor, or the agency for which the employee works, directly or indirectly interferes, restrains, coerces or retaliates against an employee because the employee has filed or attempted to file a grievance with the board, the employee shall be entitled to file a complaint with the board.

(2) The complaint shall be in writing and shall contain a clear and concise statement of facts constituting the alleged interference, restraint, coercion or retaliation.

(3) The board shall serve the complaint upon the employee's supervisor or the agency for which the employee works and the supervisor or agency shall have ten days from the date of service of the complaint upon them to respond to the complaint.

(4) After ten days have elapsed from the date of service of the complaint, a board agent shall refer the matter to a hearing officer pursuant to ARM 24.26.250.

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 2-18-1011, MCA
History: NEW, Eff. 7/5/75; AMD, 1984 MAR p. 599, Eff. 4/13/84; TRANS from ARM 24.26.530 and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 39-31-405, MCA
History: NEW, 2014 MAR p. 969, Eff. 5/9/14; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.680B RESPONSE TO COMPLAINT AND INVESTIGATION OF COMPLAINT (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.26.680B RESPONSE TO COMPLAINT AND INVESTIGATION OF COMPLAINT

(REPEALED)

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 39-31-405, MCA
History: NEW, 1984 MAR p. 599, Eff. 4/13/84; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.681 Answer

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 39-31-406, MCA
History: NEW, Eff. 6/4/74; AMD, 1984 MAR p. 599, Eff. 4/13/84; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.682 Notice of Hearing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 39-31-406, MCA
History: NEW, Eff. 6/4/74; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.683 Proposed Findings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 39-31-406, MCA
History: NEW, Eff. 6/4/74; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.684 Exceptions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 39-31-406, MCA
History: NEW, Eff. 6/4/74; AMD, 1984 MAR p. 599, Eff. 4/13/84; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.685 Disqualification of Hearing Officer

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 39-31-405(5), MCA
History: NEW, 1984 MAR p. 599, Eff. 4/13/84; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.696 Mediation

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 39-31-104, MCA
Implementing statute(s): 39-31-307, MCA
History: NEW, Eff. 6/4/74; REP, 1993 MAR p. 3026, Eff. 1/1/94.

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 39-3-217, MCA
History: NEW, 1989 MAR p. 2250, Eff. 12/22/89; REP, 2010 MAR p. 2841, Eff. 12/10/10.

Subchapter 24.26.10 Petitions and Elections

Mont. Admin. R. 24.26.1001 Filing of Labor Organization's Bylaws

(1) Any employee organization seeking certification from the board as exclusive representative of a group of employees must first file with the board a copy of the labor organization's written bylaws. If revisions or changes are made, the bylaws must be refiled.

(2) The bylaws must provide for and guarantee that:

(a) provisions are made for democratic organization and procedures;

(b) elections are held pursuant to adequate standards and safeguards;

(d) sound accounting, fiscal control, and annual audit requirements exist.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-206, 39-32-113, MCA
History: NEW, Eff. 6/4/74; AMD, 1993 MAR p. 3026, Eff. 1/1/94; TRANS from ARM 24.26.603 and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1002 Requirements for Proof of Interest Authorization Documents - Confidentiality

(1) An authorization card is proof of interest that must be submitted in support of a petition for certification. The card must contain the following:

(a) the employee's name, typed or legibly printed;

(b) the employee's signature;

(d) a statement that the employee designates the named labor organization as the employee's exclusive representative for purposes of collective bargaining with the employee's employer; and

(e) if the card is submitted as proof of interest in support of a new unit determination petition for certification without an election, the card must also include a statement that the employee understands that the employee's signature may be used to obtain certification of the named labor organization as the exclusive bargaining representative without an election.

(2) The proof of interest submitted with any petition shall not be furnished to any of the parties. The board agent shall consider the adequacy of the showing of interest and such decision shall not be subject to challenge.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, Eff. 6/4/74; AMD, 2019 MAR p. 2352, Eff. 12/28/19; TRANS from ARM 24.26.604 and AMD, 2020 MAR p. 2422, Eff. 12/25/20; AMD, 2021 MAR p. 1551, Eff. 11/6/21.

Mont. Admin. R. 24.26.1004 Composition of Unit

(1) The board may consider a bargaining unit that consists of all the employees in any department, division, bureau, section, or combination thereof.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-202, 39-32-102, 39-32-106, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1005 Appropriate Unit

(1) The board shall determine whether a bargaining unit is appropriate by determining whether the employees share a community of interest. A community of interest is determined by considering the following factors:

(a) wages;

(b) hours;

(d) the history of collective bargaining;

(e) common supervision;

(f) common personnel policies;

(g) extent of integration of work functions and interchange among employees affected; and

(h) desires of the employees.

(2) The board shall consider the following factors in addition to those listed in (1) when considering a proposed bargaining unit for nurses working at a health care facility, as defined in 39-32-102, MCA:

(a) similarity of duties;

(b) licensure; and

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-202, 39-32-102, 39-32-106, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1006 Petitions Filed with the Board – Amendments – Withdrawal

(1) All petitions filed with the board pursuant to this subchapter must comply with the following:

(a) The petition shall meet the formatting requirements of ARM 24.26.242.

(b) The petition must contain the name, address, and phone number of the petitioner or an authorized representative.

(c) The petition must identify the name, address, and phone number for the relevant public employer and any exclusive representative and/or labor organization involved in the proceedings.

(d) The petition must be signed by the petitioner or an authorized representative.

(2) The petition shall be filed with the board pursuant to ARM 24.26.246.

(3) Upon receipt of the petition, a board agent shall be assigned to review and process the petition according to this subchapter.

(4) A petition may be amended at the board agent's or hearing officer's discretion or at the request of a party, but no petitions may be amended as follows:

(a) after ballots are mailed in a mail-ballot election, or after the first ballot is cast in an in-person election; or

(b) after an objection is filed with the board to a hearing officer's recommended order under ARM 24.26.1008.

(5) The petitioner may withdraw a petition for an election at any time before the first ballot is cast in the election.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1008 Hearing on Representation Matters

(1) The board agent may refer matters to a hearing officer for consideration under this subchapter.

(2) The hearing officer shall conduct an informal hearing for matters under this subchapter.

(a) The hearing officer shall consider evidence submitted by the parties and take testimony from witnesses.

(b) The hearing officer is not bound by common law or statutory rules of evidence.

(3) The hearing officer shall issue a written order within 28 days of the board agent's referral of the matter to the hearing officer.

(4) A hearing officer may, at the hearing officer's discretion or upon good cause shown by a party, extend the order deadline for an additional period not to exceed a total of 35 days from the matter's referral to the hearing officer.

(5) Unless the rule specifically states otherwise, the hearing officer's orders issued under this rule are subject to review by the board under ARM 24.26.254.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-202, 39-31-207, 39-31-208, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1012 Unit Determination Petitions

(1) A labor organization or a group of employees may file a unit determination petition (UD petition) with the board alleging there is a question concerning representation and seeking an election to determine whether employees wish to be represented by the petitioner.

(2) The UD petition shall contain:

(a) a description of the unit to be determined specifying inclusions and exclusions;

(b) a statement as to whether there is any known disagreement between the employer and the petitioner as to the nature and scope of the proposed unit and the reasons for the disagreement;

(d) the expiration dates and brief description of any contracts covering any employees in the proposed unit;

(e) the approximate number of employees in the proposed unit; and

(f) any other relevant facts.

(3) The UD petition must be accompanied by proof of interest, consisting of authorization cards, or copies thereof.

(a) The board agent shall promptly issue a certification of representative because no question of representation exists, an election is not required, and an appropriate unit has been determined, if the following requirements of this subsection are met:

(i) the number of authorization cards submitted exceeds 50 percent of the number of employees in the proposed bargaining unit;

(ii) an employer counter petition is not filed within seven days of the date the board mailed the petition for unit determination to the employer, as provided by ARM 24.26.1016;

(iii) a petition to intervene has not been filed within seven days of the employer posting notice of unit determination proceedings, as provided by ARM 24.26.1018; and

(iv) the showing of interest is adequate because more than 50 percent of the employees on the excelsior list have submitted an authorization card.

(b) An election is required pursuant to ARM 24.26.1070 when at least 30 percent but not more than 50 percent of the employees on the excelsior list have submitted an authorization card.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1014 Notice of Unit Determination Proceedings

(1) Upon receipt of the petition, the employer shall post the notice of unit determination in a conspicuous manner for a period of 20 days.

(2) If employees do not work in a central location, the employer shall disseminate the notice to all affected employees, consistent with typical business practices for disseminating information.

(3) The employer shall confirm in writing to the board that it has received, posted, and or disseminated the notice, and the employer shall continue posting the notice for the required 20 days.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1016 Employer Counter Petition

(1) The employer may file an employer counter petition (EC petition) with the board within seven days of the board's service of the petition for a new unit determination on the employer if the employer disagrees with the appropriateness of the proposed unit as described in the petition.

(2) The EC petition shall contain:

(a) the employer's disagreement with the petitioner's proposed appropriate unit;

(b) a detailed description of the employer's proposed appropriate unit;

(d) the expiration dates and brief description of any contracts covering any employees in the employer's proposed unit;

(e) an excelsior list for the employees in the proposed counter-unit; and

(f) any other relevant facts.

(3) The employer shall serve a copy of the EC petition upon the petitioner.

(4) A board agent shall have five business days to work with the parties to resolve issues raised in the EC petition. If the issue of the unit description is not resolved, the board agent shall transfer the counter petition to a hearing officer pursuant to ARM 24.26.1008.

(a) If a party disputes the recommended order of the hearing officer, the party may file exceptions pursuant to ARM 24.26.254 within ten days of service of the hearing officer's recommended order.

(b) Orders issued by the board on the composition of the unit under this rule are not subject to further appeal.

(c) Once the order of the board is issued that determines the appropriate unit, the matter shall proceed pursuant to ARM 24.26.1022 if appropriate or ARM 24.26.1070.

(5) If the employer does not file an EC petition and the time for intervention has passed, the board agent shall review the petitioned-for unit to determine that it is appropriate under ARM 24.26.1005, and then proceed pursuant to ARM 24.26.1022 if appropriate or ARM 24.26.1070.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-202, 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1018 Petition to Intervene in Unit Determination

(1) Any labor organization, employee, or group of employees may file a petition to intervene within seven days of the first day of posting of the notice of unit determination proceedings.

(3) The petition to intervene shall conform in all other respects to the requirements for a UD petition.

(4) The board agent shall review the petition and the authorization cards for compliance with these rules and serve a copy of the petition to intervene upon all other parties.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1020 Unit Determination Petition Investigation and Hearing

(1) The board agent shall serve a copy of the UD petition on the public employer, and the board agent shall include with the UD petition the notice of unit determination. The notice shall be posted pursuant to ARM 24.26.1014.

(2) The board agent shall investigate all questions and facts concerning the proposed unit, and shall have the following options:

(a) to direct a unit determination hearing after the time for intervening has passed; or

(b) to dispense with a unit determination hearing under the following conditions:

(i) the employer has not filed a counter petition;

(ii) no intervenors contest the petitioner's proposed unit; or

(iii) the parties have entered into a consent election agreement pursuant to ARM 24.26.1072.

(3) The excelsior list must be provided to the board agent and the petitioner within ten days of the board agent's mailing of the UD petition to the public employer.

(4) If the board agent directs a hearing, the matter shall be referred to a hearing officer, pursuant to ARM 24.26.1008. Orders issued by the hearing officer under this rule are not subject to appeal to the board.

(5) If the unit does not include nurses working for a health care facility under 39-32-106, MCA, within seven days of the board agent's determination to dispense with the hearing, or within seven days of service of the hearing officer's order, the board agent shall direct the election and schedule the pre-election conference pursuant to ARM 24.26.1070. Either party shall raise any challenges for individual inclusions and exclusions to the unit at the pre-election conference.

(6) If the unit approved in the hearing officer's order includes nurses working for a health care facility under 39-32-106, MCA, the board agent must also comply with ARM 24.26.1022.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1022 Nurse Unit at Health Care Facility – Professional Employee Special Election

(1) This rule applies to UD petitions for a health care facility that include professional nursing staff in the proposed unit, as defined in 39-32-106, MCA.

(2) If a hearing officer issues an order pursuant to ARM 24.26.1008, and the approved unit includes both professional nursing employees, as defined in 39-32-102, MCA, and nonprofessional employees, the board agent shall conduct a special election among professional employees to determine whether they wish to be included in the proposed unit.

(a) The board agent shall conduct the election by secret ballot in a prompt and efficient manner. Notice of the special election shall be posted by the employer no less than five days prior to the special election.

(b) If a majority of the professional employees in the proposed unit do not desire to be included in the proposed unit, the professional employees shall be excluded from the unit. If a majority of the professional employees in the proposed unit desire to be included in the unit, the professional employees shall be included in the unit.

(c) The board agent shall issue a written certification of the results of the special election and serve it on the parties.

(3) Within seven days of service of the board agent's certification of the special election, the board agent shall direct the election and schedule the pre-election conference pursuant to ARM 24.26.1070. Either party shall raise any challenges for individual inclusions and exclusions to the unit at the pre-election conference.

History

Authorizing statute(s): 39-32-103, MCA
Implementing statute(s): 39-32-102, 39-32-105, 39-32-106, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1024 Employer Recognition Petition

(1) An employer may file an employer recognition petition (ER petition) with the board alleging that one or more labor organizations have presented to it a claim to be recognized as the exclusive representative in an appropriate unit.

(2) ER petitions may be filed under the following circumstances:

(a) during the period not more than 90 days, and not less than 60 days prior to the termination date of the existing CBA;

(b) during January of the year the existing CBA terminates if the bargaining unit is comprised of employees of school districts, units of the university system, or a community college;

(d) when the proposed exclusive representative gives notice to the employer that it desires to begin negotiations of a CBA.

(3) The ER petition shall contain:

(a) a statement naming all labor organizations making a claim to the employer to be recognized as the exclusive representative and bargaining agent;

(b) a concise statement of how the demands for recognition took place;

(c) a description of the bargaining unit the labor organizations demand to represent, including the approximate number of employees in the unit or units that are in dispute, and an enumeration, by job title, of the inclusions and exclusions proposed by the labor organizations;

(d) a brief description, including expiration dates, of all contracts covering employees in the proposed unit; and

(e) any other relevant facts.

(4) A board agent shall review and investigate the employer petition.

(5) If the board agent determines there are not sufficient grounds to act on the ER petition, the agent shall issue a written determination of the reasons for not proceeding with the recognition proceedings. The agent shall serve the determination on the employer.

(a) The petitioner may file exceptions to the board agent's determination within 14 days of the service of the determination.

(b) The exceptions shall be forwarded to the hearing officer for consideration pursuant to ARM 24.26.1008.

(6) If the board agent finds there is sufficient, objective criteria to doubt the certified or recognized exclusive representative's majority status, meaning there is a question of representation, then the board agent shall serve a copy of the petition on all parties claiming to be the exclusive representative and bargaining agent. After service of the petition, the procedures for unit determination and elections, including the right to intervene, will then proceed pursuant to ARM 24.26.1012.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1028 Decertification Petition

(1) An employee, a group of employees, or a labor organization may file a decertification petition (DC petition), provided that 12 months have elapsed since the last election.

(2) DC petitions may be filed under the following circumstances:

(a) during the period not more than 90 days, and not less than 60 days prior to the termination date of the existing CBA; or

(b) during January of the year the existing CBA terminates, if the bargaining unit is comprised of employees of school districts, units of the university system, or a community college; or

(3) The DC petition shall contain:

(a) a statement that the labor organization that has been certified or is currently being recognized by the employer as the exclusive representative no longer represents the interests of the majority of the employees in the unit;

(b) the name of the labor organization, if any, which claims to be the majority representative;

(d) any other relevant facts.

(4) The petition shall be accompanied by proof of interest, consisting of authorization cards, or copies thereof, from at least 30 percent of the employees in the unit. The cards shall indicate that the signatories do not desire to be represented for collective bargaining purposes by the board-certified or employer-recognized exclusive representative.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1030 Answer to Decertification Petition

(1) Each party may file an answer to the DC petition with the board within 14 days of the board's service of the DC petition on the parties.

(2) The composition of the unit is not a proper matter to be considered in a decertification proceeding. Eligible voters for any decertification election shall be those who are members of the bargaining unit at the time of the filing of the DC petition.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1032 Notice of Decertification Proceedings

(1) Upon receipt of the petition, the employer shall post the notice of decertification proceedings in a conspicuous manner for a period of 20 days.

(2) If employees do not work in a central location, the employer shall disseminate the notice to all affected employees, consistent with typical business practices for disseminating information.

(3) The employer shall confirm in writing to the board that it has received, posted, and shall continue posting of the notice for the required 20 days.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1034 Petition to Intervene in Decertification

(1) Any labor organization, employee, or group of employees may file a petition to intervene within ten days of the first day of posting of the notice of decertification proceedings.

(2) The petition shall be accompanied by proof of interest, consisting of authorization cards, or copies thereof, from at least ten percent of the employees in the unit. The cards shall indicate that the signatories do not desire to be represented for collective bargaining purposes by the current board-certified or employer-recognized exclusive representative, and the cards shall identify the signatories' choice of a new exclusive representative.

(3) The petition to intervene shall conform in all other respects to the requirements for a UD petition.

(4) The board agent shall review the petition and the authorization cards for compliance with these rules and serve a copy of the petition to intervene upon all other parties.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1036 Decertification Petition Investigation and Hearing

(1) The board shall serve a copy of the DC petition upon the labor organization(s) concerned and the public employer, and the board agent shall include the notice of unit decertification with the petition. The notice shall be posted pursuant to ARM 24.26.1032.

(2) The board agent shall investigate all questions and facts concerning the DC petition and shall have the following options:

(a) to direct a hearing after the time for intervening has passed;

(b) to dispense with a hearing and schedule the election and a pre-election conference; or

(3) If the board agent directs a hearing, the matter shall be referred to a hearing officer, pursuant to ARM 24.26.1008. Orders issued by the hearing officer under this rule are not subject to appeal to the board.

(4) Within seven days of the board agent's determination to dispense with the hearing, or within seven days of service of the hearing officer's order, the board agent shall direct the election and schedule the pre-election conference pursuant to ARM 24.26.1070.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1038 Disaffirmance of Representation by Bargaining Representative During Decertification

(1) An exclusive representative may file an affidavit of disaffirmance of representation with the board agent under the following circumstances:

(a) a minimum of 12 months has passed since the date of certification by the board or recognition by the employer of the exclusive representative; and

(b) a DC petition has been filed by an employee or group of employees.

(2) The affidavit must be signed by the exclusive representative, dated, and notarized by a notary public of the state of Montana. Electronic notarization is acceptable under these rules.

(3) Upon the filing of the affidavit, the board agent shall remove the exclusive representative's name from the ballot in the DC election. If no other bargaining representative appears on the ballot, no election shall be conducted.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1042 Petition for Unit Clarification of Bargaining Unit

(1) The public employer or exclusive representative of the bargaining unit in question may file a unit clarification petition (UC petition) under the following circumstances:

(a) there is no question concerning representation; and

(b) the parties to the CBA are neither engaged in negotiations nor within 120 days of the expiration date of the CBA, unless the parties mutually agree to permit the petition; and

(c) a UC petition has not been filed with the board concerning substantially the same unit within the past 12 months immediately preceding the filing of the UC petition; and

(d) no election has been held in substantially the same unit within the past 12 months immediately preceding the filing of the UC petition.

(2) A UC petition shall contain the following:

(a) the identification and description of the existing bargaining unit;

(b) a description of the proposed clarification of the unit;

(c) the job classification(s) of employees as to whom the clarification issue is raised, and the number of employees on each such classification;

(d) a statement setting forth the reason why the petitioner desires a clarification of the unit;

(e) a statement that no other employee organization is certified to represent any of the employees who would be directly affected by the proposed clarification; and

(f) a brief and concise statement of any other relevant facts.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-202, 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1044 Board Agent Review of Unit Clarification Petition

(1) A board agent will review the UC petition to ensure it is timely filed under ARM 24.26.1042. If it is not, the board agent will issue a written determination dismissing the petition.

(a) If either party disputes the determination, the party may submit additional information to the board agent within 14 days of service of the board agent's determination, and the board agent shall issue a redetermination.

(b) If either party objects to the redetermination, they may file written exceptions with the board agent within 14 days of service of the board agent's redetermination. The board agent shall then refer the matter to a hearing officer pursuant to ARM 24.26.1008.

(2) If the board agent finds the UC petition is timely filed under ARM 24.26.1042, the board agent shall serve the petition on the parties.

(a) The parties will have 14 days from service of the UC petition to file a response to the UC petition.

(b) Failure to respond will result in the board agent issuing a recommended order granting the relief requested by the petitioner.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-202, 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1046 Board Investigation of Unit Clarification Petition, Agreement, Mediation, Appeal

(1) If the board agent serves the petition on the parties, the board agent shall investigate the UC petition. If no question of fact exists and the parties agree with the modification of the existing unit, the board agent shall issue an order consistent with the agreement of the parties. The order shall be signed by the board agent and all parties.

(2) If the board agent determines that a question of fact exists, the parties shall mediate the dispute before an agency mediator. Mediation will be concluded within 45 days of assignment unless the parties mutually agree to an extension.

(3) If the parties are unable to mediate the dispute, the board agent shall transfer the matter to the hearing officer pursuant to ARM 24.26.1008.

(a) If a party disputes the recommended order of the hearing officer, the party may file exceptions pursuant to ARM 24.26.254 within 14 days of service of the hearing officer's recommended order.

(b) Orders of the board that determine the appropriate unit under this rule are not subject to further appeal or challenge.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-202, 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1048 Petition to Revoke Certification or Recognition

(1) The employer or the exclusive representative of a bargaining unit may file a petition to revoke board certification or employer recognition of an exclusive representative (RC petition).

(2) The board agent assigned to review the RC petition will order revocation only upon an unequivocal showing that:

(a) no CBA is in effect; and

(b) the exclusive representative disclaims further interest in representing the bargaining unit.

(3) The board agent shall issue a written determination explaining their grant or denial of the revocation. If either party disagrees with the determination, they may submit additional information to the board agent within 14 days of service of the board agent's determination, and the board agent shall issue a redetermination.

(4) If either party objects to the redetermination, they may file written exceptions with the board agent within 14 days of service of the board agent's redetermination. The board agent shall then refer the matter to a hearing officer pursuant to ARM 24.26.1008.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1050 Petitions to Amend Certification of Exclusive Representative

(1) A labor organization may file a petition to amend the certification of an exclusive representative (AC petition) when there is no question of representation and one of the following circumstances exists:

(a) the name or affiliation of the exclusive representative has changed; or

(b) the name of the employer has changed.

(2) AC petitions to affiliate exclusive representatives of bargaining units with other labor organizations shall show that members of the bargaining unit were afforded due process and will have continuity of representation.

(a) Due process in the affiliation process shall be demonstrated by a showing that members of the bargaining unit were:

(i) given notice of the impending affiliation vote;

(ii) given an opportunity to discuss the proposed affiliation at a meeting prior to voting; and

(iii) permitted to vote by secret ballot on the affiliation question.

(b) Continuity of representation shall be demonstrated by a showing that:

(i) there will be a continuation of bargaining unit autonomy;

(ii) local officers will be retained;

(iii) financial arrangements are not substantially different under the affiliation than before; and

(iv) procedures regulating grievance handling, voting, and by-law changes are continued.

(3) The board agent shall investigate all questions and facts concerning the proposed affiliation and shall have the following options:

(a) The board agent may issue a written determination approving the affiliation and allowing the certification.

(b) The board agent may issue a written determination denying the petition.

(4) If either party disagrees with the determination, they may submit additional information to the board agent within 14 days of service of the board agent's determination, and the board agent shall issue a redetermination.

(5) If either party objects to the redetermination, they may file written exceptions with the board agent within 14 days of service of the board agent's redetermination. The board agent shall then refer the matter to a hearing officer pursuant to ARM 24.26.1008.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-206, 39-31-207, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1052 Mergers and Consolidations

(1) When national, regional, or state-wide labor organizations with local affiliates merge, combine or consolidate in accordance with their respective by-laws and constitutions, the merged, combined or consolidated labor organization shall have the same rights, duties and privileges under law as its predecessor organizations.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-206, 39-31-207, 39-32-113, MCA
History: NEW, 2000 MAR p. 2308, Eff. 8/25/00; TRANS from ARM 24.26.651 and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1070 Election Directed

(1) The board agent shall issue a written order directing an election to occur and scheduling a pre-election conference within five days of completion of the requirements of ARM 24.26.1020, 24.26.1022, or 24.26.1036.

(2) The pre-election conference shall occur no more than five days after the election is directed.

(3) The board agent shall coordinate with the parties to determine the date of the pre-election conference and the date of the election.

(4) The election shall be conducted under the direction and supervision of the board agent. The full board has discretion to review any determinations made by the board agent regarding the election.

(5) Elections shall be held by mail ballot unless a party submits a written request for an on-site election to the board agent. The board agent shall grant an on-site election only upon a clear and convincing showing that a mail ballot election is not feasible.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-208, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1072 Consent Election

(1) If there are no challenges to the unit composition or to the question of representation, the parties may waive the hearing and enter into a consent election agreement after the time to intervene has passed.

(2) The board agent shall draft the consent agreement that includes a description of the unit and the time and place for the election.

(3) The agreement must be signed by all parties. The bargaining unit set out in the consent agreement shall be deemed an appropriate bargaining unit once it is signed by the parties.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-209, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1074 Eligible Voters

(1) The employees eligible to vote shall be those within the unit on the date of the filing of the UD petition or the DC petition with the board, excluding those employees who voluntarily terminated their employment after the filing date.

(2) The excelsior list shall be used to determine the unit members employed on the date of filing of the petition.

(3) Any challenges to eligible voters shall be raised at the pre-election conference.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-208, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1076 Pre-Election Conference

(1) Prior to distributing the notice of election, the board agent shall hold a pre-election conference with all parties. The pre-election conference may be held telephonically, by videoconference, by e-mail, or in person.

(2) The parties shall submit any challenges to voters in writing to the board agent before or during the pre-election conference.

(3) The board agent shall certify the list of eligible voters, specifically designating any voters who will be challenged.

(4) The parties shall determine the order of labor organization names to appear on the ballot pursuant to ARM 24.26.1080. If the parties cannot agree on the order of names, the board agent shall determine the order.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-208, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1078 Notice of Election

(1) Within five days after an election is directed, but not before the pre-election conference, the board agent shall distribute a notice of election to the parties. This notice of election will specify:

(a) whether the election will be by mail or held on-site;

(i) for an on-site election, the notice shall specify the location and date of the election; or

(ii) for a mail-ballot election, the notice shall specify the date ballots will be mailed, the location for returning ballots, the deadline for returning ballots, and the date ballots shall be counted which is the date of the election;

(b) a description of the unit;

(d) a sample ballot; and

(e) any additional information and instruction the board agent considers appropriate.

(2) The board agent shall send copies of the notice of election and the sample ballot to all labor organizations appearing on the ballot and to the public employer.

(3) The public employer shall post the notice of election and the sample ballot in a conspicuous manner at work locations where notices are normally posted for the benefit of employees in the appropriate unit as follows:

(a) for an on-site election, the notice of election shall be posted for a minimum of five working days prior to the election; or

(b) for a mail-ballot election, the notice of election shall be posted for a minimum of fifteen days prior to the date of the election.

(4) If employees do not work in a central location, the employer shall disseminate the notice to all affected employees, consistent with typical business practices for disseminating information.

(5) The employer shall confirm in writing to the board that it has received, posted, and or disseminated the notice, and the employer shall continue posting of the notice for the required period of time in (3).

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-208, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1080 Ballots

(1) All elections shall be by secret ballot.

(2) The order of labor organization names to appear on the ballot shall be determined during the pre-election conference.

(a) The current exclusive representative shall always be on the ballot unless otherwise agreed or a proper affidavit of disaffirmance has been filed pursuant to ARM 24.26.1038.

(b) "No Representation" will always be listed as the last choice on the ballot.

(3) Only those labor organizations which have been designated by proof of interest of more than ten percent of the employees in the unit shall be placed on the ballot.

(4) Absentee ballots shall not be allowed in an on-site election.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-208, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1082 Mail Ballot Elections

(1) Ballots may be mailed the same time as the notice of election.

(2) Ballots shall include a security envelope and instructions for completing the ballot.

(3) Ballots may be returned by mail or by hand delivery to a location determined by the board agent and included in the notice of election.

(4) Ballots shall be counted not less than ten or more than 20 days after they are mailed. For a mail-ballot election, the date ballots are counted is the date of the election.

(5) Ballots shall be counted at a date, time, and location determined by the board agent. Ballots must be received by the board agent by that date and time to be counted.

(6) All parties are entitled to have observers present for the ballot count. Failure or refusal of one party to send an observer to the ballot count does not infringe on the right of another party to send an observer to that place.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-208, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1084 On-Site Elections – Poll Watchers and Polling Area Electioneering

(1) Prior to the commencement of an on-site election, the board agent shall designate the polling area, and no electioneering of any kind shall be permitted within this area. Any violation of this rule by any party or its representative or agent may be grounds for setting aside the election.

(2) Each party to the election is entitled to be represented by an equal number of observers at each polling place.

(3) The failure or refusal of one party to send an observer to a polling place does not infringe on the right of another party to send an observer to that place.

(4) Observers shall be employees eligible to vote, or in the case of employer's observers, shall be any appropriate persons who are not on the list of eligible voters. Each party may observe the ballot counting.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-208, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1086 Challenges to Ballots

(1) All employees whose names appear on the list certified by the board agent at the pre-election conference shall be eligible to vote.

(2) Either party may challenge a prospective voter for cause.

(a) For a mail ballot election, a ballot will be mailed to all certified and challenged voters.

(b) For an on-site election, any employee who wishes to vote, but whose name is not on the certified list, will be permitted to vote, but will be challenged by the board agent.

(3) A challenged voter shall be permitted to vote but the ballot shall not be counted. The ballot shall instead be sealed in a separate, unmarked envelope under the supervision of the board agent and inserted in a special identifiable form envelope to be held by the board pending determination of the eligibility of the challenged voter.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-208, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1088 Runoff

(1) The board shall conduct a runoff election when an election in which the ballot provides for not less than three choices (i.e., at least two representatives and no representative) results in no choice receiving a majority of the valid ballots cast.

(2) The ballot in the runoff election shall provide for a selection between the two choices receiving the largest and second largest number of votes in the previous election.

(3) Those eligible to vote in the original election shall be eligible to vote in the runoff election.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-208, 39-32-113, MCA
History: NEW, Eff. 6/4/74; TRANS from ARM 24.26.665 and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1090 Ballot Tally and Exceptions

(1) The majority of the valid votes cast shall determine the election. In the case of a tie vote, no certification shall be issued.

(2) The board agent shall notify the parties of the ballot tally on the day the ballots are counted by e-mail or by other means reasonably calculated to confer the information on the parties. However, in either on-site or mail-ballot elections, the burden is on the parties to confirm the election tally with the board agent assigned to the election.

(3) The parties to the election may file exceptions with the board relating to the conduct of the election or conduct affecting the results of the election, including challenged ballots, within five days of the tally of the ballots.

(4) Exceptions shall be in writing and shall contain a brief statement of the facts upon which the exceptions are based. Exceptions shall be served upon all parties to the election.

(5) The board agent shall review the exceptions and refer the matter to a hearing officer pursuant to ARM 24.26.1008.

(6) An order of the hearing officer issued under this part shall be appealable to the board pursuant to ARM 24.26.254.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-208, 39-32-113, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1092 Certification

(1) If an election occurred and no exceptions are filed within the time set forth above, or if the challenged ballots are insufficient in number to affect the result of the election, the board shall serve the parties a certification of exclusive representative, where appropriate.

(2) In order to be certified by the board as the exclusive representative for any bargaining unit that existed before July 1, 1973, and is presently in existence, the labor organization must submit a copy of the existing CBA as support of its claim.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-208, 39-32-113, MCA
History: NEW, Eff. 6/4/74; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2019 MAR p. 2352, Eff. 12/28/19; TRANS from ARM 24.26.667 and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Subchapter 24.26.12 Unfair Labor Practices

Mont. Admin. R. 24.26.1201 Ulp Complaint

(1) A ULP may be filed by an employee, a group of employees, a labor organization, or a public employer.

(2) Any ULP must be filed with the board within six months of the alleged unfair labor practice, unless the complainant is a member of the armed forces who was prevented from filing the charge because of serving in the armed forces as described in 39-31-404, MCA, in which case the charge must be filed within six months from the day of the service member's discharge.

(3) A ULP shall be in writing.

(4) The ULP shall be by the complainant or the exclusive representative, and the complaint shall contain the following:

(a) the name, address, and telephone number of the complainant;

(b) the name, address, and telephone number of the party against whom the charge is made;

(c) a clear and concise statement of facts constituting the alleged violation, including the time and place of occurrence of the particular acts; and

(d) a statement of the statute or rules alleged to have been violated.

(5) If an individual employee is filing an unfair labor practice against an employer, the ULP complaint form shall include the signature of the employee's exclusive representative.

(a) If the employee does not have an exclusive representative, the ULP must so state.

(b) If the employee has an exclusive representative, and the ULP complaint form does not contain a signature of the exclusive representative, the complaint must include an explanation about why the exclusive representative is not involved.

(6) A board agent shall conduct an informal investigation of the ULP complaint.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-401, 39-31-402, 39-31-404, 39-32-109, 39-32-112, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1202 Stay of Informal Ulp Investigation

(1) If during the course of the informal investigation of the ULP, the board agent determines the charge may be resolved through the final and binding arbitration provisions contained in the applicable CBA, the board agent may issue a recommended order staying the informal investigation.

(2) A party may appeal the board agent's recommended order to stay proceedings by filing an objection with the board agent within 14 days after service of the recommended order.

(3) The board agent shall refer an appeal of the recommended order to stay the informal investigation to a hearing officer pursuant to ARM 24.26.1008.

(4) If the hearing officer affirms and adopts the board agent's recommended order to stay the informal investigation, the stay remains in place until there is a subsequent request to review the stay, or the hearing officer's order staying the informal investigation dissolves by operation of law.

(5) The board agent may dissolve the stay and continue with the informal investigation into the ULP if a party provides a written request to the board agent and a showing of at least one of the following:

(a) the ULP has not been resolved in a reasonable amount of time; or

(b) the arbitration decision has not resolved the ULP; or

(6) A decision by the board's agent to dissolve a stay is not appealable or subject to review.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-405, 39-32-112, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1204 Informal Investigation of Ulp by Board Agent

(1) The board agent assigned to investigate the ULP shall serve the complaint on each respondent charged with an unfair labor practice.

(2) The respondent shall file a written response to the complaint with the board within ten days of the board service of the ULP on the respondent.

(3) The board agent shall investigate the ULP and make a written finding of whether there is probable merit to support the ULP. The written finding will include a short summary of the investigation and the reasons for the board agent's determination. The board agent shall serve the finding on all complainants and respondents.

(a) If the board agent determines the ULP is supported by probable merit, the matter shall be set for a hearing before a hearing officer pursuant to ARM 24.26.1208. A minimum of five working days must pass between the date of service of the finding on all parties and the date of the hearing.

(b) If the board agent determines that the ULP is not supported by probable merit, the board agent shall issue a notice of intent to dismiss the ULP complaint.

(4) A party may request review of the notice of intent to dismiss the ULP complaint within ten days of receipt of the notice of intention to dismiss pursuant to ARM 24.26.1206.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-405, 39-32-112, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1206 Board Review of Dismissal of Ulp Complaint

(1) If a party disputes the board agent's notice of intent to dismiss the ULP complaint, the party shall file a written request for review by the board within ten days of receipt of the notice of intention to dismiss. The request for review must contain the specific factual and/or legal reasons that the board agent's finding of no probable merit was in error.

(2) If a board agent has received a request for review, the board agent shall issue a notice of time and place and briefing schedule as follows:

(a) A party who wishes to file a response brief to the request for review must file and serve the response brief within 14 days of service of the notice of time and place and briefing schedule.

(b) A party who wishes to file a reply brief to an opposing party's response brief must file and serve the reply brief within 14 days of service of the response brief.

(3) Briefing must comply with the formatting standards in ARM 24.26.242. A brief may not exceed 20 pages in length.

(4) Each party will be granted 20 minutes for oral argument before the board for each objection. The appellant party may reserve a portion of that time for rebuttal. Oral argument may be waived by the parties, except where it is requested by the board.

(5) On review, the board will consider the record as prepared by the board's agent in reaching the decision of no probable merit, any report detailing the investigation and analysis of the board's agent, and any argument set forth by interested parties.

(6) The board will review the board agent's notice of intent to dismiss.

(a) If the board determines that the charge is not supported by probable merit, the board shall issue a written order affirming the board agent's notice of intent to dismiss. The board order affirming the dismissal is the final agency decision of the board.

(b) If the board determines that the ULP complaint is supported by probable merit, the board shall issue a written order remanding the matter to a hearing officer pursuant to ARM 24.26.1208.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-405, 39-32-112, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1208 Hearing Officer Review of Ulp Complaint

(1) If the board agent or the board determines that the ULP complaint is supported by probable merit, the board shall refer the matter to a hearing officer to review the ULP complaint.

(2) The hearing officer shall issue a notice of time and place for the hearing. A minimum of five working days must pass between the date of service of the board's finding on all parties and the date of the hearing.

(3) In addition to any rights under 2-4-611, MCA, each party may move to disqualify the hearing officer appointed by the board, without cause. Each party may exercise this right one time, and the motion must be made within five days of service of the hearing officer's notice of time and place of the hearing.

(4) The respondent shall file a written answer with the hearing officer within a deadline set by the hearing officer. The respondent's answer shall address each allegation in the ULP complaint, including allegations raised by the board or the board agent during subsequent proceedings on the ULP complaint.

(5) The hearing officer shall review the ULP to determine if the ULP complaint is supported by a preponderance of the evidence.

(a) The hearing officer is not bound by the rules of evidence in this review.

(b) The hearing officer may allow persons to intervene and testify at the hearing.

(6) The hearing officer must issue a written recommended order including a written summary of testimony taken, recommended findings of fact, conclusions of law, and order.

(7) If a preponderance of the evidence does not support the ULP complaint, the hearing officer shall file a recommended order with the board dismissing the ULP complaint.

(8) If a preponderance of the evidence supports the ULP complaint, the hearing officer shall file an order with the board that orders respondent(s) to cease and desist from the unfair labor practice. The hearing officer shall order appropriate affirmative relief.

(a) The hearing officer may order reinstatement of an employee(s) or backpay.

(b) The hearing officer may order the respondent(s) to report to the board to ensure compliance with the order.

(c) The hearing officer and the board may not order reinstatement or backpay for an employee that was terminated for cause.

(9) A party that disputes the hearing officer's recommended order may file exceptions pursuant to ARM 24.26.254 within 20 days after service of the hearing officer's recommended order.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-405, 39-31-406, 39-32-112, MCA
History: NEW, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1210 Notice of Strike

(1) Any notice of strike given by the employees of a health care facility or their duly elected representative as is required by 39-32-110, MCA, must be simultaneously filed with the board.

History

Authorizing statute(s): 39-32-103, MCA
Implementing statute(s): 39-32-110, MCA
History: NEW, 1979 MAR p. 1492, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10; TRANS from ARM 24.25.206, 2020 MAR p. 2422, Eff. 12/25/20.

Subchapter 24.26.14 Mediation and Arbitration

Mont. Admin. R. 24.26.1401 Interest Mediation

(1) If a public employer and a labor organization have a dispute over the negotiation of a new or expired CBA, one or both of the parties shall file a written petition with the board for interest mediation.

(2) The petition shall be filed with the board pursuant to ARM 24.26.242 and ARM 24.26.244. The petition shall contain:

(a) the name, address, and telephone number of the labor organization and the organization's authorized representative;

(b) the name, address, and telephone number of the public employer;

(d) a description of the dispute in detail;

(e) a statement as to what assistance is requested; and

(f) a statement indicating if the request is unilateral or joint.

(3) A petition may be withdrawn with the consent of the board.

(4) Upon petition for interest mediation, department staff shall designate a qualified board agent to mediate the dispute. Upon the written request of both parties, department staff may instead request a mediator from the federal mediation and conciliation service, if one is available.

(5) All communications, oral or written, from the parties to the mediator and any information and evidence presented to the mediator during the proceeding are confidential. Such matters shall not be disclosed to a non-party to the mediation.

(6) The mediator shall not testify or produce any confidential records or evidence with regard to any mediation to a non-party without written consent of all parties or in any proceeding before any court, board, investigatory body, arbitrator, or fact finder.

(7) The mediator may hold separate or joint meetings with the parties or their representatives. Unless otherwise required by the constitution, mediations pursuant to this rule shall be held in private unless both parties agree in writing to waive private meetings.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-307, 39-31-308, 39-32-112, MCA
History: NEW, Eff. 6/4/74; AMD, 1984 MAR p. 599, Eff. 4/13/84; AMD, 1993 MAR p. 3026 and 2017 MAR p. 187, Eff. 1/1/94; TRANS from ARM 24.26.695 and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1402 Grievance Mediation

(1) When a dispute exists between a public employer and a labor organization over the meaning, interpretation or application of an existing collective bargaining agreement, the parties may request grievance mediation. The board, in its discretion, may designate a qualified labor mediator to mediate the dispute under the following conditions:

(a) the parties mutually agree to the request;

(b) the parties mutually agree to the conditions set by the board; and

(c) the parties mutually agree to waive the applicable time limitations in the collective bargaining agreement's grievance procedure.

(2) Matters disclosed to the mediator by the parties during the course of mediation shall be confidential and shall not be divulged unless approved by both parties to the dispute.

(3) In the event the dispute goes to arbitration, the mediator may not be called as a witness or otherwise called to divulge information or settlement offers which may have been discussed during mediation.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-306, 39-31-307, 39-32-112, MCA
History: NEW, 1993 MAR p. 3026, Eff. 1/1/94; TRANS from ARM 24.26.695A and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1404 Fact Finder

(1) Either the public employer or the exclusive representative may petition the board to initiate factfinding or, if public determination of facts and disagreements will expediate settlement, the board may initiate factfinding in accordance with 39-31-308, MCA.

(2) Within three days of receipt of a party's petition for factfinding, the board agent shall submit a list of five qualified, disinterested persons to each of the parties to the dispute.

(a) Within five days of receipt of the list, the parties shall select a fact finder by having the petitioner strike two names and then the other party strike two names. The remaining name is that of the fact finder.

(b) The parties shall notify the board agent of the name of the fact finder.

(3) The fact finder shall establish dates and places of hearings.

(4) Within 20 days from the date of hearing, the fact finder shall make written findings of fact and recommendations for resolution of the dispute. The findings shall be served on both parties and a copy sent to the board.

(5) The fact finder may request the board agent to make the report public five days after the parties are served with the findings.

(6) Fifteen days after the parties are served the board agent shall publicly post the fact finder's report.

(7) When a party petitions the board to initiate factfinding, the parties shall pay directly to the fact finder within ten days. When the board initiates factfinding, the parties shall pay the board within ten days and the board shall forward the total amount to the fact finder.

(8) Nothing in these rules prohibit the fact finder from mediating a matter that has been submitted for factfinding.

History

Authorizing statute(s): 39-31-104, MCA
Implementing statute(s): 39-31-309, MCA
History: NEW, Eff. 6/4/74; AMD, 1978 MAR p. 192, Eff. 2/24/78; AMD, 1993 MAR p. 3026, Eff. 1/1/94; AMD, 2014 MAR p. 969, Eff. 5/9/14; TRANS from ARM 24.26.697 and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1406 Arbitration

(1) The parties may submit issues to binding arbitration in accordance with 39-31-310, MCA.

(2) The parties may petition the board to provide a list of qualified arbitrators.

(3) Nothing in these rules shall be construed to limit the right of parties to select jointly any arbitrators or arbitration procedure acceptable to them.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-310, 39-32-112, MCA
History: NEW, Eff. 6/4/74; AMD, 1993 MAR p. 3026, Eff. 1/1/94; TRANS from ARM 24.26.698 and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Mont. Admin. R. 24.26.1408 Panel of Arbitrators and Fact Finders

(1) The board shall maintain a panel of qualified labor arbitrators and fact finders.

(2) Upon request by one or more parties to a labor dispute, a board agent shall provide the parties with a list of arbitrators or fact finders randomly selected from the board's panel.

(3) Panel members are expected to conform to the ethical standards and procedures set forth in the code of professional responsibility for arbitrators of labor disputes as approved by the national academy of arbitrators.

(4) Arbitrators or fact finders may submit a resume to the board at P.O. Box 201503, Helena, MT 59620, or by e-mailing the resume to dlierdbopa@mt.gov. Upon receipt of the resume and request to be included on the panel of arbitrators and fact finders, a board agent shall review the resume and make any necessary inquiries.

(5) Applicants will be accepted on the panel if they:

(a) are experienced in decision-making roles in the resolution of labor-management disputes, or have extensive experience in relevant positions in collective bargaining;

(b) are capable of conducting an orderly hearing, can analyze testimony and exhibits; and

(6) No advocate shall be listed on the panel. An advocate is a person who represents employers or labor organizations, as an employee, attorney or consultant, in matters related to collective bargaining. A person who was not an advocate when listed may not continue to be listed after becoming an advocate and must notify the board of such change in status immediately.

(7) A board agent shall review the panel of arbitrators and fact finders on a yearly basis and contact panel members to verify contact information, qualifications, and to ensure that panel members still wish to remain on the panel.

(8) When the board submits a list of arbitrators or fact finders to the parties, the names on the lists shall be drawn at random from the panel described above. However, the board will attempt to comply with a joint request of the parties to restrict the lists in any of the following ways:

(a) only arbitrators who are on the labor arbitration panel of the American Arbitration Association; or

(b) only arbitrators who are members of the National Academy of Arbitrators; or

(9) The parties may jointly request a second list of arbitrators or fact finders. A second list will consist of names drawn at random from the panel without regard to any restrictions requested by the parties.

(10) Arbitrators and fact finders selected by the parties shall notify the board of acceptance of appointments.

(11) Arbitrators and fact finders listed on the panel shall provide the board with a copy of all written decisions or recommendations.

History

Authorizing statute(s): 39-31-104, 39-32-103, MCA
Implementing statute(s): 39-31-308, 39-31-310, 39-32-112, MCA
History: NEW, 1993 MAR p. 3026, Eff. 1/1/94; TRANS from ARM 24.26.698A and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

Chapter 24.28 Workers' Compensation Mediation

Subchapter 24.28.1 Workers' Compensation Dispute Mediation--Jurisdiction Procedures And Reports

Mont. Admin. R. 24.28.101 Jurisdiction

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-2407, MCA
Implementing statute(s): 39-71-2408, MCA
History: NEW, 1987 MAR p. 890, Eff. 6/26/87; AMD, 1995 MAR p. 2818, Eff. 1/1/96; AMD, 1998 MAR p. 2871, Eff. 11/1/98; REP, 2022 MAR p. 1660, Eff. 8/6/22.

Mont. Admin. R. 24.28.102 Parties, Attendance, Representation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-2407, MCA
Implementing statute(s): 39-71-2411, MCA
History: NEW, 1987 MAR p. 890, Eff. 6/26/87; AMD, 1995 MAR p. 2818, Eff. 1/1/96; REP, 2022 MAR p. 1660, Eff. 8/6/22.

Mont. Admin. R. 24.28.103 Requests for Mediation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-2407, MCA
Implementing statute(s): 39-71-2411, MCA
History: NEW, 1987 MAR p. 890, Eff. 6/26/87; AMD, 1995 MAR p. 2818, Eff. 1/1/96; REP, 2022 MAR p. 1660, Eff. 8/6/22.

Mont. Admin. R. 24.28.104 Time Frames for Settlement Conferences--Notices

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-2407, MCA
Implementing statute(s): 39-71-2411, MCA
History: NEW, 1987 MAR p. 890, Eff. 6/26/87; AMD, 1995 MAR p. 2818, Eff. 1/1/96; REP, 2022 MAR p. 1660, Eff. 8/6/22.

Mont. Admin. R. 24.28.105 Motions to Dismiss for Failure to Meet Settlement Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-2407, MCA
Implementing statute(s): 39-71-2411, MCA
History: NEW, 1987 MAR p. 890, Eff. 6/26/87; AMD, 1995 MAR p. 2818, Eff. 1/1/96; REP, 2022 MAR p. 1660, Eff. 8/6/22.

Mont. Admin. R. 24.28.106 Mediation Conferences

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-2407, MCA
Implementing statute(s): 39-71-2411, MCA
History: NEW, 1987 MAR p. 890, Eff. 6/26/87; AMD, 1995 MAR p. 2818, Eff. 1/1/96; REP, 2022 MAR p. 1660, Eff. 8/6/22.

Mont. Admin. R. 24.28.107 Role of Mediator--Unrepresented Claimant

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-2407 MCA
Implementing statute(s): 39-71-2411 MCA
History: NEW, 1987 MAR p. 890, Eff. 6/26/87; AMD, 1995 MAR p. 2818, Eff. 1/1/96; REP, 2022 MAR p. 1660, Eff. 8/6/22.

Mont. Admin. R. 24.28.108 Mediator's Report--Recommendation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-2407 MCA
Implementing statute(s): 39-71-2409, 39-71-2411 MCA
History: NEW, 1987 MAR p. 890, Eff. 6/26/87; AMD, 1995 MAR p. 2818, Eff. 1/1/96; REP, 2022 MAR p. 1660, Eff. 8/6/22.

Mont. Admin. R. 24.28.109 Mediator's Report of Non-Cooperation

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 39-71-2407 MCA
Implementing statute(s): Sec. 39-71-2411 MCA
History: NEW, 1987 MAR p. 890, Eff. 6/26/87; REP, 1995 MAR p. 2818, Eff. 1/1/96.

Mont. Admin. R. 24.28.110 Notice to Mediator When Dispute Settled

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-2407, MCA
Implementing statute(s): 39-71-2411, MCA
History: NEW, 1987 MAR p. 890, Eff. 6/26/87; REP, 2022 MAR p. 1660, Eff. 8/6/22.

Mont. Admin. R. 24.28.111 Time-Computation Under Mediation Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-2407, MCA
Implementing statute(s): 39-71-2411, MCA
History: NEW, 1987 MAR p. 890, Eff. 6/26/87; AMD, 1995 MAR p. 2818, Eff. 1/1/96; REP, 2022 MAR p. 1660, Eff. 8/6/22.

Mont. Admin. R. 24.28.112 File Information

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-2407, MCA
Implementing statute(s): 39-71-2411, MCA
History: NEW, 1995 MAR p. 2818, Eff. 1/1/96; AMD, 1998 MAR p. 2871, Eff. 11/1/98; REP, 2022 MAR p. 1660, Eff. 8/6/22.

Mont. Admin. R. 24.28.121 Requests for Mediation

(1) A party may request mediation by submitting a request to the department:

(a) by mail: Dispute Resolution Section, P.O. Box 8011, Helena, MT 59604;

(b) by e-mail: dlierdmediation@mt.gov; or

(2) Electronically submitted documents may bear either a copied manual signature, or an electronic signature.

History

Authorizing statute(s): 39-71-2407, MCA
Implementing statute(s): 39-71-2411, MCA
History: NEW, 2022 MAR p. 1660, Eff. 8/6/22.

Mont. Admin. R. 24.28.125 Parties

(1) The following persons must attend mediation, and may be represented by counsel:

(a) the claimant;

(b) any potentially liable insurer or the uninsured employers' fund, through a designated representative; and

(2) Failure to attend mediation may result in dismissal or a report designating the party as having failed to cooperate in mediation.

History

Authorizing statute(s): 39-71-2407, MCA
Implementing statute(s): 39-71-2411, MCA
History: NEW, 2022 MAR p. 1660, Eff. 8/6/22.

Mont. Admin. R. 24.28.129 Mediation Process

(1) Mediation must be held within 45 days of receipt by the department of the request for mediation. The time for mediation may be extended by mutual agreement of the parties and the mediator.

(2) The department will issue a notice of mediation, setting forth the time and means of mediation. The notice of mediation will also set forth any documentation or information requests for consideration by the mediator. The parties may supplement the requested information.

(3) Mediation may be held by telephone or remote conferencing platform, or by request of the parties and at the discretion of the mediator, by any other means believed to be beneficial in reaching a conciliated outcome.

(4) The parties may jointly agree to keep open a mediation.

(5) No more than ten days after the close of mediation, the mediator will set forth a written recommendation for the parties.

History

Authorizing statute(s): 39-71-2407, MCA
Implementing statute(s): 39-71-2411, MCA
History: NEW, 2022 MAR p. 1660, Eff. 8/6/22.

Chapter 24.29 Workers' Compensation and Occupational Disease

Subchapter 24.29.1 Organizational Rule

Mont. Admin. R. 24.29.101 Division Organizational Rule

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Secs. 2-15-1702, 2-4-201 MCA
Implementing statute(s): 2-4-201 MCA
History: Eff. 12/31/72; AMD, Eff. 1/3/76; AMD, Eff. 2/25/78; AMD, Eff. 6/30/83; AMD, Eff. 9/30/83; AMD, Eff. 3/31/84; AMD, Eff. 9/30/84; AMD, Eff. 3/31/85; AMD, Eff. 6/30/85; AMD, 1985 MAR p. 1563, Eff. 10/18/85; AMD, Eff. 12/31/87; REP, 1994 MAR p. 2351, Eff. 8/12/94.

Subchapter 24.29.2 Procedural Rules

Mont. Admin. R. 24.29.201 Introduction

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-71-203, 39-72-203 MCA
Implementing statute(s): Title 2, chapters 3 and 4 MCA
History: Eff. 12/31/72; AMD, 1983 MAR p. 992, Eff. 7/29/83; AMD, 1996 MAR p. 1673, Eff. 7/1/96; REP, 2022 MAR p. 907, Eff. 6/11/22.

Mont. Admin. R. 24.29.202 Public Participation

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 2-15-1702 and 2-3-103 MCA
Implementing statute(s): Title 2, chapter 3, part 1 MCA
History: NEW, 1983 MAR p. 992, Eff. 7/29/83; REP, 1996 MAR p. 1673, Eff. 7/1/96.

Mont. Admin. R. 24.29.203 Adopttng, Amending, and Repealing Division Rules

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 2-15-1702 and 2-4-201 MCA
Implementing statute(s): Title 2, chapter 4, part 3 MCA
History: NEW, 1983 MAR p. 992, Eff. 7/29/83; REP, 1996 MAR p. 1673, Eff. 7/1/96.

Mont. Admin. R. 24.29.204 Issuing Declaratory Rulings

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 2-15-1702 and 2-4-201 MCA
Implementing statute(s): Title 2, chapter 4, part 5 MCA
History: NEW, 1983 MAR p. 992, Eff. 7/29/83; REP, 1996 MAR p. 1673, Eff. 7/1/96.

Mont. Admin. R. 24.29.205 Issuing Orders (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-71-203 and 39-72-203, MCA
Implementing statute(s): 2-4-201, 2-4-202, 39-71-116, 39-71-120, 39-71-415 and 39-72-203, MCA
History: NEW, 1983 MAR p. 992, Eff. 7/29/83; AMD, 1996 MAR p. 1673, Eff. 7/1/96; AMD, 2000 MAR p. 2701, Eff. 10/6/00; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.206 Administrative Review (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-71-203 and 39-72-202, MCA
Implementing statute(s): 39-71-204 and 39-72-402, MCA
History: NEW, 1983 MAR p. 992, Eff. 7/29/83; AMD, 1996 MAR p. 1673, Eff. 7/1/96; AMD, 2000 MAR p. 2701, Eff. 10/6/00; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.207 Contested Cases (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, 39-71-203, MCA
Implementing statute(s): Title 2, chapter 4, part 6, 33-16-1012, 39-71-204, 39-71-415, 39-71-704, 39-71-2401, 39-71-2905, MCA
History: NEW, 1983 MAR p. 992, Eff. 7/29/83; AMD, 1996 MAR p. 1673, Eff. 7/1/96; AMD, 1998 MAR p. 2872, Eff. 11/1/98; AMD, 2000 MAR p. 2701, Eff. 10/6/00; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.208 Subpoenas

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 2-15-1702 and 2-4-201 MCA
Implementing statute(s): 2-4-104 MCA
History: NEW, 1983 MAR p. 992, Eff. 7/29/83; REP, 1996 MAR p. 1673, Eff. 7/1/96.

Mont. Admin. R. 24.29.209 Representation

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 2-15-1702 and 2-4-201 MCA
Implementing statute(s): 2-4-106 MCA
History: NEW, 1983 MAR p. 992, Eff. 7/29/83; REP, 1996 MAR p. 1673, Eff. 7/1/96.

Mont. Admin. R. 24.29.210 Service

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 2-15-1702 and 2-4-201 MCA
Implementing statute(s): 2-4-106 MCA
History: NEW, 1983 MAR p. 992, Eff. 7/29/83; REP, 1996 MAR p. 1673, Eff. 7/1/96.

Mont. Admin. R. 24.29.213 Procedure for Issuing Workers' Compensation Determinations Regarding Employment Status, Including That of Independent Contractor (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-120 and 39-71-415 MCA
History: NEW, 1996 MAR p. 1673, Eff. 7/1/96; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.215 Time Limits (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203 and 39-72-203 MCA
Implementing statute(s): Title 2, chapter 6 and 2-4-702 MCA
History: NEW, 1987 MAR p. 1212, Eff. 7/31/87; AMD, 1996 MAR p. 1673, Eff. 7/1/96; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.221 Use of Signatures When Documents Are Being Electronically Transmitted

(1) For purposes of Title 39, chapter 71, MCA, except those which require a signature under oath, the department accepts electronic signatures as follows:

(a) an electronic scan or photocopy of a manual signature for documents transmitted to the department by fax or attached to electronic mail or File Transfer Service in portable document format; or

(b) a signature properly authenticated and verified by an electronic signature for which appropriate auditable records are available. Audit reports or records supporting the signature must be produced to the department upon request.

(2) An insurer may, at its discretion, require a document being submitted directly to it to bear an original manual signature.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-203, 39-71-717, MCA
History: NEW, 2018 MAR p. 2527, Eff. 1/1/19; AMD, 2021 MAR p. 276, Eff. 3/13/21.

Mont. Admin. R. 24.29.230 Orders and Appeals

(1) On request of any party or on its own, the department may issue an order on a dispute concerning workers' compensation. Any order issued must be in writing and signed by a department employee.

(2) A party aggrieved by an order which is not subject to a more specific appellate review procedure:

(a) may request reconsideration 30 days after the order was sent. A party who requested reconsideration may request a contested case hearing ten days after notice of the results of reconsideration are sent; or

(b) may, in the alternative to reconsideration, request a contested case hearing within 30 days of the date the order was sent.

(3) A party seeking judicial review of a final order of the department after a contested case hearing must file a petition with the Workers' Compensation Court within 30 days after the final order was sent.

(4) "Sent" for purposes of this rule means mailed, delivered by personal service, or transmitted electronically if electronic service has been consented to by the party.

History

Authorizing statute(s): 2-4-201, 39-71-203, MCA
Implementing statute(s): 2-4-201, 39-71-203, 39-71-2401, MCA
History: NEW, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.235 Uef Penalty Disputes

(1) A UEF penalty determination is final 15 days from the date it is sent to a party.

(2) A party disputing a UEF penalty determination must request a redetermination within 15 days of the date the determination is sent.

(3) A party disputing a UEF penalty redetermination must request mediation within 15 days of the date the redetermination was sent. Requested mediation must be completed pursuant to ARM Title 24, chapter 28.

(4) If mediation does not fully resolve the dispute, a party may request a hearing in accordance with Title 2, chapter 4, part 6, MCA. Requests for hearing must be received by the department within ten days from the date the mediator's report is sent. Failure to request a hearing means the original UEF penalty determination becomes final.

(5) Any party aggrieved by the order following hearing may petition the Workers' Compensation Court for judicial review, pursuant to Title 2, chapter 4, part 7, MCA.

(6) This rule governs procedures for disputes solely regarding penalties issued by the UEF. It does not apply to disputes for reimbursement regarding benefits paid by the UEF.

History

Authorizing statute(s): 2-4-201, 39-71-203, MCA
Implementing statute(s): 39-71-504, 39-71-506, 39-71-541, 39-71-2401, MCA
History: NEW, 2024 MAR p. 1066, Eff. 5/11/24.

Subchapter 24.29.6 Plan 1 Self-Insurance

Mont. Admin. R. 24.29.601 Definitions

For the purposes of ARM Title 24, chapter 29, subchapter 6, the following definitions apply:

(1) "Ability to pay" means sufficient financial strength and stability to:

(a) pay debts as they mature;

(b) pay benefits and all liabilities which are likely to be incurred under the Workers' Compensation Act, and the Occupational Disease Act for occupational diseases that occurred prior to July 1, 2005; and

(2) "Administrative review" as used in Title 39, chapter 71, part 21, MCA refers to the process set forth in ARM 24.29.230, except that the timelines specified in 39-71-2105, MCA, apply.

(3) "Applicant" means an employer or employer group that makes an election to self-insure under compensation plan no. 1, regardless of whether the election is a new election or a renewal of a prior election.

(4) "Audited financial statements" means a set of documents that includes the applicant's: income statement, balance sheet, statement of cash flow, notes to the financial statements, and a signed, dated independent certified public accountant's independent audit report.

(5) "Benefits" means wage loss, legal, medical, rehabilitation, and all other benefits that are payable under the Workers' Compensation Act and the Occupational Disease Act (Title 39, chapter 72, MCA) for occupational diseases that occurred prior to July 1, 2005, including assessments or financial obligations.

(6) "Claims summary" means a compilation of information relating to prior and existing claims made under the Workers' Compensation Act and the Occupational Disease Act for occupational diseases that occurred prior to July 1, 2005, by showing by policy year, the total number of medical and indemnity claims, total benefits paid, and the total amount reserved for future liabilities.

(7) "Employer group" means employers engaged in the same trades, businesses, occupations or professions who are members of an association which was formed for purposes other than becoming a self-insurer and has existed for a period of at least two years.

(8) "Occupational Disease Act" means Title 39, chapter 72, MCA, as it existed prior to July 1, 2005.

(9) "Public employer" means a city, county, city and county, school district, irrigation district, all other districts established by law, and all public corporations and quasi-public corporations and public agencies therein.

(10) "Reviewed financial statements" means a set of documents that includes the applicant's:

(a) income statement;

(b) balance sheet;

(d) notes to the financial statements; and

(e) a signed, dated statement from an independent certified public accountant expressing limited assurance that there are no material modifications that should be made to the statements, in order for them to be in conformity with generally accepted accounting principles.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102, 39-71-2103, 39-71-2104, 39-71-2105, 39-71-2106, 39-71-2107, 39-71-2108, MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 1996 MAR p. 2427, Eff. 5/1/96; AMD, 2000 MAR p. 2701, Eff. 10/6/00; AMD, 2012 MAR p. 1666, Eff. 8/24/12; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.604 Montana Self-Insurers Guaranty Fund--Acceptance Required for Private Employers or Private Groups

(1) The department will exchange all information with the guaranty fund pertinent to the department's review of the application.

(2) The guaranty fund shall demonstrate its concurrence or nonconcurrence with department approval of a private plan no. 1 applicant by submitting in writing to the department, a formal acceptance or denial of the plan no. 1 applicant.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2103, 39-71-2104, 39-71-2105, 39-71-2106, 39-71-2609, MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2012 MAR p. 1666, Eff. 8/24/12; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.607 Public Employers Other Than State Agencies

(1) The provisions of ARM Title 24, chapter 29, subchapter 6 apply to public employers and public employer groups, other than state agencies as defined in 39-71-403, MCA, except that the guaranty fund has no involvement in department decisions regarding public employers or public employer groups and public employers are not required to be members of the guaranty fund.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102, 39-71-2103, 39-71-2104, 39-71-2105, 39-71-2106, 39-71-2107, 39-71-2108, 39-71-2603, 39-71-2609, MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2012 MAR p. 1666, Eff. 8/24/12; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.608 Election to Be Bound by Compensation Plan No. 1-Eligibility (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403, 39-71-2101 through 39-71-2103, MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2012 MAR p. 1666, Eff. 8/24/12; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.609 Ability to Pay--Evidence Required

(1) Employers or employer groups electing to be self-insured shall demonstrate ability to pay benefits as required by the Workers' Compensation Act. The determination of the ability to pay is determined based on an analysis by the department, with the concurrence of the guaranty fund as provided by law. The employer or group shall provide the department with:

(a) audited financial statements;

(b) evidence of excess insurance, if required;

(d) an agreement (or parental agreement) of assumption and guarantee of workers' compensation and occupational disease liabilities, on forms prescribed by the department, if required; and

(e) other documentation as required by the department.

(2) An employer electing to self-insure that does not have audited statements prepared as a normal business practice may, with the prior approval of the department, and the concurrence of the guaranty fund, substitute reviewed financial statements for audited financial statements if the employer furnishes an increased security deposit.

(3) The department will analyze the information provided by the employer or employer group. The analysis will include review of excess insurance, security deposit and financial conditions, current and historical, related to their ability to pay compensation benefits.

History

Authorizing statute(s): 39-71-203, 39-71-2102, MCA
Implementing statute(s): 39-71-403, 39-71-2102, MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.610 When Security Required (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-403, 39-71-2106, MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2012 MAR p. 1666, Eff. 8/24/12; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.611 Security Deposit--Criteria

(1) When a security deposit is required, the following criteria apply:

(a) The department shall accept a surety bond only from companies certified by the United States Department of Treasury as "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," as published in the most recent Federal Register.

(i) A surety bond issued by a company that has a Best's rating of "A" or better and a financial size rating of X or greater will be approved.

(ii) A surety bond issued by a company that is rated by Best's, but does not meet the criteria specified in (1)(a)(i) will be considered for approval at the discretion of the department, with the concurrence of the guaranty fund.

(iii) A surety bond issued by a company not rated by Best's will be considered for approval at the discretion of the department, with the concurrence of the guaranty fund.

(b) The security deposit must name the department as obligee and must be held by the department as security for payment of all liabilities likely to be incurred under the Workers' Compensation Act, or the Occupational Disease Act for occupational diseases that occurred before July 1, 2005. The department, with the concurrence of the guaranty fund, shall retain a security deposit until all liabilities have been paid. In the event liabilities have not been met by the self-insurer, the department shall proceed pursuant to 39-71-2108, MCA. If the self-insurer has placed multiple forms of security deposits, the department shall, at its discretion, convert the deposits needed to pay claims.

(c) A security deposit in the form of a surety bond or letter of credit must include a statement that the grantor of the security deposit is required to give to the principal, the department and the guaranty fund, 60 days notice of its intent to terminate future liability. The grantor of the security deposit is not relieved of liability for injuries occurring prior to the effective date of termination.

(d) The security deposit must be issued on the forms prescribed by the department.

(e) A security deposit in the form of a certificate of deposit must be issued by a financial institution located within the United States and must be fully insured by a federally chartered insurance corporation.

(f) Letters of credit must be issued by a financial institution located within the United States with investment grade ratings issued by Moody's Investors Service, Standard & Poor's, or Fitch Ratings. If ratings from those rating entities are not available, the approval of the financial institution will be made at the discretion of the department, with the concurrence of the guaranty fund.

History

Authorizing statute(s): 39-71-203, 39-71-2106, MCA
Implementing statute(s): 39-71-403, 39-71-2106, MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2012 MAR p. 1666, Eff. 8/24/12; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.616 Excess Insurance--When Required

(1) Specific excess insurance is required of an employer or an employer group electing coverage under plan No. 1.

(2) Aggregate excess insurance is required by the department, with the concurrence of the guaranty fund, for an employer or an employer group unless substantive evidence is provided that it is not warranted. This evidence must include diversification of risk, industry type, financial resources, self-insured retention levels, policy limits of the specific excess policy, safety program, loss experience and other appropriate factors as determined relevant by the department, with the concurrence of the guaranty fund.

(3) The contract or policy of specific excess insurance and aggregate excess insurance must comply with the following:

(a) It is issued by a carrier admitted and licensed in Montana with a Best's Rating of A- or better and a financial size rating of VI or greater. Excess coverage issued by a carrier not rated by Best's will be considered for approval at the discretion of the department, with the concurrence of the guaranty fund.

(b) A self-insurer that anticipates that it may have material changes to the provisions or coverage of its excess insurance policy must notify the department of that possibility at least 30 days before the effective date of the changes.

(i) If there is a change in the provisions or coverage, the department has the authority to evaluate the changes related to the terms of the authorization to self-insure, and the department may, with the concurrence of the guaranty fund, make adjustments in the terms of that authorization accordingly.

(ii) In the event of a temporary extension of authority, the department may condition the renewal of self-insurance authority upon a suitable change in the amount of security required from the self-insurer.

(c) All excess policies must include department-approved endorsements for cancellation, commutation (if allowed), insolvency, and late claim reporting.

(d) It must include an endorsement regarding late claim reporting penalty waiver.

(e) All of the following will be applied toward the retention level in the excess insurance contract:

(i) payments made by the self-insurer;

(ii) payments made on behalf of the self-insurer from the proceeds of any security deposit as ordered by the department; and

(iii) payments made on behalf of the insolvent self-insurer by the guaranty fund.

(f) Copies of the certificates and policies of the excess insurance must be filed with the department for a determination that such certificates and policies fully comply with the provisions of the Workers' Compensation Act, the Occupational Disease Act, and ARM Title 24, chapter 29, subchapter 6.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2103, MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2012 MAR p. 1666, Eff. 8/24/12; AMD, 2018 MAR p. 2527, Eff. 1/1/19; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.617 Initial Election--Individual Employers

(1) An employer initially electing to be bound as a self-insurer shall provide the following:

(a) a completed application on forms provided by the department;

(b) audited financial statements for the last two years, or an employer that does not have audited financial statements prepared as a normal business practice may, with the prior approval of the department and the concurrence of the guaranty fund, substitute reviewed financial statements if the employer furnishes an increased security deposit approved by the department with the concurrence of the guaranty fund;

(c) proof that it has been in business for a period of not less than three years; however, at the discretion of the department, with the concurrence of the guaranty fund:

(i) a new employer created from the reorganization of a self-insured employer may elect to self-insure even though it has not been in existence for a period of three years. Such election must be made on the effective date of creation of the new employer;

(ii) an employer in business less than three years may be considered if its liability is guaranteed by a parent corporation which has been in business for a period of not less than three years. The department, with the concurrence of the guaranty fund, may accept a guarantee from an employer in lieu of a parental guarantee;

(iii) an employer whose liability is guaranteed by a parent corporation, or an employer shall provide a resolution and an agreement of assumption and guarantee of workers' compensation liabilities on forms prescribed by the department and submit two years of audited financial statements demonstrating the ability to pay compensation benefits;

(d) evidence that it has obtained an insurance policy of specific excess and if required, aggregate excess insurance with policy limits, nature of coverage, and retention amounts acceptable to the department, with the concurrence of the guaranty fund, as required in ARM 24.29.616;

(e) a claims summary of claims incurred in Montana from insurance companies who provided coverage for the preceding three years;

(f) evidence that its internal or contracted claims adjustment service is in compliance with 39-71-107, MCA;

(g) evidence that it has a written safety and loss control program;

(h) a security deposit in an amount required by the department with the concurrence of the guaranty fund;

(i) evidence that internal policies and procedures are satisfactory to administer a self-insurance program.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102, 39-71-2103, MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2012 MAR p. 1666, Eff. 8/24/12; AMD, 2024 MAR p. 1066, Eff. 5/11/24; AMD, 2025 MAR, Notice No. 2025-30, Eff. 7/1/25.

Mont. Admin. R. 24.29.618 Initial Election--Employer Groups

(1) An employer group applicant shall provide the following:

(a) a completed application on forms provided by the department;

(b) a list of individual employers making up the employer group;

(c) a signed copy of the by-laws adopted by the employer group, and all documents pertaining to formation, operation and contractual arrangements, including amendments and addenda;

(d) a copy of an agreement signed by each individual employer showing:

(i) each employer's agreement to accept joint and several liability for all workers' compensation and occupational disease liabilities incurred by the employer group;

(ii) provisions for addition of a new member to the self-insured employer group;

(iii) provisions for withdrawal and expulsion of a member from the self-insured employer group;

(iv) provision for power of attorney between the individual employers and the self-insured employer group;

(v) agreement to be bound by the by-laws and by the employer group's decisions; and

(vi) provisions for assessment for deficits;

(e) a copy of at least the most recent year's audited financial statements, or reviewed financial statements, if audited statements are not prepared as part of the employer's normal business practice, from each member of the employer group. The total premiums payable to the group from employers having reviewed financial statements shall not constitute more than 10 percent of the group's total premium. The department or the guaranty fund may require copies of additional years' audited or reviewed financial statements from the applicant.

(f) evidence that each private employer in the group has been in business for a period of not less than three years;

(g) a claims summary from insurance carriers who provided coverage for claims incurred in Montana for each member of the employer group for the preceding three years;

(h) evidence of specific excess and if required, aggregate excess insurance with policy limits and retention amounts acceptable to the department and guaranty fund;

(i) a security deposit in an amount as required by the department, with the concurrence of the guaranty fund;

(j) evidence of its internal or contracted claims adjustment service in compliance with 39-71-107, MCA;

(k) identification of the financial institution the employer group will use to deposit and withdraw funds for purposes of paying workers' compensation and occupational disease liabilities;

(l) an explanation of how claims reserves will be established on each case and the method of review to assure accuracy and adequacy of the amount of the reserves;

(m) the estimated annual premium to be paid by each member of the employer group;

(n) a projection of annual administrative expenses;

(o) evidence that the employer group has an effective written safety and loss control program;

(p) evidence that internal policies and procedures are satisfactory to operate a group self-insurance program;

(q) resolution by each member authorizing participation in the program;

(r) resolution designating authorized signatures for participation in the program;

(s) a feasibility study conducted by a certified actuary to include an actuarial forecasting of losses and recommended premium levels;

(t) a business plan for the employer group;

(u) pro forma financial statements for each of the first five years of the employer group's operation, to include any assumptions made; and

(v) copies of any contracts including, but not limited to, contracts with an administrative service company, claims examiner, and fiscal agent.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102, 39-71-2103, 39-71-2106, MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2012 MAR p. 1666, Eff. 8/24/12; AMD, 2024 MAR p. 1066, Eff. 5/11/24; AMD, 2025 MAR, Notice No. 2025-30, Eff. 7/1/25.

Mont. Admin. R. 24.29.621 New Members of Employer Groups

(1) An employer group which has been self-insured for at least one year may add employers with the approval of the department, and the concurrence of the guaranty fund. The employer group shall provide the following information about the new employer at least 90 days prior to the requested date of addition to the employer group:

(a) a completed application on forms provided by the department;

(b) resolution designating authorized signatures for participation in the program;

(i) agreement to accept joint and several liability for all workers' compensation benefits and occupational disease obligations incurred by the employer group;

(ii) provision for power of attorney between the new applicant and the employer group; and

(iii) agreement to be bound by the by-laws and by the employer group's decisions;

(d) copies of two years' audited or reviewed financial statements may be required from each new applicant by the department or the guaranty fund;

(e) a claims summary from insurance carriers who provided coverage for claims incurred in Montana during the preceding 3 years;

(f) evidence that the applicant has been accepted for coverage by the employer group's excess insurance carrier; and

(g) evidence that the private employer has been in business for a period of not less than 3 years; however, a new entity created from the reorganization of one or more self-nsured entities may elect to self-insure individually or as a member of a employer group even though the new entity has not been in existence for a period of 3 years. Such election shall be made on the effective date of the new employer entity.

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102, 39-71-2103, 39-71-2106 MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.622 Permission to Self-Insure (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403 and 39-71-2101 through 39-71-2103 MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.623 Renewal Required (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-403, 39-71-2104, MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2012 MAR p. 1666, Eff. 8/24/12; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.624 Revocation, Suspension, Termination, and Withdrawal of Permission

(1) The department may revoke its order granting permission to self-insure after determining that the self-insurer no longer meets the requirements of the statutes or ARM Title 24, chapter 29, subchapter 6. The self-insurer may appeal the department's revocation order in accordance with ARM 24.29.230. If a self-insurer's permission to self-insure is revoked, the employer(s) shall elect to be bound by compensation plan no. 2 or plan no. 3 on the effective date of the revocation of permission to self-insure.

(2) Suspension or termination of membership in the Montana self-insurers guaranty fund or failure to pay the department's annual assessment may result in automatic and immediate termination of the department's permission to self-insure in accordance with 39-71-2609 and 39-71-2105 , MCA.

(3) An employer or employer group which is self-insured under plan no. 1 which intends to withdraw as a self-insurer or withdraw the self-insurance status of any subsidiaries, or members, shall notify the department and the guaranty fund, in writing, of its intent at least 60 days in advance of the change in status. Until all liabilities have been paid, the employer or employer group remains subject to these rules.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102, 39-71-2103, 39-71-2104, 39-71-2105, 39-71-2106, 39-71-2107, 39-71-2108, 39-71-2609, MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.627 Right to Review (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-403, 39-71-2101 through 39-71-2108 and 39-71-2905, MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2000 MAR p. 2701, Eff. 10/6/00; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.628 Notification of Changes in Self-Insurer Status Required

(1) The self-insurer shall notify the department in writing:

(a) 60 days prior to implementing changes that may affect its self-insurance status including but not limited to:

(i) name, controlling ownership, legal status, change in proposed employer group membership, or permanent employment location;

(ii) permanent increase or decrease of more than 25% in the number of employees in Montana; or

(iii) changes in the policies, procedures or administration of its self insurance program; and

(b) within 30 days subsequent to:

(i) adverse material change in financial status;

(ii) adverse material change in liabilities;

(iii) changes in excess coverage;

(iv) permanent reductions, shutdowns, suspensions, or closures of Montana operations; or

(v) new or additional location of employment in Montana as a result of a significant change of operations.

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403 and 39-71-2101, 39-71-2102, 39-71-2103, 39-71-2104, 39-71-2105, 39-71-2106, 39-71-2107, 39-71-2108 MCA
History: NEW, 1996 MAR p. 1151, Eff. 5/1/96; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.631 Self-Insured Employers and Groups -- Transfer of Claim Liabilities

(1) Any current or former self-insurer or group may transfer existing workers' compensation liabilities to another entity upon authorization from the department and concurrence of the guaranty fund. The self-insurer or group shall:

(a) make application for the transfer of the claims; and

(b) provide an actuarial analysis of the claims to be transferred.

(2) The transfer application and approval process and guidelines will be consistent with the application and approval process for all new or proposed self-insured entities as provided by part 21 of the Workers' Compensation Act and ARM Title 24, chapter 29, subchapter 6.

(3) The independent actuarial analysis of the employer's or group's claim liabilities must be made using the preceding year's data, including all years of self-insurance liabilities. The actuarial report must be completed by a qualified actuary as defined by the American Academy of Actuaries.

(4) After the transfer of claims liabilities is complete, the new owner of the claims liabilities will have the same reporting requirements as all other prior self-insureds in Montana.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-2115, MCA
History: NEW, 2012 MAR p. 1666, Eff. 8/24/12.

Mont. Admin. R. 24.29.635 Renewal

(1) A self-insured employer or employer group must renew each year. The renewal application must be submitted to the department 60 days before the renewal date.

(2) A renewal applicant must:

(a) submit all required documents; and

(b) be in compliance with laws governing plan No. 1 employers and groups.

(3) A self-insured employer or employer group not renewing shall elect to be bound by plan No. 2 or 3 on the effective date of the termination of permission to self-insure.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-2104, MCA
History: NEW, 2024 MAR p. 1066, Eff. 5/11/24.

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403 and 39-71-2101 to 39-71-2109 MCA
History: NEW, 1984 MAR p. 983, Eff. 7/2/84; AMD, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; AMD, 1995 MAR p. 669, Eff. 5/1/95; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702B WHEN SECURITY REQUIRED (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702B WHEN SECURITY REQUIRED

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403, 39-71-2106 and 39-71-2107 MCA
History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; AMD, 1995 MAR p. 669, Eff. 5/1/95; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702C SURETY BOND SECURITY DEPOSIT--AMOUNTS REQUIRED (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702C SURETY BOND SECURITY DEPOSIT--AMOUNTS REQUIRED

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403, 39-71-2106 and 39-71-2107 MCA
History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; AMD, 1995 MAR p. 669, Eff. 5/1/95; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702D SURETY BONDS--CRITERIA (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702D SURETY BONDS--CRITERIA

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403, 39-71-2106 and 39-71-2107 MCA
History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702E EXCESS INSURANCE (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702E EXCESS INSURANCE

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102 and 39-71-2103 MCA
History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702F INITIAL ELECTION--INDIVIDUAL EMPLOYERS (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702F INITIAL ELECTION--INDIVIDUAL EMPLOYERS

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102, and 39-71-2103 MCA
History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; AMD, 1995 MAR p. 669, Eff. 5/1/95; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702G INITIAL ELECTION--GROUPS OF EMPLOYERS AND NEW MEMBERS OF EXISTING GROUPS (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702G INITIAL ELECTION--GROUPS OF EMPLOYERS AND NEW MEMBERS OF EXISTING GROUPS

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102, 39-71-2103 and 39-71-2106 MCA
History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; AMD, 1993 MAR p. 2240, Eff. 10/1/93; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702H PERMISSION (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702H PERMISSION

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403, 39-71-2101, 39-71-2102, and 39-71-2103 MCA
History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702I RENEWAL REQUIRED (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702I RENEWAL REQUIRED

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403 and 39-71-2104 MCA
History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702J RENEWAL--INDIVIDUAL EMPLOYERS (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702J RENEWAL--INDIVIDUAL EMPLOYERS

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403 and 39-71-2104 MCA
History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1995 MAR p. 669, Eff. 5/1/95; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702K RENEWAL--GROUP OF EMPLOYERS (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702K RENEWAL--GROUP OF EMPLOYERS

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403 and 39-71-2104 MCA
History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1993 MAR p. 2240, Eff. 10/1/93; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702L SUSPENSION AND REVOCATION OF PERMISSION (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702L SUSPENSION AND REVOCATION OF PERMISSION

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403 and 39-71-2104 MCA
History: NEW, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702M TERMINATION BY SELF-INSURER (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702M TERMINATION BY SELF-INSURER

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403 and 39-71-2101 to 39-71-2109 MCA
History: NEW, 1984 MAR p. 983, Eff. 7/2/84; AMD, 1986 MAR p. 1903, Eff. 11/15/86; AMD, 1987 MAR p. 2385, Eff. 1/1/88; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702N REVIEW PROCESS (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702N REVIEW PROCESS

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 MCA
Implementing statute(s): 39-71-403 and 39-71-2101 to 39-71-2109 MCA
History: NEW, 1984 MAR p. 983, Eff. 7/2/84; AMD, 1986 MAR p. 1903, Eff. 11/15/86; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.702O NOTIFICATION OF CHANGES (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

24.29.702O NOTIFICATION OF CHANGES

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-403 and 39-71-2101 to 39-71-2109, MCA
History: NEW, 1987 MAR p. 2385, Eff. 1/1/88; REP, 1996 MAR p. 1151, Eff. 5/1/96.

Mont. Admin. R. 24.29.703 Evidence of Coverage

(1) Insurance policies under plan No. 2 or 3 must include:

(a) Montana in section 3A of the coverage declarations page; or

(b) Montana in section 3C of the other or all-states coverage declarations page, expressly as a state to which the policy extends coverage.

(2) To be valid for the purpose of electing coverage, the insurer must be authorized by the insurance commissioner to sell workers' compensation insurance in Montana.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-401, MCA
History: NEW, 1984 MAR p. 983, Eff. 7/2/84; AMD, 1998 MAR p. 2872, Eff. 11/1/98; AMD, 2018 MAR p. 2527, Eff. 1/1/19; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.704 Who Must Be Bound (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-401, MCA
History: NEW, 1984 MAR p. 983, Eff. 7/2/84; AMD, 1995 MAR p. 1953, Eff. 10/1/95; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.705 Corporate Officer Exemption

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-401, MCA
History: AMD, 1984 MAR p. 983, Eff. 7/2/84; TRANS, from ARM 24.29.3201, Eff. 7/2/84; AMD, 1986 MAR p. 49, Eff. 1/17/86; AMD, 1995 MAR p. 1953, Eff. 10/1/95; REP, 2000 MAR p. 2701, Eff. 10/6/00.

Mont. Admin. R. 24.29.706 Election Not to Be Bound--Independent Contractor

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 and 39-71-401 MCA
Implementing statute(s): 39-71-401 MCA
History: NEW, 1984 MAR p. 983, Eff. 7/24/84; AMD, 1992 MAR p. 2759, Eff. 12/25/92; REP, 1996 MAR p. 1303, Eff. 5/10/96.

Mont. Admin. R. 24.29.706A APPLICATION FOR INDEPENDENT CONTRACTOR EXEMPTION

24.29.706A APPLICATION FOR INDEPENDENT CONTRACTOR EXEMPTION

(IS HEREBY TRANSFERRED TO ARM 24.35.111)

History

Authorizing statute(s): 39-71-203 and 39-71-401 MCA
Implementing statute(s): 39-71-120, 39-71-401 and 39-71-409 MCA
History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p. 1863, Eff. 7/1/96.

Mont. Admin. R. 24.29.706B RENEWAL OF INDEPENDENT CONTRACTOR EXEMPTION

24.29.706B RENEWAL OF INDEPENDENT CONTRACTOR EXEMPTION

(IS HEREBY TRANSFERRED TO ARM 24.35.116)

History

Authorizing statute(s): 39-71-203 and 39-71-401 MCA
Implementing statute(s): 39-71-120 and 39-71-401 MCA
History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p. 1863, Eff. 7/1/96.

Mont. Admin. R. 24.29.706C APPLICATION FEE FOR INDEPENDENT CONTRACTOR EXEMPTTON

24.29.706C APPLICATION FEE FOR INDEPENDENT CONTRACTOR EXEMPTTON

(IS HEREBY TRANSFERRED TO ARM 24.35.121)

History

Authorizing statute(s): 39-9-103, 39-71-203 and 39-71-401 MCA
Implementing statute(s): 39-9-206, 39-71-120 and 39-71-401 MCA
History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p. 1863, Eff. 7/1/96.

Mont. Admin. R. 24.29.706D SUSPENSION OR REVOCATION OF INDEPENDENT CONTRACTOR EXEMPTION

24.29.706D SUSPENSION OR REVOCATION OF INDEPENDENT CONTRACTOR EXEMPTION

(IS HEREBY TRANSFERRED TO ARM 24.35.131)

History

Authorizing statute(s): 39-71-203 and 39-71-401 MCA
Implementing statute(s): 39-71-120 and 39-71-401 MCA
History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p. 1863, Eff. 7/1/96.

Mont. Admin. R. 24.29.706E GUIDELINES FOR DETERMINING WHETHER AN INDEPENDENT CONTRACTOR EXEMPTION IS NEEDED

24.29.706E GUIDELINES FOR DETERMINING WHETHER AN INDEPENDENT CONTRACTOR EXEMPTION IS NEEDED

(IS HEREBY TRANSFERRED TO ARM 24.35.141)

History

Authorizing statute(s): 39-71-203 and 39-71-401 MCA
Implementing statute(s): 39-71-120 and 39-71-401 MCA
History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p. 1863, Eff. 7/1/96.

Mont. Admin. R. 24.29.707 Ineffective Election to Be Bound, Resulting Division Action

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-408, 39-71-504 and 39-71-507, MCA
History: NEW, 1984 MAR p. 983, Eff. 7/2/84; REP, 1998 MAR p. 2872, Eff. 11/1/98.

Mont. Admin. R. 24.29.708 Posting Insurance Status in Workplace

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203 and 39-71-401, MCA
Implementing statute(s): 39-71-401, MCA
History: NEW, 1984 MAR p. 983, Eff. 7/2/84; REP, 1998 MAR p. 2872, Eff. 11/1/98.

Mont. Admin. R. 24.29.709 Security Deposits for Plan Number Two Insurers -- Reports (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-2215, MCA
History: NEW, 2012 MAR p. 1666, Eff. 8/24/12; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.711 Status of Certain Personal Assistants for the Purpose of Workers' Compensation Laws

(1) For the purposes of workers' compensation and occupational disease laws, a person with a disability who receives services of a personal assistant or an immediately involved representative of the disabled person, such as a parent or guardian, is not the employer of the personal assistant despite the exercise of control over the selection, management and supervision of the personal assistant if:

(a) the personal assistant is providing services to the disabled person pursuant to 53-6-145 , MCA, and rules adopted by the department of public health and human services implementing that statute; and

(b) the personal assistant is the employee of another person or entity that has the right to exercise an employer's control over the personal assistant, including the right to discipline and terminate employment.

History

Authorizing statute(s): 53-6-145, MCA
Implementing statute(s): 53-6-145, MCA
History: NEW, 1995 MAR p. 2145, Eff. 10/13/95.

Mont. Admin. R. 24.29.713 Evidence of Insurance Coverage (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-304, 39-71-401, 39-71-402, 39-71-2201, and 39-71-2336, MCA
History: NEW, 1998 MAR p. 2872, Eff. 11/1/98; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.720 Payments That Are Not Wages--Employee Expenses

(1) Payments made to an employee to reimburse the employee for ordinary and necessary expenses incurred in the course and scope of employment are not wages if all of the following are met:

(a) the amount of each employee's reimbursement is entered separately in the employer's records;

(b) the employee could reasonably be expected to incur the expenses while traveling on the business of the employer;

(d) the reimbursement does not replace the customary wage for the occupation.

(2) Reimbursement for expenses may be based on any of the following methods that apply:

(a) for actual expenses incurred by the employee, to the extent that they are supported by receipts;

(b) for meals and lodging, at a flat rate no greater than the amount allowed to employees of the state of Montana pursuant to 2-18-501, MCA, for meals and lodging, unless, through documentation, the employer can substantiate a higher rate;

(c) for mileage, at a rate no greater than that allowed by the United States internal revenue service for that year, provided that the individual actually furnishes the vehicle;

(d) for equipment other than vehicles, the reasonable rental value for that equipment;

(e) for heavy equipment, including but not limited to semi-tractors or bulldozers, the reasonable rental value may not exceed 75% of the employee's gross remuneration;

(f) for drivers utilized or employed by a motor carrier, meal and lodging expenses may be reimbursed by either of the methods provided in (2)(a) or (b) for each calendar day the driver is on travel status.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-123, MCA
History: NEW, 1992 MAR p. 2753, Eff. 12/25/92; AMD, 1995 MAR p. 1953, Eff. 1/1/96; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.721 Value of Employer-Furnished Housing

(1) For the purposes of this rule, the following definitions apply:

(a) "Agricultural employer" means an employer whose operations are assigned to an agricultural classification code for workers' compensation purposes. The term is intended to be consistent with the definition of agriculture provided by 15-1-101, MCA.

(b) "Bedroom" means a room in a dwelling that is primarily used for sleeping.

(d) "Zero bedrooms" means a dwelling that is an efficiency, dormitory, or a bunkhouse.

(2) For the purposes of calculating wages pursuant to 39-71-123, MCA, the monthly fair rental value, in U.S. dollars, for housing is established for each county in Montana. The rental value is specified in the publications below, available on the department's website or on request:

(a) "Montana Workers Compensation Housing, Rent or Lodging Monthly Rates, 2026" beginning July 1, 2026.

(b) All prior editions of “Montana Workers Compensation Housing, Rent or Lodging Monthly Rates” are available on the department's website.

(3) In recognition of Montana's rural nature and expansive landscape, and the fact that housing supplied by an agricultural employer is likely to be remotely situated and distant from communities with an established rental housing market, housing furnished by an agricultural employer is discounted by 50 percent of the fair rental value for housing established in (2) of this rule, for the county in which the dwelling is located.

(4) If an individual is not currently using the room for sleeping, it is not considered a bedroom for the purpose of this rule.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-123, MCA
History: NEW, 2018 MAR p. 640, Eff. 4/1/18; AMD, 2024 MAR p. 1066, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-30, Eff. 7/1/25; AMD, 2026 MAR, Notice No. 2026-88, Eff. 7/1/26.

Subchapter 24.29.8 Rules of Practice

Mont. Admin. R. 24.29.801 Accident Reporting

(1) A plan No. 2 or plan No. 3 employer shall submit the first report of injury/occupational disease form to its insurer within six days of notice of an accident, injury, or occupational disease. If a first report is improperly sent to the department, it will be forwarded to the insurer, if any.

(2) An employer not covered by workers' compensation shall submit the report to the department.

(3) An employee may submit a report to the department.

History

Authorizing statute(s): 39-71-203, 39-71-307, MCA
Implementing statute(s): 39-71-307, 39-71-603, MCA
History: Eff. 12/31/72; AMD, Eff. 1/3/76; AMD, 1998 p. 2872, Eff. 11/1/98; AMD, 2013 MAR p. 841, Eff. 5/24/13; AMD, 2024 MAR p. 1066, Eff. 5/11/24; AMD, 2025 MAR, Notice No. 2025-30, Eff. 7/1/25.

Mont. Admin. R. 24.29.802 Support Documents for Reporting

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-203, MCA
History: Eff. 12/31/72; AMD, Eff. 2/5/76; AMD, 1990 MAR p. 2183, Eff. 12/14/90; REP, 1998 MAR p. 2872, Eff. 11/1/98.

Mont. Admin. R. 24.29.803 Compensation to Be Paid

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-740, MCA
History: Eff. 12/31/72; REP, 1998 MAR p. 2872, Eff. 11/1/98.

Mont. Admin. R. 24.29.804 Examiners and Third-Party Administrators in Montana (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-107, 39-71-203, MCA
Implementing statute(s): 39-71-105, 39-71-107, 39-71-320, MCA
History: Eff. 12/31/72; AMD, Eff. 2/5/76; AMD, 2000 MAR p. 2701, Eff. 10/6/00; AMD, 2013 MAR p. 841, Eff. 5/24/13; AMD, 2019 MAR p. 2119, Eff. 12/1/19; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.805 Continuity of Compensation Payment

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-741, MCA
History: Eff. 12/31/72; AMD, Eff. 2/5/76; REP, 1998 MAR p. 2872, Eff. 11/1/98.

Mont. Admin. R. 24.29.806 Medical Evaluations

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-307, 39-71-604, MCA
History: Eff. 12/31/72; REP, 1990 MAR p. 2183, Eff. 12/14/90.

Mont. Admin. R. 24.29.807 Protection of Persons

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-203, MCA
History: Eff. 12/31/72; AMD, Eff. 1/3/77; REP, 1998 MAR p. 2872, Eff. 11/1/98.

Mont. Admin. R. 24.29.808 General Rules

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-203, 39-71-605 and 39-71-1001, MCA
History: Eff. 12/31/72; REP, 1998 MAR p. 2872, Eff. 11/1/98.

Mont. Admin. R. 24.29.811 Purpose of Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-320, MCA
History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; REP, 2019 MAR p. 2119, Eff. 12/1/19.

Mont. Admin. R. 24.29.813 Definitions

For purposes of this subchapter, the following definitions apply:

(1) "Certified claims examiner" means a claims examiner who is in compliance with the requirements of 39-71-320, MCA.

(2) "Credit hours" means the value assigned to a course by the department, upon review and approval of course materials and content outline.

(3) "Hour," for the purposes of continuing education credits, means a 50-minute period.

(4) "Instructor" means an individual who meets the requirements set forth in ARM 24.29.844, is identified by a sponsoring organization in a course submission, participates in course presentations, activities and discussions, and who may monitor the attendance and conduct of course participants, or administer examinations.

(5) "New hire" means a person who has:

(a) not been previously employed by the insurer or third-party administrator as a claims examiner;

(b) been separated from employment with the insurer or third-party administrator for at least 60 days and is required to complete new hire paperwork such as a Form I-9 or Form W-4; or

(6) "Significant change" means a change in two or more of the following course elements:

(a) course goals or objectives;

(b) major course topic(s);

(d) syllabus or course outline;

(e) teaching method; or

(f) examination method.

(7) "Sponsoring organization" means any group(s) or organization(s) and their agent(s) that submit courses for department review and offer or provide approved courses for continuing education credit to allow claims examiner certification and are responsible for those course offerings.

(8) "Trainee" means an employee who has no prior claims examiner experience and is participating in a program by which the employer prepares the trainee to carry out the essential functions of a certified claims examiner.

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-107, 39-71-320, MCA
History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; AMD, 2019 MAR p. 2119, Eff. 12/1/19; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.816 Decisions Which Must Be Made by a Certified Claims Examiner

(1) Except as provided by ARM 24.29.818 and this rule, only a certified claims examiner may perform the tasks identified by 39-71-116, MCA, as being the responsibility of a claims examiner.

(2) After an insurer or its agent has accepted liability for the claim or has begun paying benefits under a reservation of rights (including pursuant to 39-71-608, MCA), a certified claims examiner is responsible for making any decision that denies, reduces, or changes the type or level of benefits being provided to an injured worker or the survivors of an injured worker.

(3) A person does not violate this rule if under the following circumstances, a person not certified as a claims examiner denies initial liability on a new claim, when the first report of injury clearly shows that the alleged incident has not resulted in:

(a) professional medical evaluation or treatment;

(b) loss of work exceeding the shift during which the accident occurred; or

(4) A claim denied under the circumstances described in (4) must identify in the denial letter the certified claims examiner who is accountable for the decision to deny the claim.

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-107, 39-71-116, 39-71-320, MCA
History: NEW, 2019 MAR p. 2119, Eff. 12/1/19; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.817 Applicability of Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-320, MCA
History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; REP, 2019 MAR p. 2119, Eff. 12/1/19.

Mont. Admin. R. 24.29.818 New Hires and Claims Examiner Trainees – Designation of Certified Claims Examiner to Be Accountable for Decisions

(1) A new hire or claims examiner trainee may, for a period of not more than 180 days, perform tasks otherwise required to be performed by a certified claims examiner, if the employer has designated a certified claims examiner as being accountable for the decisions made by the new hire or claims examiner trainee.

(2) Record of the accountable certified claims examiner must be maintained, including any change of accountability. The records must be provided to the department and the injured worker or their attorney if requested in writing.

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-107, 39-71-320, MCA
History: NEW, 2019 MAR p. 2119, Eff. 12/1/19; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.821 Certification of Claims Examiners

(1) Claims examiners must be certified by the department upon the following:

(a) completion of the application form provided by the department;

(b) payment of the required fees; and

(2) Certification is for a two-year period. The certification date is the date of the successfully completed examination.

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-107, 39-71-320, MCA
History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; AMD, 2019 MAR p. 2119, Eff. 12/1/19; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.824 Examination for Claims Examiners

(1) Certified claims examiner applicants must take and pass the department-approved examination.

(2) Any person taking an examination may use a copy of Title 39, chapter 71, MCA, during the test procedure.

(3) A passing score on an examination is at least 80 percent.

(a) An applicant for claims examiner certification may take the examination up to three times in a 180-day period. If an applicant does not pass the examination within that 180-day period, the applicant must wait 60 days before taking the examination again.

(b) The examination fee must be paid for each examination taken.

(4) Any examination completed through dishonest or fraudulent means is given a score of 0.

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-107, 39-71-320, MCA
History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; AMD, 2019 MAR p. 2119, Eff. 12/1/19; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.826 Reporting of Employment Status or Change of Address to the Department

(1) A certified claims examiner must report to the department, within 20 days of the event:

(a) the name and address of an insurer or third-party administrator who has hired the person to be employed as a certified claims examiner, and the date of hire;

(b) the date of separation of employment from that employer; and

(2) An insurer or third-party administrator must report to the department, within 20 days of the event, the name and date of hire of any person who will be working as a claims examiner for the employer as either a:

(a) new hire; or

(b) claims examiner trainee.

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-107, 39-71-320, MCA
History: NEW, 2019 MAR p. 2119, Eff. 12/1/19.

Mont. Admin. R. 24.29.827 Waiver of Examination

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-320, MCA
History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; REP, 2019 MAR p. 2119, Eff. 12/1/19.

Mont. Admin. R. 24.29.831 Lapse in Certification

(1) If a certification has lapsed but application for renewal is received within 24 months from the renewal date, the claims examiner must pay the application fee and provide evidence of sufficient continuing education credits received during the lapsed period.

(2) If a certification has lapsed greater than 24 months from the renewal date, the claims examiner shall submit an initial application for certification, pay the required fees, and successfully pass an examination to become a certified claims examiner. The continuing education credit requirement for renewal starts over with the new certification period.

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-107, 39-71-320, MCA
History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; AMD, 2019 MAR p. 2119, Eff. 12/1/19; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.834 Continuing Education Requirements for Renewal

(1) Certification shall be renewed upon:

(a) payment of the applicable fee;

(b) completion of the renewal form provided by the department at any time during the certification period, but no later than the expiration of the certification period;

(c) verification of completion of 24 hours of approved continuing education courses during the current certification period, to include at least:

(i) four hours of training on workers' compensation statutes, administrative rules, and case law since the last certification; and

(ii) one hour of training on appropriate and ethical communication; and

(iii) other approved continuing education courses which may include but are not limited to mediation/negotiation; medical terminology; human anatomy; interpreting medical records; injured worker's rights and responsibilities; insurers' rights and responsibilities; prevention of injuries; stay-at-work/return-to-work training; and medical fee schedule reimbursements.

(2) The department may accept workers' compensation continuing education courses approved by the Office of Public Instruction, the state bar of Montana or the Montana insurance commissioner for the adjuster license requirements which meet the course criteria specified in these rules toward the 24 hours of approved courses required for the claims examiner certification renewal.

(3) No more than six hours of approved continuing education courses may be carried over to the next certification period. The request for approved continuing education courses to be carried over must be submitted with the renewal application for which the courses were taken.

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-107, 39-71-320, MCA
History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; AMD, 2019 MAR p. 2119, Eff. 12/1/19.

Mont. Admin. R. 24.29.837 Review and Approval of Continuing Education Courses by Department

(1) Any sponsoring organization that requests continuing education credits be approved by the department for training must complete and submit a request on a form provided by the department.

(2) The department shall review the course submission and determine whether to approve the course and the number of credit hours to be awarded for completion of the course.

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-107, 39-71-320, MCA
History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; AMD, 2019 MAR p. 2119, Eff. 12/1/19; AMD, 2024 MAR p. 5/11/24.

Mont. Admin. R. 24.29.841 Course Submissions

(1) The following standards, by which acceptability of submitted courses are evaluated, must all be certified by the sponsoring organization:

(a) the practical and academic experience of each faculty member is sufficient to teach the subject assigned;

(b) the course enhances the ability of a claims examiner to provide claims handling services to the public effectively;

(2) Submissions for approval of courses must include all information requested by the department on the form for submission.

(3) Requests for advance approval of courses must be received by the department no less than 30 days prior to the anticipated starting date of the course.

(4) Requests for approval of courses already held must be received prior to December 31 of the calendar year in which the activity was presented.

(5) Charges for courses must be clearly disclosed to students before enrollment:

(a) if a course is canceled for any reason, all charges are refundable in full, unless the refund policy is clearly defined in the enrollment application;

(b) in instances requiring refunds under (6)(a), the charges must be refunded within 45 days of cancellation;

(c) in the event that a continuing education provider postpones a course for any reason, the provider must give the students a choice of attending a course at a later date or having their charges refunded in full. The provider must refund the charges within 45 days of the postponement unless the student notifies the provider that the student has chosen to attend a later course;

(d) a sponsoring organization may have a refund policy addressing a student's cancellation or failure to complete a course, as long as that policy is made clear to potential students.

(6) A sponsoring organization must provide proof of course completion to each course participant who successfully completes the approved course of study within one month of course completion or prior to the end of the calendar year during which the participant completed the course. The department may grant the sponsoring organizations up to two months to provide such proof of course completion, if the sponsoring organization notifies the course participants in writing, in advance of the course.

(7) Sponsoring organizations who add qualified course instructors after a course is approved must submit the names of those instructors to the department at least three days prior to the course offering.

(8) Course approval is for a period of two years following the course approval date.

(9) Sponsoring organizations must resubmit courses for new review and certification whenever significant changes in course content are made.

(10) The minimum number of credits that the department may award is one credit.

(11) No course may be advertised as having been approved for credit by the department until the sponsoring organization receives written approval from the department.

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-320, MCA
History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.844 Qualifications for Instructors

(1) Instructors must have experience in at least one of the following for the department to approve the course:

(a) three or more years of managerial, supervisory, technical, or teaching experience as a subject matter expert;

(b) appropriate national designations; or

(2) An instructor may be disqualified if that person has:

(a) intentionally falsified documents filed with the department; or

(b) intentionally misrepresented course approval, credit hour assignment, curriculum, or course content to students or prospective students.

(3) Certified claims examiners teaching or lecturing approved courses will be credited with two times the number of approved credit hours of courses they instruct.

(4) Proctors will not earn continuing education credit for their services.

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-320, MCA
History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.847 Fees for Certification, Examination, Renewal, and Course Approval Submission

(1) The following fees apply to the certified claims examiner program:

(a) initial application for certification $100

(b) examination 75

(d) renewal application for lapsed certification 100

(e) approval of a continuing education course 75

(2) All fees are payable in advance.

(3) All fees are nonrefundable.

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-320, MCA
History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; AMD, 2019 MAR p. 2119, Eff. 12/1/19.

Mont. Admin. R. 24.29.851 Maintenance of Certification Documentation (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-320, MCA
Implementing statute(s): 39-71-105, 39-71-320, MCA
History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201 and 39-71-408, MCA
History: NEW, 2004 MAR p. 645, Eff. 3/26/04; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.908 Penalties, Administrative Fines, and Interest

(1) Any assessment payment, surcharge remittance, summary report, or quarterly expenditure report received by the department more than five days past the due date is considered to be late.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, 39-71-306, 39-71-915, 39-71-1049, 50-71-128, MCA
History: NEW, 2004 MAR p. 645, Eff. 3/26/04; AMD, 2012 MAR p. 1666, Eff. 8/24/12; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.909 Recalculation of Administrative Assessments Made in Fiscal Years 1992 - 1995

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

Mont. Admin. R. 24.29.912 Administrative Assessment Methodology for Fiscal Year 1992

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

Mont. Admin. R. 24.29.913 Administrative Assessment Methodology for Fiscal Year 1993

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

Mont. Admin. R. 24.29.914 Administrative Assessment Methodology for Fiscal Year 1994

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

Mont. Admin. R. 24.29.915 Administrative Assessment Methodology for Fiscal Year 1995

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

Mont. Admin. R. 24.29.916 Administrative Assessment Methodology for Fiscal Year 1996

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

Mont. Admin. R. 24.29.917 Administrative Assessment Methodology for Fiscal Year 1997

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

Mont. Admin. R. 24.29.918 Assessment Methodology for Fiscal Years 1998 and 1999

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

Mont. Admin. R. 24.29.921 Recalculation of Administration Fund Assessments Made in Fiscal Years 1992 - 1995

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; REP, 2004 MAR p. 645, Eff. 3/26/04.

Mont. Admin. R. 24.29.922 Administration Fund Assessment Methodology for Fiscal Year 1992

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; REP, 2004 MAR p. 645, Eff. 3/26/04.

Mont. Admin. R. 24.29.923 Administration Fund Assessment Methodology for Fiscal Year 1993

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; REP, 2004 MAR p. 645, Eff. 3/26/04.

Mont. Admin. R. 24.29.924 Administration Fund Assessment Methodology for Fiscal Year 1994

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; REP, 2004 MAR p. 645, Eff. 3/26/04.

Mont. Admin. R. 24.29.925 Administration Fund Assessment Methodology for Fiscal Year 1995

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; REP, 2004 MAR p. 645, Eff. 3/26/04.

Mont. Admin. R. 24.29.926 Administration Fund Assessment Methodology for Fiscal Year 1996

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; REP, 2004 MAR p. 645, Eff. 3/26/04.

Mont. Admin. R. 24.29.927 Administration Fund Assessment Methodology for Fiscal Year 1997

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; REP, 2004 MAR p. 645, Eff. 3/26/04.

Mont. Admin. R. 24.29.928 Assessment Methodology for Fiscal Years 1998 and 1999

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, MCA
History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; REP, 2004 MAR p. 645, Eff. 3/26/04.

Mont. Admin. R. 24.29.929 Assessments Other Than the Administration Fund Assessment (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 50-71-114, MCA
Implementing statute(s): 39-71-201, 39-71-915, 39-71-1011, 50-71-128, MCA
History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; AMD, 2004 MAR p. 645, Eff. 3/26/04; AMD, 2018 MAR p. 2527, Eff. 1/1/19; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.941 Assessments Other Than Administrative Assessment

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-902 and 39-71-1004, MCA
History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

Mont. Admin. R. 24.29.951 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, 39-71-915, 39-71-1004 and 39-71-2352, MCA
History: NEW, 2000 MAR p. 844, Eff. 3/30/00; REP, 2004 MAR p. 645, Eff. 3/26/04.

Mont. Admin. R. 24.29.954 Calculation of Amount of Administration Fund Assessment (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, 39-71-203, 39-71-209, MCA
History: NEW, 2000 MAR p. 844, Eff. 3/30/00; AMD, 2004 MAR p. 1023, Eff. 3/26/04; AMD, 2012 MAR p. 1666, Eff. 8/24/12; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.955 Billing for and Payment of the Administrative Assessment

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201 and 39-71-408, MCA
History: NEW, 2000 MAR p. 844, Eff. 3/30/00; REP, 2004 MAR p. 645, Eff. 3/26/04.

Mont. Admin. R. 24.29.956 Computation and Collection of the Administration Fund and Safety Fund Assessment Premium Surcharge Rate for Plan No. 2 and No. 3 (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 50-71-114, MCA
Implementing statute(s): 39-71-201, 39-71-203, 39-71-2352, 50-71-128, MCA
History: NEW, 2000 MAR p. 844, Eff. 3/30/00; AMD, 2004 MAR p. 645, Eff. 3/26/04; AMD, 2012 MAR p. 1666, Eff. 8/24/12; AMD, 2018 MAR p. 2527, Eff. 1/1/19; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.961 The Subsequent Injury Fund Assessments for Years Beginning on or After (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-915, MCA
History: NEW, 2000 MAR p. 844, Eff. 3/30/00; REP, 2004 MAR p. 645, Eff. 3/26/04.

Mont. Admin. R. 24.29.962 Computation of the Subsequent Injury Fund Assessment Surcharge (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-915, MCA
History: NEW, 2004 p. 645, Eff. 3/26/04; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.963 Calculating Sif Paid Previous Year Through Current Year

(1) The total amount paid by SIF from April 1 of the previous year through March 31 of the current year includes commitments for payments by SIF on individual reimbursements or settlements.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-915, MCA
History: NEW, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.966 Industrial Accident Rehabilitation Account Assessment

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-1004, MCA
History: NEW, 2000 MAR p. 844, Eff. 3/30/00; AMD, 2004 MAR p. 645, Eff. 3/26/04; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.971 Failure of Insurer to Timely Report Paid Losses--Department Estimate of Paid Losses--Recalculation of Assessment and Premium Surcharge--Penalty (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-306, 50-71-114, MCA
Implementing statute(s): 39-71-201, 39-71-306, 39-71-915, 50-71-128, MCA
History: NEW, 2000 MAR p. 844, Eff. 3/30/00; AMD, 2004 MAR p. 645, Eff. 3/26/04; AMD, 2018 MAR p. 2527, Eff. 1/1/19; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.975 Description of Benefits Paid for Purposes of Assessment

(1) Compensation benefits paid include periodic and lump-sum payments for:

(a) permanent total disability;

(b) permanent partial disability;

(d) temporary partial disability;

(e) loss of hearing, whether under the Workers' Compensation or Occupational Disease Act for occupational diseases that occurred prior to July 1, 2005;

(f) rehabilitation benefits (biweekly compensation paid to claimants);

(g) death benefits;

(h) disfigurement payments;

(i) SIF cases, to the extent paid by the insurer and not reimbursed by the SIF;

(j) settlement amounts paid pursuant to 39-71-741, MCA, except to the extent any portion of the settlement is reported as being medical benefits paid;

(k) benefits paid pursuant to 39-71-608, MCA; and

(l) settlement amounts paid pursuant to 39-71-405, MCA.

(2) Medical benefits paid include payments for:

(a) medical and dental treatment;

(b) prescription drugs;

(d) other durable medical goods;

(e) hospital care;

(f) domiciliary care;

(g) diagnostic examinations for the purpose of determining what treatment is necessary;

(h) medical benefits paid pursuant to 39-71-615, MCA; and

(i) hearing loss treatment, whether under the Workers' Compensation or Occupational Disease Act for occupational diseases that occurred prior to July 1, 2005.

(3) Miscellaneous expense costs are not included in the calculation of the administration fund assessment. Miscellaneous expense costs are all workers' compensation or occupational disease costs incurred by an insurer other than compensation or medical benefits paid. These costs include, but are not limited to:

(a) rehabilitation services provided by a licensed rehabilitation provider or the Department of Public Health and Human Services;

(b) rehabilitation expenses, such as books and tuition, or auxiliary rehabilitation benefits, such as relocation expenses;

(d) independent medical examinations requested by the insurer, where the purpose of the examination(s) is not for the diagnosis or treatment of the claimant's condition;

(e) matching payments to a catastrophically injured worker's family; and

(f) various other miscellaneous costs that do not constitute a compensation benefit or medical benefit provided to the claimant or beneficiary.

(4) Benefits paid include any amount paid by the insurer or the employer, regardless of any deductible paid by the employer or reimbursements to the insurer from reinsurance or excess insurance other than by the claimant. Copayments actually made by the claimant are not considered to be "benefits paid" for the purposes of this rule.

(5) The department may inspect the insurer's records to determine whether the insurer is properly reporting compensation paid and medical benefits paid.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, 39-71-306, 39-71-915, 39-71-1049, 50-71-128, MCA
History: NEW, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.980 Assessment Overpayments and Underpayments

(1) For the purposes of this rule an employer is also the insurer's policyholder.

(2) Each plan No. 2 insurer and the plan No. 3 insurer is responsible for correctly calculating the amount of the authorized premium surcharge for assessments that the insurer is to collect from each of its insured employers using the rates established by the department. Because the insurer, not the department, calculates the amount of premium due from the employer, disputes between the insurer and the insured regarding the amount of the premium surcharge are not disputes over which the department has jurisdiction.

(3) Insurers may address over-collections or overpayments in the following manner:

(a) Any over-collection of the premium surcharge(s) from a policyholder by the insurer may be refunded by the insurer or applied to premium or future surcharge payments due from the policyholder to the insurer. An accounting of the payment shall be provided by the insurer to the policyholder.

(b) If a surcharge remittance from an insurer to the department is later determined to include an overpayment, the insurer may deduct the amount overpaid from the next surcharge remittance due from the insurer to the department. The insurer shall maintain records documenting any surcharge amounts refunded to its policyholders.

(4) Each plan No. 2 insurer and the plan No. 3 insurer shall maintain reasonable records showing the total amount of premium and premium surcharge collected from each policyholder. The department may inspect those records.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-201, 39-71-306, 39-71-915, 39-71-1049, 50-71-128, MCA
History: NEW, 2024 MAR p. 1066, Eff. 5/11/24.

Subchapter 24.29.12 Rules on Lump-Sum Conversions of Benefits

Mont. Admin. R. 24.29.1201 Approval – When Required

(1) No department approval is required for a lump-sum payment of:

(a) accrued indemnity benefits;

(b) advance indemnity benefits; or

(2) The department presumes that biweekly benefit payments are in the best interests of the worker. Department approval of a petition for lump-sum conversion may be given only if the worker demonstrates that the worker's ability to become financially self-sustaining is more probable with a whole or partial lump-sum payment than with the biweekly payments and the worker's other resources, as outlined by ARM 24.29.1202.

(3) Conversion of biweekly permanent total disability benefits to a lump sum must meet the test of this rule for all dates of injury.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-741, MCA
History: NEW, 1985 MAR p. 1564, Eff. 10/18/85; AMD, 1998 MAR p. 2872, Eff. 11/1/98; AMD, 2013 MAR p. 841, Eff. 5/24/13; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1202 Documentation Requirements

(1) A petition to the department for lump-sum conversion of biweekly permanent total disability benefits for all dates of injury must include a description of the lump-sum proposal, including but not limited to:

(a) analysis of the worker's current financial conditions as described in (3);

(b) analysis of the worker's financial condition under the proposed lump-sum conversion, that includes a description of the use of the lump-sum and how this use will contribute to financially sustaining the worker over the same period biweekly payments would have been paid;

(d) an affidavit signed by the worker attesting to the validity of information provided in the written petition.

(2) A petition to the department for conversion of biweekly permanent partial disability benefits to a lump-sum payment must include an analysis of current financial conditions as described in (3) only for a claim with a date of injury prior to July 1, 1991.

(3) "Analysis of current financial condition" for purposes of (1) shall include a detailed list of all the worker's assets, liabilities, sources of income, and monthly obligations.

(4) A petition for lump-sum conversion of permanent total benefits that involves the partial or total elimination of existing delinquent or outstanding debts must include a plan for debt consolidation.

(5) If a permanent total benefit lump-sum proposal involves a business venture, the proposal must include a business plan that shows the net income available to the worker after business expenses are paid.

(6) A request for lump-sum settlement of medical benefits must include the following completed forms:

(a) "Petition for Settlement Injury/Occupational Disease Medical Benefits Closed On An Accepted Claim" form signed by the claimant, a witness, and the insurer or the insurer's authorized representative;

(b) "Recap Sheet" form signed by the claimant and the insurer or the insurer's authorized representative; and

(c) "Summary of Settlement of Medical Benefits" form signed by the claimant and the insurer or the insurer's authorized representative.

(7) The total value of the workers' compensation benefits may be discounted at the current rate established by the department when an insurer calculates a conversion to a lump-sum payment. For claims with dates of injury between April 15, 1985 and June 30, 1987, the lump-sum payment may be discounted by 7%, compounded annually.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-741, MCA
History: NEW, 1985 MAR p. 1564, Eff. 10/18/85; AMD, 2013 MAR p. 841, Eff. 5/24/13; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1203 Methods the Department Will Apply to Evaluate Information Provided

(1) The department shall deny a petition for a lump-sum conversion of permanent total disability unless the worker demonstrates that the worker's ability to become financially self-sustaining is more probable with a whole or partial lump-sum payment than with biweekly payments and the worker's other resources.

(2) The department shall approve a petition for lump-sum conversion of permanent total disability benefits when:

(a) The worker demonstrates that the worker's financial condition under the lump-sum proposal will not be greater than could have reasonably been expected had the worker not been injured and the lump sum is limited to the unpaid biweekly benefits; and

(b) The worker demonstrates that the lump-sum proposal will improve the worker's financial condition over what could have been reasonably expected had the worker not been injured and the lump sum is limited to the purchase price to the insurer of an annuity that would yield an amount equal to the biweekly benefits payable over the estimated duration of the compensation period.

(3) For claims with date of injury between April 15, 1985 and June 30, 1987, all requirements of (2) must be met and the proposed lump-sum amount of unpaid biweekly benefits may be discounted at a rate of 7% per year, compounded annually.

(4) If the claimant does not meet the requirements of 39-71-710, MCA, and the estimated duration of the compensation period is the remaining life expectancy of the worker, the insurer shall determine the remaining life expectancy in accordance with the most recent Life Table: Expectation of Life at Single Years of Age, by Race and Sex: United States, all races, both sexes column, in Vital Statistics of the United States, Volume II-Mortality, Part A, U.S. Department of Health and Human Services, Public Health Service, National Center for Health Statistics.

(5) If the difference between the present discounted value of a permanent total disability lump-sum payment and the future value of the biweekly payments is the only justification provided for the lump-sum conversion, the department shall deny the petition.

(6) The department shall deny or approve a lump-sum petition within 14 days of receipt. If additional information is required to enable a determination on a petition, the department shall request the information within the 14-day review period. If additional information is not received within the 14-day review period, the department shall deny the petition on the basis of lack of information.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-710, 39-71-741, MCA
History: NEW, 1985 MAR p. 1564, Eff. 10/18/85; AMD, 1998 MAR p. 2872, Eff. 11/1/98; AMD, 2013 MAR p. 841, Eff. 5/24/13.

Mont. Admin. R. 24.29.1204 Further Studies May Be Required

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-741, MCA
History: NEW, 1985 MAR p. 1564, Eff. 10/18/85; AMD, 1998 MAR p. 2872, Eff. 11/1/98; REP, 2013 MAR p. 841, Eff. 5/24/13.

Subchapter 24.29.14 General Medical Rules and Facility Service Rules

Mont. Admin. R. 24.29.1401 Initial Liability (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-510, 39-71-704, 39-71-743, MCA
History: Eff. 12/31/72; AMD, 1991 MAR p. 2622, Eff. 12/27/91; AMD, 2007 MAR p. 260, Eff. 2/23/07; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1401A DEFINITIONS

24.29.1401A DEFINITIONS

As used in subchapters 14 and 15, the following definitions apply:

(1) "Acute care hospital" or "hospital" means a health care facility appropriately licensed by the Department of Public Health and Human Services that provides inpatient and outpatient medical services to injured workers experiencing acute illness or trauma. Acute care hospitals are sometimes referred to as regulated hospitals.

(2) "Ambulatory Payment Classification (APC)" means the reimbursement system adopted by the department for outpatient services.

(3) "Ambulatory surgery center (ASC)" means a health care facility that operates primarily for the purpose of furnishing outpatient surgical services to patients.

(4) "Base rate" means the dollar value which is multiplied by the relative weight of the MS-DRG or APC to determine payment.

(5) "Bundling" means the practice of grouping multiple services, procedures, and supplies into one charge item instead of billing each separately.

(6) "CCR," formerly known as "RCC," means the cost-to-charge ratio computed by using the hospital's Medicare cost report and charges.

(7) "CMS" means the Centers for Medicare and Medicaid Services.

(8) "Correct Coding Initiative (CCI)" means the code edits adopted by the department that are used to correct contradictory billing information.

(9) "Current Procedural Terminology (CPT)" codes means codes and descriptors of procedures owned, copyrighted, and published by the American Medical Association.

(10) "Designated Treating Physician" has the same meaning as a “treating physician,” defined in 39-71-116, MCA, who is designated or formally approved by the insurer as the physician who will be coordinating the injured worker's care, according to the criteria in 39-71-1101, MCA.

(11) "Documentation" means written information that is complete, clear, and legible, which describes the service provided and substantiates the charge for the service.

(12) "Durable medical equipment (DME)" means durable medical appliances or devices used in the treatment or management of a condition or complaint, along with associated nondurable materials and supplies required for use in conjunction with the appliance or device. The term does not include an implantable object or device.

(13) "Evidence-based" means use of the best evidence available in making decisions about the care of the individual patient, gained from the scientific method of medical decision-making and includes use of techniques from science, engineering, and statistics, such as randomized controlled trials (RCTs), meta-analysis of medical literature, integration of individual clinical expertise with the best available external clinical evidence from systematic research, and a risk-benefit analysis of treatment (including lack of treatment).

(14) "Facility" or "health care facility" means all or a portion of an institution, building, or agency, private or public, excluding federal facilities, whether organized for profit or not, that is used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any individual. The term includes chemical dependency facilities, critical access hospitals, end-stage renal dialysis facilities, home health agencies, home infusion therapy agencies, hospices, hospitals, long-term care facilities, intermediate care facilities for the developmentally disabled, medical assistance facilities, mental health centers, outpatient centers for surgical services, rehabilitation facilities, residential care facilities, and residential treatment facilities. The above facilities are defined in 50-5-101, MCA. The term does not include outpatient centers for primary care, infirmaries, provider-based clinics, offices of private physicians, dentists or other physical or mental health care workers, including licensed addiction counselors.

(15) "Functional status" means written information that is complete, clear, and legible, that identifies objective findings indicating the claimant's physical capabilities and provides information about the change in the status as a result of treatment.

(16) "Healthcare Common Procedure Coding System (HCPCS)" means the identification system for health care matters developed by the federal government, and includes level one codes, known as CPT codes, and level two codes that were developed to use for supplies, procedures, or services that do not have a CPT code. These codes also include successor codes for CPT and HCPCS established by the American Medical Association and CMS.

(17) "Implantable" means a system of objects or devices that is made either to replace and act as a missing biological structure, to repair or support a biological structure, or to manage chronic disease processes and that is surgically implanted, embedded, inserted, or otherwise applied. The term also includes any related equipment necessary to install, operate, program, and recharge the implantable.

(18) "Improvement status" means written information that is complete, clear, and legible, which identifies objective medical findings of the claimant's medical status with respect to the treatment plan.

(19) "Inpatient services" means services rendered to a person who has been admitted to a hospital for bed occupancy for purposes of receiving inpatient hospital services. Generally, a patient is considered an inpatient if formally admitted as inpatient with the expectation that the patient will remain at least overnight and occupy a bed even though it later develops that the patient can be discharged or transferred to another hospital and not actually use the hospital bed overnight. The physician or other practitioner responsible for a patient's care at the hospital is also responsible for deciding whether the patient should be admitted as an inpatient.

(20) "Interested party" means:

(a) the "physician" or "provider" as defined by this rule;

(b) the "claimant" or "injured worker"; or

(21) "Medicare-Severity Diagnosis Related Group (MS-DRG or DRG)" means the inpatient diagnosis classifications of circumstances where patients demonstrate similar resource consumption, length of stay patterns, and medical severity status that are adopted by the department and are used for billing purposes.

(22) "Nonfacility" means any place not included in this rule's definition of "facility."

(23) "Objective medical findings" means medical evidence that is substantiated by clinical findings. Clinical findings include, but are not limited to, range of motion, atrophy, muscle strength, muscle spasm, and diagnostic evidence. Complaints of pain in the absence of clinical findings are not considered objective medical findings.

(24) "Outpatient" means a patient who is not admitted for inpatient or residential care.

(25) "Physician" means a healthcare provider who meets the licensure requirements of a “treating physician” as defined by 39-71-116, MCA.

(26) "Prior authorization" means that for those matters identified by ARM 24.29.1621 the provider receives (either verbally or in writing) authorization from the insurer to perform a specific procedure or series of related procedures, prior to performing that procedure.

(27) "Provider" means any health care provider, unless the context in another rule clearly indicates otherwise. "Provider" does not include pharmacists nor does it include a supplier of medical equipment who is not a health care provider.

(28) "Relative Value Unit" or "RVU" represents a unit of measure for medical services, procedures, or supplies. RVU is used in the fee schedule formulas to calculate reimbursement fees and is expressed in numeric units. Those services that have greater costs or value have higher RVUs than those services with lower costs or value.

(29) "Resource-Based Relative Value Scale" or "RBRVS" means the publication titled "Essential RBRVS," published by OptumInsight, Inc.

(30) "Service or services" means treatment including procedures and supplies provided in a facility or nonfacility that is billable under these rules.

(31) "Status indicator (SI)" codes mean CPT codes treated in the same fashion or category, such as packaged services, and apply to outpatient services only.

(32) "Treatment plan" means a written outline of how the provider intends to treat a specific condition or complaint. The treatment plan must include a diagnosis of the condition, the specific type(s) of treatment, procedure, or modalities that will be employed, a timetable for the implementation and duration of the treatment, and the goal(s) or expected outcome of the treatment. Treatment, as used in this definition, may consist of diagnostic procedures that are reasonably necessary to refine or confirm a diagnosis. The treating physician may indicate that treatment is to be performed by a provider in a different field or specialty, and defer to the professional judgment of that provider in the selection of the most appropriate method of treatment; however, the treating physician must identify the scope of the referral in the treatment plan and provide guidance to the provider concerning the nature of the injury or occupational disease.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-116, 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 1993 MAR p. 2809, Eff. 12/1/93; AMD, 2002 MAR p. 1758, Eff. 7/1/02; AMD, 2007 MAR p. 1670, Eff. 10/26/07; TRANS from ARM 24.29.1504 and AMD, 2008 MAR p. 2490, Eff. 12/1/08; AMD, 2011 MAR p. 1137, Eff. 6/24/11; AMD, 2013 MAR p. 1185, Eff. 7/12/13; AMD, 2014 MAR p. 1513, Eff. 7/11/14; AMD, 2018 MAR p. 2531, Eff. 1/1/19; AMD, 2024 MAR p. 1457, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-30, Eff. 7/1/25.

Mont. Admin. R. 24.29.1402 Payment of Medical Claims

(1) Payment of medical claims must be made in accordance with the schedule of facility and professional medical fees adopted by the department.

(a) Payment of medical claims must also be made in accordance with the utilization and treatment guidelines adopted by the department in ARM Title 24, chapter 29, subchapter 16.

(b) The department may assess a penalty on insurers for neglect or failure to use the correct fee schedule. It is the insurer's responsibility to ensure that the correct fee schedule is used by a third-party agent.

(c) A provider of medical treatment or services shall only be paid for services under this chapter if the bill for medical treatment or services is timely received by the employer or appropriate payer. Absent a showing of good cause, a bill for treatment or services is timely received by the employer or appropriate payer when it is actually received within 365 days of the later of:

(i) the date of service; or

(ii) the date the provider of medical treatment or services knew the treatment or services was related to a claim for benefits under this chapter.

(2) The insurer shall make timely payments of all medical bills for which liability is accepted. For services provided on or after July 1, 2013, the department may assess a penalty on an insurer that without good cause neglects or fails to pay undisputed medical bills on an accepted liability claim within 60 days of receipt of the bill(s). The insurer must document receipt date of the bill(s) or the receipt date will be three days after the bill(s) was sent by the provider.

(3) For purposes of coding interest billing on unpaid charges, providers must bill the interest amount using the Montana unique code MT005 established by this rule.

(4) Payment of private room charges shall be made only if ordered by the treating physician.

(5) Special nurses shall be paid only if ordered by the treating physician.

(6) For claims arising on or after July 1, 1993, no fee or charge is payable by the injured worker for treatment of injuries sustained if liability is accepted by the insurer, other than:

(a) the co-payment provided by 39-71-704, MCA. The decision whether to require a co-payment rests with the insurer, not the medical provider. If the insurer does not require a co-payment by the worker, the provider may not charge or bill the worker any fee. The insurer must give enough advance notice to known medical providers that it will require co-payments from a worker so that the provider can make arrangements with the worker to collect the co-payment;

(b) the charges for a nonpreferred provider, after notice is given as provided in 39-71-1102, MCA;

(c) the charges for medical services obtained from other than a managed care organization, once an organization is designated by the insurer as provided in 39-71-1101, MCA; or

(d) the charges for medical services denied by the insurer on the basis that the services meet both of the following criteria:

(i) the medical services do not return the injured worker to employment; and

(ii) the medical services do not sustain medical stability.

(7) For compensable services provided on or after July 1, 2013, if the injured worker pays for the initial medical service prior to acceptance of the claim by the insurer, the injured worker must be reimbursed the entire amount they paid out-of-pocket within 30 days of acceptance.

(a) If the insurer pays the provider, the provider must reimburse the injured worker.

(b) Otherwise, the insurer must reimburse the injured worker.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-107, 39-71-203, 39-71-510, 39-71-704, MCA
History: Eff. 12/31/72; AMD, 1991 MAR p. 2622, Eff. 12/27/91; AMD, 1993 MAR p. 2801, Eff. 12/1/93; AMD, 2007 MAR p. 260, Eff. 2/23/07; AMD, 2008 MAR p. 2490, Eff. 12/1/08; AMD, 2011 MAR p. 1137, Eff. 6/24/11; AMD, 2013 MAR p. 1185, Eff. 7/12/13; AMD, 2022 MAR p. 1075, Eff. 6/25/22; AMD, 2024 MAR p. 1457, Eff. 7/1/24.

Mont. Admin. R. 24.29.1403 Selection of Physician

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-203, 39-71-704, MCA
History: Eff. 12/31/72; AMD, 1991 MAR p. 2622, Eff. 12/27/91; REP, 1993 MAR p. 404, Eff. 4/1/93.

Mont. Admin. R. 24.29.1404 Disputed Medical Claims

(1) The following issues are considered to be disputes arising over the amount of a fee for medical services:

(a) amounts payable to medical providers, when benefits available directly to claimants are not an issue;

(b) access to medical records;

(d) requirements for documentation submitted by a provider to an insurer pursuant to ARM 24.29.1513 as a condition of the payment of medical fees.

(2) Facility records must be furnished to the insurer upon request. Facilities must obtain the necessary release by their administrative procedures.

(3) The rule of privileged communication is waived by the injured worker seeking benefits under the Workers' Compensation or Occupational Disease acts.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-203, 39-71-704, MCA
History: Eff. 12/31/72; AMD, 1991 MAR p. 2622, Eff. 12/27/91; AMD, 2007 MAR p. 260, Eff. 2/23/07; AMD, 2007 MAR p. 1670, Eff. 10/26/07; AMD, 2008 MAR p. 2490, Eff. 12/1/08; AMD, 2024 MAR p. 1457, Eff. 7/1/24.

Mont. Admin. R. 24.29.1405 Physicians' Reports

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-203, 39-71-704, MCA
History: Eff. 12/31/72; AMD, 1991 MAR p. 2622, Eff. 12/27/91; REP, 1993 MAR p. 404, Eff. 4/1/93.

Mont. Admin. R. 24.29.1406 Facility Bills

(1) Facility bills must be submitted on a UB04 when the injured worker is discharged from the facility or every 30 days.

(2) The providers and payers shall use, when possible, electronic billing for the billing and reimbursement process.

(3) It is the responsibility of the facility to use the proper service codes on any bills submitted for payment.

(4) Insurer-initiated medical necessity review, bill audits, and other administrative review procedures may only be conducted on a post-payment basis.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-105, 39-71-107, 39-71-203, 39-71-704, MCA
History: Eff. 12/31/72; AMD, 2008 MAR p. 2490, Eff. 12/1/08; AMD, 2011 MAR p. 1137, Eff. 6/24/11; AMD, 2013 MAR p. 1185, Eff 7/12/13; AMD, 2024 MAR p. 1457, Eff. 7/1/24.

Mont. Admin. R. 24.29.1407 Prosthetic Appliances

(1) Claims for furnishing replacement or repair of prosthetic appliances shall be paid to orthotists or prosthetists, who have been certified by the American Board for Certification in Orthotics or Prosthetics, and whose services are performed in a certified facility.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: Eff. 12/31/72; AMD, 2011 MAR p. 1137, Eff. 6/24/11; AMD, 2024 MAR p. 1457, Eff. 7/1/24.

Mont. Admin. R. 24.29.1408 Suspension Allowed

(1) An insurer may suspend compensation payments under 39-71-607 , MCA, for not more than 30 days pending the receipt of medical information, if:

(a) the insurer submits to the department a detailed written statement indicating that the insurer is having difficulty in receiving medical information relating to a claimant's condition;

(b) the department approves a suspension of compensation payments for not more than 30 days pending the receipt of medical information; and

(c) after the department approves the suspension of payments, the insurer notifies the claimant in writing that biweekly payments are being suspended pending the receipt of medical information. A copy of the notification shall be furnished to the department.

History

Authorizing statute(s): 39-71-607, MCA
Implementing statute(s): 39-71-607, MCA
History: NEW, Eff. 1/3/76; AMD, 2024 MAR p. 1457, Eff. 7/1/24.

Mont. Admin. R. 24.29.1409 Travel Expense Reimbursement

(1) Payment of travel expense is subject to the following:

(a) Claims for travel reimbursement must be submitted on a form provided by the insurer within 90 days of the date the expense was incurred. After 90 days, the insurer must make reimbursement, unless, during the 90 days that the reimbursement was available:

(i) the insurer has proof of providing written notice to the injured worker that travel reimbursement is available; and

(ii) the written notice stated that a travel reimbursement claim must be submitted to the insurer within 90 days of the worker incurring the expense.

(b) The type of travel selected must be the least costly form of travel unless the travel is not suitable for the claimant's medical condition, as certified by the claimant's physician.

(i) The first 100 miles of automobile travel are excluded each month unless the insurer requested the travel pursuant to 39-71-605 , MCA.

(ii) Travel to a medical provider within the claimant's community is excluded.

(iii) Travel outside the claimant's community is excluded if comparable treatment is available within the community, unless the insurer requests the claimant to travel to another community.

(iv) Travel is excluded when it is incurred while traveling to unauthorized or disallowed treatment or procedures.

(d) For purposes of this rule, "community" means the area within a 15 mile radius of the claimant's residence as determined by the most direct automobile route between the claimant's residence and the provider.

(e) The insurer is not liable for injuries that result from an accident that occurs during travel for treatment of the claim as provided in 39-71-704 , MCA.

(f) Reimbursement for travel expenses shall be determined as follows:

(i) Personal automobile and private airplane mileage expenses shall be reimbursed at the current rates specified for state employees. Prior authorization from the insurer is required for the use of a private airplane. Total reimbursable automobile miles shall be determined according to the most direct highway route between the claimant's residence and the provider.

(ii) Expenses for eligible meals shall be reimbursed at the meal rates established for state employees.

(iii) Actual out-of-pocket receipted lodging expenses incurred by the claimant shall be reimbursed up to the maximum amounts established for state employees. Lodging in those areas specifically designated as high cost cities shall be reimbursed at actual cost. Any claim for receipted or high cost lodging reimbursement must be accompanied by a receipt from a licensed lodging facility. If the claimant fails to obtain a receipt, the reimbursement is the amount set for state employees.

(iv) Miscellaneous transportation expenses, such as taxi fares or parking fees, are reimbursable and must be supported by paid receipts.

(2) Preauthorized expenses incurred for direct commercial transportation by air or ground, including rental vehicles, shall be reimbursed when no other less costly form of travel is available to the claimant, or when less costly forms of travel are not suitable to the claimant's medical condition, as certified by the claimant's physician.

(a) If a claimant chooses to use commercial transportation when a less costly form of travel suitable to the claimant's medical condition is available, as certified by the claimant's physician, reimbursement shall be made according to the rates associated with the least costly form of travel.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1990 MAR p. 1564, Eff. 8/17/90; AMD, 1993 MAR p. 2804, Eff. 12/1/93; AMD, 2006 MAR p. 210, Eff. 1/27/06; AMD, 2024 MAR p. 1457, Eff. 7/1/24.

Mont. Admin. R. 24.29.1415 Impairment Rating Dispute Procedure (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-711, MCA
History: NEW, 1987 MAR p. 1985, Eff. 10/30/87; AMD, 1990 MAR p. 1004, Eff. 6/1/90; AMD, 1991 MAR p. 2622, Eff. 12/27/91; AMD, 2007 MAR p. 260, Eff. 2/23/07; REP, 2024 MAR p. 1457, Eff. 7/1/24.

Mont. Admin. R. 24.29.1416 Applicability of Date of Injury, Date of Service

(1) The amounts of the following types of payments are determined according to the specific department rates in effect on the date the medical service or services are provided, regardless of the date of injury:

(a) medical fees;

(b) facility charges;

(d) DME.

(2) When services, procedures, or supplies are bundled for purposes of billing and the bundling covers more than one day, the date of discharge must be used as the date the services are provided for purposes of this rule.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, 39-71-727, MCA
History: NEW, 1991 MAR p. 2622, Eff. 12/27/91; AMD, 1994 MAR p. 679, Eff. 4/1/94; AMD, 2007 MAR p. 1192, Eff. 8/24/07; AMD, 2008 MAR p. 2490, Eff. 12/1/08.

Mont. Admin. R. 24.29.1420 Relative Value Fee Schedule

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203 and 39-71-704, MCA, as amended by section 3 of Ch. 422 of Laws of 1985
Implementing statute(s): 39-71-704, MCA
History: NEW, 1986 MAR p. 454, Eff. 4/1/86; REP, 1993 MAR p. 404, Eff. 4/1/93.

Mont. Admin. R. 24.29.1425 Rates for Hospital Services Provided Prior to July 1, 1997

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1987 MAR p. 2388, Eff. 1/1/88; AMD, 1991 MAR p. 2622, Eff. 12/27/91; AMD, 1998 MAR p. 759, Eff. 4/1/98; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1426 Hospital Service Rules for Services Provided from April 1, 1998, Through December 31, 2007

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1998 MAR p. 759, Eff. 4/1/98; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1427 Hospital Service Rules for Services Provided from January 1, 2008, Through November 30, 2008

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2007 MAR p. 1670, Eff. 10/26/07; AMD, 2008 MAR p. 2490, Eff. 12/1/08; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1428 Hospital Rates for July 1, 1997, Through June 30, 1998

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1998 MAR p. 759, Eff. 4/1/98; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1430 Hospital Rates from July 1, 1998, Through June 30, 2001

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1998 MAR p. 759, Eff. 4/1/98; AMD, 2007 MAR p. 260, Eff. 2/23/07; AMD, 2008 MAR p. 2490, Eff. 12/1/08; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1431 Hospital Rates from July 1, 2001, Through November 30, 2008

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2007 MAR p. 260, Eff. 2/23/07; AMD, 2008 MAR p. 2490, Eff. 12/1/08; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1432 Facility Service Rules and Rates for Services Provided from December 1, 2008 Through June 30, 2013 (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-203, 39-71-704, MCA
History: NEW, 2008 MAR p. 2490, Eff. 12/1/08; AMD, 2013 MAR p. 1185, Eff. 7/12/13; REP, 2024 MAR p. 1457, Eff. 7/1/24.

Mont. Admin. R. 24.29.1433 Facility Service Rules and Rates

(1) The department adopts the fee schedules provided by this rule to determine the reimbursement for medical services provided by a facility when a person is discharged on or after July 1, 2013. An insurer is obligated to pay the fee provided by the fee schedules for a service, even if the billed charge is less, unless the facility and insurer have a managed care organization (MCO) or preferred provider organization (PPO) arrangement that provides for a different payment amount. The fee schedules are available online at the department's web site and are updated as soon as is reasonably feasible relative to the effective dates of the medical codes as described below. The fee schedules are comprised of the elements listed in 39-71-704, MCA, and the following:

(a) The Montana Status Indicator (SI) Codes;

(b) The Montana unique code, MT003, described in (11)(e) and (12)(f); and

(d) All current and prior instruction sets for services provided starting July 1, 2013, are available on the department's website.

(2) The application of the base rate depends on the date the medical services are provided.

(3) Critical access hospitals (CAH) are reimbursed at 100 percent of that facility's usual and customary charges. CAH is a designation for a facility only. The reimbursement rate for CAH set by this rule applies to facility charges.

(a) Regarding professional services provided at a physical therapy (PT), occupational therapy (OT), and speech therapy (ST) services provided on an outpatient basis must be billed on a UB04 and reimbursed 100 percent of usual and customary. PT, OT, and ST outpatient services may not be billed on the CMS 1500.

(b) All other professional services provided at a CAH must be billed on a CMS 1500 and reimbursed according to the professional fee schedule pursuant to ARM 24.29.1534.

(4) Any services provided by a type of facility not explicitly addressed by this rule or any services using new codes not yet adopted by this rule must be paid at 75 percent of the facility's usual and customary charges.

(5) Any inpatient rehabilitation services, including services provided at a long- term inpatient rehabilitation facility must be paid at 75 percent of that facility's usual and customary charges. All CMS rehabilitation MS-DRGs are excluded from the Montana MS-DRG payment system and instead are paid at 75 percent of the facility's usual and customary charges regardless of the place of service.

(6) DME, prosthetics, and orthotics, excluding implantables, will be paid according to the professional fee schedule pursuant to ARM 24.29.1534 or, if no reimbursement value, ARM 24.29.1523.

(7) Facility billing must be submitted on a CMS Uniform Billing (UB04) form, including the 837-l form when submitting electronically.

(8) Hospitals and ASCs must, on an annual basis, submit to the department data reporting Medicare, Medicaid, commercial, unrecovered, and workers' compensation claims reimbursement in a standard form supplied by the department. The department may in its discretion conduct audits of any facility's financial records to confirm the accuracy of submitted information.

(9) Medical provider services furnished in an acute care hospital, ASC, or other facility setting, whether those professional services are furnished as an employee or as an independent professional, must be billed separately using the CMS 1500 and must be reimbursed using the professional fee schedule pursuant to ARM 24.29.1534, except as provided in (a).

(a) PT, OT, and ST services provided on an outpatient basis must be billed on a UB04 and reimbursed according to the facility fee schedule. These reimbursements are excluded from any calculation of outlier payments. PT, OT, and ST outpatient services may not be billed on the CMS 1500.

(10) Facility pharmacy reimbursements are made as follows:

(a) If a facility pharmacy dispenses prescription drugs to an individual during the course of treatment in the facility, reimbursement is part of the MS-DRG or APC reimbursement.

(b) If a patient's medications are not included in the MS-DRG or APC service bundle, the reimbursement will be according to ARM 24.29.1529.

(11) The following applies to inpatient services provided at an acute care hospital:

(a) The department may establish the base rate annually.

(i) The base rate effective July 1, 2026, is $10,623.

(ii) All prior base rates for services provided starting July 1, 2013, are available on the department's website.

(b) Payments for inpatient acute care hospital services must be calculated using the base rate multiplied by the Montana MS-DRG weight.

(c) If a service falls outside of the scope of the MS-DRG and is not otherwise listed on a Montana fee schedule, including new codes not yet adopted, reimbursement for that service must be 75 percent of that facility's usual and customary charges.

(d) The threshold for outlier payments is three times the Montana MS-DRG payment amount. If the outlier threshold is met, the outlier payment must be the MS-DRG reimbursement amount plus an amount that is determined by multiplying the charges above the threshold by the sum of 15 percent and the individual hospital's Montana CCR.

(i) For example, if the hospital submits total charges of $100,000, the MS-DRG reimbursement amount is $25,000, and the CCR is 0.50, then the resultant calculation for reimbursement is as follows: The DRG reimbursement amount ($25,000) is multiplied by 3 to set the threshold trigger ($75,000). The threshold trigger ($75,000) is subtracted from the total charges ($100,000) resulting in the amount above the trigger ($25,000). The amount above the trigger ($25,000) is then multiplied by .65 (which is the CCR of .5 plus .15) to obtain the outlier payment ($16,250). The total payment to the hospital in this example would be the DRG reimbursement amount ($25,000) plus the outlier payment ($16,250) = $41,250.

(ii) The department may establish the inpatient outlier amount annually.

(e) Where an implantable exceeds $10,000 in cost, hospitals may seek additional reimbursement beyond the normal MS-DRG payment. Hospitals may seek additional reimbursement by using Montana unique code MT003. Any implantable that costs less than $10,000 is bundled in the implantable charge included in the MS-DRG payment.

(i) Any reimbursement for implantables pursuant to this subsection must be documented by a copy of the invoice for the implantable (or purchase order if it lists the number of items, the wholesale price, and the shipping costs) and the operative report. Insurers are subject to privacy laws concerning disclosure of health or proprietary information.

(ii) Reimbursement is set at a total amount that is determined by adding the actual amount paid for the implantable on the invoice or purchase order for the implantable, plus 15 percent of the actual amount paid for the implantable, plus the handling and freight cost for the implantable. Handling and freight charges must be included in the implantable reimbursement and are not to be reimbursed separately.

(iii) When a hospital seeks additional reimbursement pursuant to this subsection, the implantable charge is excluded from any calculation for an outlier payment.

(iv) Because the decision regarding an implantable is a complex medical analysis, this rule defers to the judgment of the individual physician and facility to determine the appropriate implantable. A payer may not reduce the reimbursement when the medical decision is to use a higher cost implantable.

(f) All facility services provided during an uninterrupted patient encounter leading to an inpatient admission must be included in the inpatient stay, except air and ground ambulance services which are paid separately pursuant to the Montana Ambulance Fee schedule. Air ambulances whose charter and certification is through the federal Department of Transportation will be paid at 100 percent of their usual and customary charges pursuant to federal law.

(g) The following applies to facility transfers when a patient is transferred for continuation of medical treatment between two acute care hospitals:

(i) A hospital receiving a patient is paid the full MS-DRG payment plus any appropriate outliers and add-ons.

(ii) Facility transfers do not include costs related to transportation of a patient to initially obtain medical care. Such reimbursements are covered by ARM 24.29.1409.

(12) The following applies to outpatient services provided at an acute care hospital or an ASC:

(a) The department may establish a base rate annually.

(i) The base rate effective July 1, 2026, is $136.

(ii) All prior base rates for services provided starting July 1, 2013, are available on the department's website.

(b) The department may establish a base rate annually for ASCs at 75 percent of the hospital outpatient base rate.

(i) The base rate effective July 1, 2026, is $102.

(ii) All prior base rates for services provided starting July 1, 2013, are available on the department's website.

(c) Payments for outpatient services in a hospital or an ASC are based on the Montana APC system. A single outpatient visit may result in more than one APC for that claim. The payment must be calculated by multiplying the base rate times the APC weight. If an APC code is available, the services must be billed using the APC code. If the APC weight is not listed or if the APC weight is listed as null, reimbursement for that service must be paid at 75 percent of the facility's usual and customary charges. Examples of such services include but are not limited to laboratory tests and radiology. If a service falls outside of the scope of the APC and is not otherwise listed on a Montana fee schedule, reimbursement for that service must be 75 percent of that facility's usual and customary charges.

(d) CCI and MUE code edits must be used to determine bundling and unbundling of charges.

(e) Outpatient medical services include observation in an outpatient status.

(f) Where an outpatient implantable exceeds $500 in cost, hospitals or ASCs may seek additional reimbursement beyond the normal APC payment. In such an instance, the provider may bill using Montana unique code MT003. Any implantable that costs less than $500 is bundled in the APC payment.

(i) Any reimbursement for implantables pursuant to this subsection must be documented by a copy of the invoice for the implantable (or purchase order if it lists the number of items, the wholesale price, and the shipping cost) and the operative report. Insurers are subject to privacy laws concerning disclosure of health or proprietary information.

(g) The following applies to patient transfers from an ASC to an acute care hospital:

(i) An ASC transferring a patient is paid the APC reimbursement.

(ii) The acute care hospital is paid the MS-DRG or the APC reimbursement, whichever is applicable.

(iii) Facility transfers do not include costs related to transportation of a patient to initially obtain medical care. Such reimbursements are covered by ARM 24.29.1409.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2013 MAR p. 1185, Eff. 7/12/13; AMD, 2014 MAR p. 1513, Eff. 7/11/14; AMD, 2015 MAR p. 818, Eff. 6/26/15; AMD, 2016 MAR p. 1055, Eff. 6/18/16; AMD, 2017 MAR p. 784, Eff. 6/10/17; AMD, 2018 MAR p. 1036, Eff. 5/26/18; AMD, 2019 MAR p. 848, Eff. 6/22/19; AMD, 2020 MAR p. 1021, Eff. 6/13/20; AMD, 2021 MAR p. 716, Eff. 6/12/21; AMD, 2022 MAR p. 1075, Eff. 6/25/22; AMD, 2023 MAR p. 522, Eff. 6/10/23; AMD, 2024 MAR p. 1457, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-30, Eff. 7/1/25; AMD, 2026 MAR, Notice No. 2026-88, Eff. 7/1/26.

Subchapter 24.29.15 Nonfacility Service Rules

Mont. Admin. R. 24.29.1501 Purpose (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 2011 MAR p. 1137, Eff. 6/24/11; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1510 Selection of Physician for Claims Arising from July 1, 1993 Through June 30, 2013 (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 2809, Eff. 12/1/93; AMD, 2007 MAR p. 260, Eff. 2/23/07; AMD, 2013 MAR p. 1185, Eff. 7/12/13; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1511 Selection of Physician for Claims Arising Before July 1, 1993

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 1993 MAR p. 2809, Eff. 12/1/93; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1512 Selection of Physician for Claims Arising on or After July 1, 2013

(1) Initial or repeated treatment in an emergency room or urgent care facility is not selection of a treating physician.

(2) The insurer must provide formal notification of the designated treating physician by e-mail, facsimile, or letter to:

(a) the injured worker;

(b) the current treating physician; and

(c) the designated treating physician. The effective date of the designation of treating physician is the date the insurer sends the notice of designation unless the physician declines within ten working days.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2013 MAR p. 1185, Eff. 7/12/13; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1513 Documentation Requirements

(1) A treating physician or emergent or urgent care provider must provide the insurer the following documents within seven days of the first claim-related visit:

(a) initial report;

(b) medical status form; and

(2) The treating physician must prepare a treatment plan. The treatment plan must be provided to the insurer as soon as possible. The treating physician must provide any changes to the treatment plan to the insurer.

(3) To be eligible for payment, the provider must provide to the insurer:

(a) CMS 1500;

(b) functional improvement status with respect to the functional goals; and

(4) Documentation, excluding (1)(b), is considered to be a service to the injured worker and no charge is allowed for the documentation required by this rule.

(5) The treating physician must report immediately to the insurer the date total disability ends or the date the injured worker is released to return to work.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 1994 MAR p. 680, Eff. 4/1/94; AMD, 2013 MAR p. 1185, Eff. 7/12/13; AMD, 2024 MAR p. 1066, Eff. 5/11/24; AMD, 2026 MAR, Notice No. 2025-110, Eff. 1/10/26.

Mont. Admin. R. 24.29.1515 Functional Improvement Status

(1) Functional improvement status must consist of objective medical findings of the claimant’s functional status, and document the effect of interventions (positive, neutral, or negative) on functional goals. The functional improvement status can be sufficiently documented on the Medical Status Form. The Montana Utilization and Treatment Guidelines outline the standards for functional improvement.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, 39-71-1036, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 2013 MAR p. 1185, Eff. 7/12/13; AMD, 2024 MAR p. 1066, 5/11/24; AMD, 2026 MAR, Notice No. 2025-110, Eff. 1/10/26.

Mont. Admin. R. 24.29.1517 Prior Authorization for Certain Services (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, 39-71-743, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 2002 MAR p. 1758, Eff. 7/1/02; AMD, 2007 MAR p. 260, Eff. 2/23/07; AMD, 2011 MAR p. 1137, Eff. 6/24/11; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1519 Second Opinions for Services Provided on or Before June 30, 2011

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 2011 MAR p. 1137, Eff. 6/24/11; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1521 Medical Equipment and Supplies for Dates of Service Before January 1, 2008

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 2007 MAR p. 260, Eff. 2/23/07; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1522 Medical Equipment and Supplies Provided by a Nonfacility for Dates of Service from January 1, 2008 Through June 30, 2013 (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2007 MAR p. 1670, Eff. 10/26/07; AMD, 2008 MAR p. 2490, Eff. 12/1/08; AMD, 2013 MAR p. 1185, Eff. 7/12/13; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1523 Medical Equipment and Supplies

(1) If the relative value unit is null or not listed on the fee schedule for durable medical equipment, reimbursement is the total of:

(a) item cost;

(b) shipping cost; and

(2) If a provider adds value to durable medical equipment (such as by complex assembly, modification, or special fabrication), then the provider may charge a reasonable fee for those services. Unpacking an item or simple fitting may not be billed. Extensive fitting of devices may be billed.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2013 MAR p. 1185, Eff. 7/12/13; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1526 Disallowed Procedures (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 2003 MAR p. 2870, Eff. 12/25/03; AMD, 2011 MAR p. 1137, Eff. 6/24/11; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1529 Prescription Drugs Fee Schedule

(1) In addition to the limitations on the payments for and dispensing of prescription drugs as set out by 39-71-727, MCA, the following apply:

(a) The reimbursement rate for prescription drugs is based upon the rate in effect on the date the drug is dispensed.

(b) Reimbursement rates to retail pharmacies for brand-name drugs are limited to the lesser of:

(i) the price charged for the prescription drug at the time of dispensing; or

(ii) the average wholesale price (AWP), minus 10 percent, at the time of dispensing, plus a dispensing fee, not to exceed $3.00 per prescription drug.

(i) the price charged for the prescription drug at the time of dispensing; or

(ii) the AWP, minus 25 percent, at the time of dispensing, plus a dispensing fee, not to exceed $3.00 per prescription drug.

(d) For the purposes of this rule, average wholesale prices must be updated monthly.

(2) If, prior to liability for a claim being accepted by the insurer, an injured worker has personally paid for prescription drugs, prescribed for a condition for which liability is subsequently accepted, the injured worker is entitled to a refund of the price paid by the injured worker for the prescription drug.

(a) The insurer, when accepting liability for a condition for which a prescription drug has been prescribed, must, upon receiving a proper receipt, reimburse the injured worker the retail price paid.

(b) After the injured worker has been reimbursed by the insurer, the pharmacy must, upon request by the insurer, reimburse the insurer for the difference in the amount paid by the injured worker and the amount provided by the fee schedule.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-727, 39-71-743, MCA
History: NEW, 2007 MAR p. 1192, Eff. 8/24/07; AMD, 2007 MAR. p. 1676, Eff. 10/26/07; AMD, 2007 MAR p. 2011, Eff. 12/7/07.

Mont. Admin. R. 24.29.1531 Use of Fee Schedules for Services Provided from April 1, 1993 Through June 30, 2002

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 1993 MAR p. 1659, Eff. 8/1/93; AMD, 2002 MAR p. 1758, Eff. 7/1/02; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1532 Use of Fee Schedules for Services Provided from July 1, 2002, Through December 31, 2007

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2002 MAR p. 1758, Eff. 7/1/02; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1533 Nonfacility Fee Schedule for Services Provided from January 1, 2008 Through June 30, 2013 (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2007 MAR p. 1670, Eff. 10/26/07; AMD, 2009 MAR p. 8, Eff. 1/16/09; AMD, 2009 MAR p. 2482, Eff. 12/25/09; AMD, 2013 MAR p. 1185, Eff. 7/12/13; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1534 Professional Fee Schedule

(1) An insurer must pay the fee schedule or the billed charge, whichever is less, for a service provided within the state of Montana. The fee schedules are available online at the department's web site and are updated as soon as is reasonably feasible relative to the effective dates of the medical codes as described below. All current and prior instruction sets for services provided starting July 1, 2013, are available on the department's website. The fee schedules are comprised of the elements listed in 39-71-704, MCA, and the following:

(a) the conversion factors established by the department in ARM 24.29.1538;

(b) modifiers, listed on the department's website;

(d) the Montana unique code, MT003, adopted and described in ARM 24.29.1433; and

(e) the Montana unique code, MT009, for referral to a vocational rehabilitation counselor for on-site job evaluation with the injured worker to assist in returning him/her to work either to his/her time of injury job or a new job/position.

(2) The conversion factors, the Current Procedural Terminology (CPT) codes, and the relative value unit (RVU) used depend on the date the medical service, procedure, or supply is provided. The reimbursement amount is generally determined by finding the proper CPT code in the Resource-Based Relative Value Scale (RBRVS) then multiplying the RVU for that code by the conversion factor.

(3) The insurer shall pay 100 percent of the usual and customary charges for dental codes. The insurer shall pay a minimum of 75 percent of the usual and customary charges for dental codes D6010 through D6199.

(4) Where a permitted procedure is not covered by these rules or uses a new code, the insurer must pay 75 percent of the usual and customary fee charged by the provider to nonworkers' compensation patients.

(5) The maximum fee that an insurer is required to pay for a particular procedure is listed on the department web site and was computed using the RVU in the total facility or nonfacility column of the RBRVS times the conversion factor, except as otherwise provided for in these rules.

(6) Professionals, including those who furnish services in a hospital, critical access hospital, ambulatory surgery center, or other facility setting must bill insurers using the CMS 1500, with the exception of physical therapy, occupational therapy, and speech therapy services provided on an outpatient basis and billed on a UB04. Dental providers may bill insurers using the American Dental Association (ADA) Dental Claim Form.

(7) Each provider is to limit services to those which can be performed within the provider's scope of license. For nonlicensed providers, the insurer is not required to reimburse above the related CPT codes for appropriate services.

(8) When billing the services listed below, the Montana unique code, MT001, must be used and a separate written report is required describing the services provided. The reimbursement rate for this code is 0.54 RVUs per 15 minutes with time documented by the provider. These requirements apply to the following services:

(a) face-to-face conferences with payor representative(s) to update the status of a patient upon request of the payor;

(b) a report associated with nonphysician conferences required by the payor;

(d) written questions that require a written response from the provider.

(9) Where a service is listed as "by report," the fee charged may not exceed the usual and customary fee charged by the provider to nonworkers' compensation patients.

(10) It is the responsibility of the provider to use the proper procedure, service, and supply codes on any bills submitted for payment. The failure of a provider to do so, however, does not relieve the insurer's obligation to pay the bill, but it may justify delays in payment until proper coding of the services provided is received by the insurer.

(11) Copies of the RBRVS are available from the publisher. Ordering information may be obtained from the department.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2013 MAR p. 1185, Eff. 7/12/13; AMD, 2014 MAR p. 1513, Eff. 7/11/14; AMD, 2015 MAR p. 818, Eff. 6/26/15; AMD, 2016 MAR p. 1055, Eff. 6/18/16; AMD, 2017 MAR p. 784, Eff. 6/10/17; AMD, 2018 MAR p. 1036, Eff. 5/26/18; AMD, 2019 MAR p. 848, Eff. 6/22/19; AMD, 2020 MAR p. 1021, Eff. 6/13/20; AMD, 2021 MAR p. 716, Eff. 6/12/21; AMD, 2022 MAR p. 1075, Eff. 6/25/22; AMD, 2024 MAR p. 1066, Eff. 5/11/24; AMD, 2024 MAR p. 1457, Eff. 7/1/24; AMD, 2026 MAR, Notice No. 2025-110, Eff. 1/10/26.

Mont. Admin. R. 24.29.1536 Conversion Factors--Methodology for Services Provided from April 1, 1993, Through December 31, 2007

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 1994 MAR p. 680, Eff. 4/1/94; AMD, 2002 MAR p. 1758, Eff. 7/1/02; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1537 Special Monitoring and Adjustment of Physical Medicine Fees During the Period July 1, 2002 Through December 31, 2003

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2002 MAR p. 1758, Eff. 7/1/02; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1538 Conversion Factors

(1) The conversion factors established by the department for goods and services, other than anesthesia services are:

(a) $59.72 on or after July 1, 2026.

(b) All prior conversion factors for services provided starting July 1, 2013, are available on the department's website.

(2) The conversion factors established by the department for anesthesia services are:

(a) $68.20 on or after July 1, 2026.

(b) All prior conversion factors for services provided starting July 1, 2013, are available on the department's website.

(3) The department will annually survey up to the top five insurers or third-party administrators providing group health plan coverage in Montana to collect information on the conversion factors paid during the current year for professional health care services in Montana. The term group health plan has the same meaning as provided in 33-22-140, MCA.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2007 MAR p. 1670, Eff. 10/26/07; AMD, 2009 MAR p. 8, Eff. 1/16/09; AMD, 2009 MAR p. 2482, Eff. 12/25/09; AMD, 2013 MAR p. 1185, Eff. 7/12/13; AMD, 2014 MAR p. 1513, Eff. 7/11/14; AMD, 2015 MAR p. 818, Eff. 6/26/15; AMD, 2016 MAR p. 1055, Eff. 6/18/16; AMD, 2017 MAR p. 784, Eff. 6/10/17; AMD, 2018 MAR p. 1036, Eff. 5/26/18; AMD, 2019 MAR p. 848, Eff. 6/22/19; AMD, 2020 MAR p. 1021, Eff. 6/13/20; AMD, 2021 MAR p. 716, Eff. 6/12/21; AMD, 2022 MAR p. 1075, Eff. 6/25/22; AMD, 2023 MAR p. 522, Eff. 6/10/23; AMD, 2024 MAR p. 1066, Eff. 5/11/24; AMD, 2024 MAR p. 1457, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-30, Eff. 7/1/25; AMD, 2026 MAR, Notice No. 2026-88, Eff. 7/1/26.

Mont. Admin. R. 24.29.1541 Acupuncture Fees for Services Provided from April 1, 1993, Through December 31, 2007

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 1994 MAR p. 680, Eff. 4/1/94; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1551 Dental Specialty Area Fees for Services Provided from April 1, 1993, Through December 31, 2007

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 1994 MAR p. 680, Eff. 4/1/94; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1561 Physician Fees -- Medicine for Services Provided from April 1, 1993, Through December 31, 2007

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 1993 MAR p. 1659, Eff. 8/1/93; AMD, 1994 MAR p. 680, Eff. 4/1/94; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1566 Physician Fees -- Anesthesia Specialty Area for Services Provided from April 1, 1993, Through December 31, 2007

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 1994 MAR p. 680, Eff. 4/1/94; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1571 Chiropractic Fees for Services Provided from April 1, 1993 Through June 30, 2002

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 1993 MAR p. 1659, Eff. 8/1/93; AMD, 1994 MAR p. 680, Eff. 4/1/94; AMD, 2002 MAR p. 1758, Eff. 7/1/02; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1572 Chiropractic Fees for Services Provided from July 1, 2002, Through December 31, 2007

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2002 MAR p. 1758, Eff. 7/1/02; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1573 Prior Authorization and Billing Limitations for Chiropractic Services Provided from July 1, 2002, Through December 31, 2007

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2002 MAR p. 1758, Eff. 7/1/02; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1574 Chiropractic Fee Schedule for Services Provided from January 1, 2008, Through June 30, 2011

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2007 MAR p. 1670, Eff. 10/26/07; AMD, 2011 MAR p. 1137, Eff. 6/24/11; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1575 Chiropractic--Prior Authorization and Billing Limitations for Services Provided from January 1, 2008, Through June 30, 2011

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2007 MAR p. 1670, Eff. 10/26/07; AMD, 2011 MAR p. 1137, Eff. 6/24/11; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1581 Provider Fees--Occupational and Physical Therapy Specialty Area for Services Provided from April 1, 1993 Through June 30, 2002

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 1993 MAR p. 404, Eff. 4/1/93; AMD, 1994 MAR p. 680, Eff. 4/1/94; AMD, 2002 MAR p. 1758, Eff. 7/1/02; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1582 Provider Fees--Occupational and Physical Therapy Specialty Area for Services Provided from July 1, 2002 Through September 30, 2003

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2002 MAR p. 1758, Eff. 7/1/02; AMD, 2007 MAR p. 260, Eff. 2/23/07; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1583 Prior Authorization and Billing Limitations for Services Provided by Occupational Therapists and Physical Therapists from July 1, 2002, Through December 31, 2007

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2002 MAR p. 1758, Eff. 7/1/02; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1584 Provider Fees--Occupational and Physical Therapy Specialty Area for Services Provided from October 1, 2003, Through December 31, 2007

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2007 MAR p. 260, Eff. 2/23/07; AMD, 2007 MAR p. 1670, Eff. 10/26/07; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1585 Occupational and Physical Therapy Fee Schedule for Services Provided from January 1, 2008, Through June 30, 2011

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2007 MAR p. 1670, Eff. 10/26/07; AMD, 2011 p. 1137, Eff. 6/24/11; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1586 Occupational and Physical Therapists--Prior Authorization and Billing Limitations for Services Provided from January 1, 2008, Through June 30, 2011

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2007 MAR p. 1670, Eff. 10/26/07; AMD, 2011 MAR p. 1137, Eff. 6/24/11; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Subchapter 24.29.16 Utilization and Treatment Guidelines

Mont. Admin. R. 24.29.1601 Definitions

As used in this subchapter, the following definitions apply:

(1) "Claim" means an injury or occupational disease where:

(a) liability has been accepted by the insurer; or

(b) payment has been made by the insurer pursuant to:

(i) 39-71-608, MCA;

(ii) 39-71-615, MCA; or

(iii) any other reservation of rights.

(2) "Evidence-based" means use of the best evidence available in making decisions about the care of the individual patient, gained from the scientific method of medical decision-making and includes use of techniques from science, engineering, and statistics, such as randomized controlled trials (RCTs), meta-analysis of medical literature, integration of individual clinical expertise with the best available external clinical evidence from systematic research, and a risk-benefit analysis of treatment (including lack of treatment).

(3) " Formulary" means the list of drugs for which prior authorization is generally not needed, as adopted and automatically updated pursuant to ARM 24.29.1616.

(4) "Formulary rules" means:

(a) ARM 24.29.1601;

(b) ARM 24.29.1607;

(d) ARM 24.29.1624;

(e) ARM 24.29.1631;

(f) ARM 24.29.1645; and

(g) ARM 24.29.1648.

(5) "Insurer" means compensation plan No. 1, plan No. 2, and plan No. 3.

(6) "Legacy claim" means a workers' compensation or occupational disease claim with an occurrence date before April 1, 2019.

(7) "Medical director" means a person who is an employee of, or contractor to, the department, and who is responsible for the independent medical review of requests for treatment(s) or procedure(s), when those requests are denied, and whose responsibility will also include other areas to be determined by the department. A person serving as a medical director must be a physician licensed by the state of Montana under Title 37, chapter 3, MCA.

(8) "Montana Guidelines" are the Montana utilization and treatment guidelines adopted by the department in ARM 24.29.1611.

(9) "ODG drug formulary" means the ODG Workers' Compensation Drug Formulary published by MCG Health, LLC.

(10) "PBM" mean the pharmacy benefits manager used by an insurer to help the insurer implement the formulary's use in the insurer's claims handling processes.

(11) "Primary medical services" has the same meaning as provided by 39-71-116, MCA.

(12) "Prior authorization" means the interested party receives prior authorization (either verbally or in writing) from the insurer:

(a) to perform treatment for those cases identified by ARM 24.29.1621; or

(b) to obtain medications for those cases identified in the formulary rules as requiring prior authorization.

(13) "Rebuttable presumption" means that the Montana Guidelines, as adopted in ARM 24.29.1611, are presumed to be compensable medical treatment for an injured worker. The presumption can be rebutted by a preponderance of credible medical evidenced-based material and medical reasons to justify that the medical treatment(s) or procedure(s) that require prior authorization are reasonable and necessary care for the injured worker.

(14) "Refill" means the dispensing of additional medications after the initial number of doses authorized by a written prescription have been dispensed, where the prescription expressly indicates that a certain number of refills are allowed without the need for another written prescription.

(15) "Supportive services" means those treatments, therapies, and related services that are designed to safely, effectively, and compassionately assist an injured worker transition from an existing medication regimen.

(16) "Treating physician" has the same meaning as provided by 39-71-116, MCA.

(17) "Treatment" has the same meaning as provided by ARM 24.29.1401A.

(18) "Treatment plan" means a written outline of how the provider intends to treat a specific condition or complaint. A treatment plan includes a transition plan provided for in ARM 24.29.1631. A treatment plan must be made in accordance with the Montana Guidelines adopted in ARM 24.29.1611 and made in accordance with any insurer authorized treatments or procedures.

History

Authorizing statute(s): 39-71-203, 39-71-704, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2018 MAR p. 2531, Eff. 1/1/19; AMD, 2024 MAR p. 1066, Eff. 5/11/24; AMD, 2025 MAR, Notice No. 2025-30, Eff. 7/1/25.

Mont. Admin. R. 24.29.1604 Applicability of Utilization and Treatment Rules

(1) The following rules are subject to the applicability provisions of this rule:

(a) ARM 24.29.1611;

(b) ARM 24.29.1621;

(d) ARM 24.29.1609.

(2) The rules identified in (1) apply to:

(a) injuries that occurred on or before June 30, 2007, for any treatment rendered on or after July 1, 2011, except that the provisions of (3) apply; and

(b) injuries that occurred on or after July 1, 2007, for any treatment rendered on or after July 1, 2011.

(3) The presumption of compensability in the Montana utilization and treatment guidelines adopted by ARM 24.29.1611 does not apply to injuries occurring on or before June 30, 2007. However, treatment for these injuries made in accordance with the guidelines constitutes reasonable primary or secondary medical treatment, pursuant to 39-71-704, MCA, for any condition or diagnosis identified in the guidelines. Therefore, prior authorization is not required for treatment within the guidelines for these injuries unless prior authorization would otherwise be required under these rules.

(4) As used in this subchapter, the term "injuries" includes occupational diseases which were diagnosed as an occupational disease, or should have been diagnosed as an occupational disease, during the time period specified.

History

Authorizing statute(s): 39-71-203, 39-71-704, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2011 p. MAR 1137, Eff. 6/24/11; TRANS from ARM 24.29.1596 and AMD, 2018 MAR p. 2531, Eff. 1/1/19.

Mont. Admin. R. 24.29.1607 Applicability of Formulary Rules to Out-Patient Services

(1) The provisions of these formulary rules apply to all claims arising on or after April 1, 2019, but only with respect to outpatient services.

(2) For claims arising before April 1, 2019, which are referred to as "legacy claims," the rules in this subchapter will apply to prescriptions written on or after April 1, 2020, or 90 days after the insurer gives notice as provided in ARM 24.29.1631, whichever is later.

(3) The provisions of this subchapter, including the formulary adopted and automatically updated as provided in ARM 24.29.1616 apply as they are in effect on the date the prescription is written.

(4) Nothing in this subchapter excuses an insurer from providing medications that constitute primary medical services required to be furnished by 39-71-704, MCA.

(5) Nothing in this subchapter requires an insurer to use the services of a PBM.

History

Authorizing statute(s): 39-71-203, 39-71-704, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2018 MAR p. 2531, Eff. 1/1/19.

Mont. Admin. R. 24.29.1609 Applicability of Utilization and Treatment Guidelines for Managed Care Organizations or Preferred Provider Organizations

(1) Managed care organizations or preferred provider organizations providing any treatment for primary and secondary medical services to an injured worker shall use the Montana Guidelines. This rule does not alter or change how managed care organizations or preferred provider organizations are paid pursuant to 39-71-704, MCA.

(2) The provisions of this rule apply to medical services provided, or proposed to be provided, on or after July 1, 2011.

History

Authorizing statute(s): 39-71-203, 39-71-704, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2011 MAR p. 1137, Eff. 6/24/11; TRANS from ARM 24.29.1599, 2018 MAR p. 2531, Eff. 1/1/19.

Mont. Admin. R. 24.29.1611 Utilization and Treatment Guidelines

(1) The department adopts the utilization and treatment guidelines provided by this rule to set forth the level and type of care for primary and secondary medical services. As provided by 39-71-704, MCA, there is a rebuttable presumption that the Montana Guidelines establish compensable medical treatment for primary and secondary medical services for the injured worker. The applicable utilization and treatment guidelines are available electronically on the department's website. The Montana Guidelines incorporated by reference apply as follows:

(a) for medical services provided on or after January 10, 2026: "Montana Utilization and Treatment Guidelines, 9th edition, 2025"; and

(b) all prior Utilization and Treatment Guidelines starting July 1, 2011, are available on the department's website or by contacting the department to request a copy.

(2) The utilization and treatment guidelines adopted in (1) are to be read in conjunction with the Centers for Disease Control publication, "CDC Guideline for Prescribing Opioids for Chronic Pain – United States, 2022."

(3) When providing treatment for primary and secondary medical services to an injured worker, all health care providers shall use the Montana Guidelines adopted by reference in (1).

(a) In cases where treatment(s) or procedure(s) are recommended by the Montana Guidelines, and treatment is provided in accordance with the guidelines, prior authorization is unnecessary unless the Montana Guidelines specify otherwise.

(b) The department recognizes that medical treatment may include deviations from the Montana Guidelines as individual cases dictate. The provider or interested party shall follow the procedure for prior authorization under ARM 24.29.1621 for cases in which treatments or procedures are requested that are:

(i) not specifically addressed or recommended by the Montana Guidelines for a body part that is covered by a guideline;

(ii) after maximum medical improvement; or

(iii) beyond the duration and frequency limits set out in the guidelines.

(i) prior authorization is obtained from the insurer pursuant to 39-71-704, MCA, and in accordance with ARM 24.29.1621; or

(ii) the treatment(s) or procedure(s) were provided in a medical emergency.

(d) For those body parts not included in one of the guideline chapters, providers must apply and follow the general guideline principles that are found at the beginning of each chapter, and an insurer is liable for reasonable medical treatment.

(4) All insurers shall routinely and regularly review claims to ensure that care is consistent with the Montana Guidelines adopted by reference in (1) and (6).

(5) The provisions of this rule apply to medical services provided on or after July 1, 2011.

(6) Effective April 1, 2019, the formulary adopted in ARM 24.29.1616 is considered to be a part of the Montana Guidelines.

History

Authorizing statute(s): 39-71-203, 39-71-704, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2011 MAR p. 1137, Eff. 6/24/11; AMD, 2014 MAR p. 1513, Eff. 7/11/14; AMD, 2015 MAR p. 818, Eff. 6/26/15; AMD, 2016 MAR p. 2420, Eff. 12/24/16; AMD, 2017 MAR p. 2185, Eff. 11/25/17; TRANS from ARM 24.29.1591 and AMD, 2018 MAR p. 2531, Eff. 1/1/19; AMD, 2019 MAR p. 846, Eff. 6/22/19; AMD, 2021 MAR p. 761, Eff. 6/26/21; AMD, 2023 MAR p. 523, Eff. 6/10/23; AMD, 2024 MAR p. 1066, Eff. 5/11/24; AMD, 2026 MAR, Notice No. 2025-110, Eff. 1/10/26.

Mont. Admin. R. 24.29.1616 Incorporation by Reference and Updates to the Formulary

(1) The department will annually undertake formal rulemaking to select a formulary. The formulary may be any one of the following:

(a) a formulary published by a commercial vendor;

(b) a formulary published by another state for use in workers' compensation and occupational disease claims; or

(2) The department adopts and incorporates by reference its formulary as follows:

(a) for prescriptions written on or after July 1, 2026, the April 2026 edition of the ODG Drug formulary; and

(b) all prior ODG drug formulary lists starting January 2019, are available on the department's website or by contacting the department to request a copy.

(3) Pursuant to 2-4-307, MCA, the automatic monthly updates of the annually adopted edition of the formulary are incorporated by reference without additional rulemaking, and are applicable as of the date the update is posted on the department's web site.

(4) The formulary is available on the department's website and from the vendor, via electronic access, at a subscription rate charged by the vendor, which may include supplemental information or materials that are not incorporated by reference. The vendor may be contacted at www.mcg.com/odg, and at ODG by MCG Health, 3006 Bee Caves Road, Suite A250, Austin, TX 78746.

(5) Archived versions of the formulary will be maintained by the department for five years from the date of the adoption of the formulary.

History

Authorizing statute(s): 39-71-203, 39-71-704, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2018 MAR p. 2531, Eff. 1/1/19; AMD, 2019 MAR p. 2363, Eff. 12/28/19; AMD, 2020 MAR p. 2431, Eff. 12/25/20; AMD, 2021 MAR p. 761, Eff. 6/26/21; AMD, 2022 MAR p. 1075, Eff. 6/25/22; AMD, 2023 MAR p. 523, Eff. 6/10/23; AMD, 2024 MAR p. 1066, Eff. 5/11/24; AMD, 2024 MAR p. 1457, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-30, Eff. 7/1/25; AMD, 2026 MAR, Notice No. 2026-88, Eff. 7/1/26.

Mont. Admin. R. 24.29.1621 Prior Authorization

(1) Prior authorization must be obtained in cases where treatment(s) or procedure(s) are requested that:

(a) are not specifically addressed or recommended by the Montana Guidelines for a body part that is covered by a guideline or for body parts not covered by the Montana Guidelines;

(b) are after maximum medical improvement;

(d) the guidelines require prior authorization before proceeding with the treatment.

(2) Prior authorization is not required for emergency procedures.

(3) When the guidelines explicitly require prior authorization for a treatment or modality, documentation need only include the clinical indications outlined in the guidelines to support that the treatment or modality is appropriate for the injured worker.

(4) When prior authorization is required because an interested party wishes to rebut the presumption of the guidelines, the interested party must submit to the insurer documentation to support the request and justification that the medical treatment(s) or procedure(s) are reasonable and necessary care for the injured worker. Documentation must consist of a preponderance of credible medical evidenced-based material and medical reasons to rebut the Montana Guidelines. Documentation submitted to rebut the guidelines may include any information from the following list. However, nothing in this list is intended to imply that any given information is sufficient to rebut the guidelines. Rather, whether the presumption of the guidelines is rebutted can only be determined on a case-by-case basis. Submitted information may include:

(a) an explanation or documentation of how the patient's medical condition is different from the medical indications used in the Montana Guidelines that may have resulted in a negative recommendation or exclusion;

(b) an explanation or documentation of objective findings and functional improvements that would be the expected result of the treatment(s) or procedure(s), either from past experience or from an explanation about the mechanism of injury and the effect of the treatment(s) or procedure(s), and where improvement can be measured;

(d) an explanation or documentation of measurable goals and progress points expected from additional treatment;

(e) a statement of how the request will benefit both a short-term and long-term treatment plan; or

(f) any additional evidence-based utilization and treatment guidelines or studies that support the interested party's case.

(5) All prior authorization requests must be made at least 14 days prior to the date the service is scheduled.

(a) Authorization is presumed to be given if not denied within 14 days.

(b) An insurer may notify the interested party of authorization by written confirmation, e-mail, or facsimile (fax).

(c) A verbal request for authorization must be memorialized in writing to the insurer by the provider promptly. The memorialization must include all relevant details of the request and approval.

(6) If the insurer denies the prior authorization request, the denial must be in writing and must contain an explanation of why the justification is not sufficient.

(a) The denial must not be based solely on the fact that the medical treatment(s) or procedure(s) are not specifically addressed or recommended by the Montana Guidelines.

(b) If the written denial is five or fewer days before the expiration of the 14- day response period, the insurer must also notify the interested party of the denial by e-mail or facsimile (fax).

(7) When an insurer denies liability for an injury or occupational disease, and the insurer then later assumes liability for a particular condition, the insurer may not deny payment for the medical services provided for that condition during the period of denial based solely on failure to obtain prior authorization.

History

Authorizing statute(s): 39-71-203, 39-71-704, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2011 MAR p. 1137, Eff. 6/24/11; TRANS from ARM 24.29.1593, 2018 MAR p. 2531, Eff. 1/1/19; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1624 Integration of Formulary with Montana Utilization and Treatment Guidelines – When Prior Authorization Is Required

(1) The formulary is considered to be a part of the Montana Guidelines established by the department.

(2) A medical provider is expected to write a prescription for medication in accordance with the Montana Guidelines, as adopted by ARM 24.29.1611, and in accordance with the formulary adopted by ARM 24.29.1616.

(3) Because the formulary is part of the Montana Guidelines, medical providers are required to prescribe in accordance with the provisions of the formulary unless the provider can sufficiently articulate sound medical reasoning to vary from the formulary.

(4) Insurers shall pay for medications that are prescribed in a manner consistent with the formulary, subject to the medical provider furnishing documentation as required by ARM 24.29.1621. Payments for medications are subject to the provisions of 39-71-727, MCA.

(5) Pursuant to the formulary, prior authorization for an injury appropriate medication is not required as follows:

(a) the medication is listed as "Y" on the formulary; or

(b) the medication is listed as "N" on the formulary, and the prescription is:

(i) written within seven days of the occurrence of the workplace injury; and

(ii) limited to a maximum of a seven-day supply of the medication.

(6) Pursuant to the formulary, prior authorization for a medication is required as follows:

(a) except as provided by (5)(b), the medication is listed as "N" on the formulary;

(b) the medication is not listed on the formulary;

(d) the medication is a compound, even if all the components of the compound are listed as "Y" medications on the formulary.

(7) The prior authorization process described in ARM 24.29.1621 applies to formulary matters, except that:

(a) the insurer shall respond within three business days of the receipt of a request for prior authorization being made to the insurer or the insurer's designee, by either approving or denying the request; and

(b) if the insurer fails to respond within three business days to a request for prior authorization, the prescription is deemed to be approved. An approval for a prescription medication made due to the lack of a timely response by the insurer does not apply to any refill that may be ordered.

(8) An insurer may delegate prior authorization decisions pertaining to the formulary to a PBM or other agent with which it contracts. An insurer has the legal responsibility for the decisions made by the PBM on behalf of the insurer.

(9) The delegation by an insurer of prior authorization decisions pertaining to the formulary to a PBM or other agent does not, in and of itself, violate the requirement of 39-71-107, MCA, that all claims be examined by a claims examiner in Montana.

History

Authorizing statute(s): 39-71-203, 39-71-704, MCA
Implementing statute(s): 39-71-107, 39-71-704, MCA
History: NEW, 2018 MAR p. 2531, Eff. 1/1/19.

Mont. Admin. R. 24.29.1631 Special Provisions for Transition of Legacy Claims – When Applicable

(1) The insurer shall notify in writing the injured worker and the treating physician (who, for the purposes of this rule, also includes any other prescribing medical provider) that a claim constitutes a legacy claim in which the insurer will enforce the applicability of these formulary rules.

(2) The notification required by (1) must include at least the following information:

(a) the name of the injured worker;

(b) the name of the treating physician or other prescribing medical provider;

(d) the name and contact information of the claims examiner responsible for the injured worker's claim; and

(e) the date upon which the insurer will enforce the applicability of these formulary rules.

(3) This rule applies to a legacy claim on the latter of:

(a) April 1, 2020; or

(b) 90 days after the insurer provides notice as provided by (1).

(4) By not later than the applicability date of this rule pursuant to (3), the treating physician shall determine whether a transition plan is needed for an injured worker who is receiving:

(a) one or more drugs for which prior authorization is otherwise required; or

(b) drugs at a dosage level greater than recommended by the Montana Guidelines.

(5) The treating physician must state in writing whether the injured worker:

(a) should transition to "Y" status drugs or to medication dosages which are consistent with the recommendations of the Montana Guidelines; or

(b) should not undergo a transition from the existing medications because a transition is not medically appropriate.

(6) The treating physician must provide the basis for the medical provider's decision as required by ARM 24.29.1621. The explanation, and development of a transition plan as appropriate, constitutes a "by report" service (CPT code 99080).

(7) If the treating physician fails to provide the determination required in (5), by the date this rule becomes applicable to the claim pursuant to (3), these formulary rules will apply to prescriptions written for the injured worker.

(8) If the treating physician determines a transition from one or more drugs for which prior authorization required to a "Y" status drug is appropriate, or that a reduction in dosage is appropriate, the treating physician shall include in the worker's treatment plan a specific plan, including a projected time table or schedule, for transitioning the injured worker to care that is consistent with the Montana Guidelines.

(9) The treatment plan may, when determined by the treating physician to be medically necessary, include the provision of supportive services to the injured worker during the transition.

(10) Supportive services may be delivered in an out-patient or an in-patient setting, as appropriate, based upon the treating provider's transition plan. Supportive services that are reasonable and medically necessary constitute part of the primary medical services to which an injured worker with a legacy claim is entitled.

(11) Nothing in this rule prohibits the treating physician from proposing a treatment plan for transition prior to an insurer's authorization as provided in (1).

History

Authorizing statute(s): 39-71-203, 39-71-704, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2018 MAR p. 2531, Eff. 1/1/19.

Mont. Admin. R. 24.29.1641 Independent Medical Review Process

(1) An interested party who has requested and been denied authorization by the insurer for treatment, or an insurer, may request an independent medical review by the medical director designated by the department prior to mediation under 39-71-2401, MCA. If the independent medical review process is requested prior to mediation, the mediation process shall not proceed until completion of the independent medical review process.

(2) The interested party or insurer must submit its request for review to the department and must notify the other party of its request for review. Upon notice of a request for review, the insurer must submit a copy of the request for prior authorization, the denial, and any other relevant medical information to the department. The interested party and the insurer may also submit additional information to the department, if the information falls within the categories outlined in ARM 24.29.1621. Any new information submitted to the department must also be submitted to the other party.

(3) The medical director will review the medical records of the injured worker and other information relevant to the denial and issue a recommendation. For purposes of this rule, the medical director is the specific individual designated by the department to serve as the medical director with respect to a given set of disputed treatments or procedures. The medical director may seek consultation from other providers with specialties as would typically manage the medical condition at issue. If a consultation is sought and received, that provider's recommendation is also subject to the provisions of this rule.

(4) The medical director shall, within five days of receipt of the request for review, issue a written recommendation to the interested party and the insurer by mail, facsimile, or e-mail, or issue a notice that additional information or time is required to tender a recommendation along with an approximate date the recommendation will be issued, not to exceed 14 days from the date of receipt of the review request. If the medical director does not issue a recommendation within 14 days, the request for review is deemed denied and the parties may proceed to mediation.

(5) The medical director's review and recommendation is an informal alternative dispute resolution process without administrative or judicial authority and is not binding on the parties.

(a) The medical director's files and records are closed to all persons but the parties.

(b) The medical director may not be called to testify in any proceeding concerning the issues discussed in the independent medical review process.

(c) The medical director's recommendation and any information contained in the recommendation that is solely from the medical director are not admissible as evidence in any action subsequently brought in any court of law.

(d) The medical director's recommendation, including information contained in the recommendation, may be considered in mediation conducted under 39-71-2401, MCA.

(6) The insurer shall, within five days of receipt of the recommendation, notify the interested party if the previously denied treatment(s) or procedure(s) is authorized based on the medical director's recommendation.

(7) If the insurer does not authorize treatment after issuance of the medical director's recommendation, the interested party may file for mediation with the department pursuant to 39-71-2401, MCA.

(8) The provisions of this rule apply to medical services provided, or proposed to be provided, on or after July 1, 2011.

(9) An expedited case review for medications is provided by ARM 24.29.1645.

History

Authorizing statute(s): 39-71-203, 39-71-704, MCA
Implementing statute(s): 39-71-224, 39-71-704, 39-71-2401, MCA
History: NEW, 2011 MAR p. 1137, Eff. 6/24/11; TRANS from ARM 24.29.1595 and AMD, 2018 MAR p. 2531, Eff. 1/1/19.

Mont. Admin. R. 24.29.1645 Expedited Case Review for Prescription Medications by Dli Medical Director

(1) Expedited case review is available only when insurer declines to authorize further dispensing of an already prescribed medication and halting the supply of that medication appears likely to result in a medical emergency.

(2) A medical emergency occurs when all three of the following circumstances are present:

(a) the medical condition has a sudden onset;

(b) the medical condition manifests itself by acute symptoms of sufficient severity, including severe pain; and

(i) placing the injured worker's health or bodily functions in serious jeopardy; or

(ii) a serious dysfunction of any body organ or part of the injured worker.

(3) An expedited case review may be requested concurrently with a demand for mediation on the dispute concerning the medication.

(4) An expedited case review may only be requested within 14 days of the insurer's denial of, or refusal to authorize further dispensing of an already prescribed medication.

(5) A request for an expedited case review must be supported by such written information as the treating physician considers pertinent to the treating physician's opinion that a medical emergency is likely to occur as a result of the denial of the medication.

(6) The expedited medical review will be conducted within three business days of receipt by the department of a written request for an expedited medical review. The findings of the expedited medical review must be in writing and be based on the information provided by the treating physician, along with the reasoning given by the insurer or its agent for the denial.

(7) The findings of the medical director regarding whether or not a medical emergency is likely to occur as the result of not providing the further dispensing of medication as prescribed by the treating physician may be offered in evidence in mediation or the Workers' Compensation Court.

(8) If the findings of the medical director are that no medical emergency is likely to occur as a result of the insurer's denial, then the medical director shall further consider the matter of the denial under the independent medical review procedures provided for by ARM 24.29.1641.

History

Authorizing statute(s): 39-71-203, 39-71-704, MCA
Implementing statute(s): 39-71-704, MCA
History: NEW, 2018 MAR p. 2531, Eff. 1/1/19.

Mont. Admin. R. 24.29.1648 Dispute Resolution for Formulary

(1) Disputes between the treating physician and the insurer regarding the formulary are subject to the same process available for other disputes regarding the Montana Guidelines, except as provided in ARM 24.29.1645.

(2) A dispute between the injured worker and the insurer regarding the use or application of the formulary constitutes a dispute concerning benefits, and may be resolved as provided by 39-71-2905, MCA.

History

Authorizing statute(s): 39-71-203, 39-71-704, MCA
Implementing statute(s): 39-71-704, 39-71-2905, MCA
History: NEW, 2018 MAR p. 2531, Eff. 1/1/19.

Subchapter 24.29.17 Rehabilitation

Mont. Admin. R. 24.29.1701 Rehabilitation Provider Designation (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 39-71-203, MCA
Implementing statute(s): Sec. 39-71-1014, 39-71-1015, and 39-71-1023, MCA
History: NEW, 1987 MAR p. 1988, Eff. 10/30/87; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1702 Rehabilitation Panels for Claims Between July 1, 1987 and June 30, 1991

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-1015, 39-71-1016, 39-71-1017, 39-71-1018, 39-71-1019, MCA
History: NEW, 1987 MAR p. 1988, Eff. 10/30/87; AMD, 2013 MAR p. 841, Eff. 5/24/13; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1705 Local Job Pool Area Definition (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-1011, 39-71-1012, MCA
History: NEW, 1987 MAR p. 1988, Eff. 10/30/87; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1710 Auxiliary Rehabilitation Benefits

(1) A claimant may request auxiliary rehabilitation benefits and must obtain the insurer's authorization prior to incurring such expenses.

(2) Mileage and per diem expenses may be paid for up to five round trips in searching for new employment.

(3) Relocation expenses include actual expenses of moving by a commercial mover, or actual charges for rental of a truck or trailer by a commercial rental company and receipted fuel expenses.

(4) Auxiliary rehabilitation benefits do not include the expenses of long term commuting.

(5) The department may order the insurer to pay such other reasonable and necessary auxiliary rehabilitation benefits as it deems appropriate.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-1025, MCA
History: NEW, 1987 MAR p. 1988, Eff. 10/30/87; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1721 Payment of Rehabilitation Expenses from the Industrial Accident Rehabilitation Account for Claims Arising Before July 1, 1991

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): Title 39, chap. 71, part 10, MCA (1987) (1989) and (1991)
History: NEW, 1998 MAR p. 2872, Eff. 11/1/98; AMD, 2013 MAR p. 841, Eff. 5/24/13; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1722 Payment of Rehabilitation Expenses from the Industrial Accident Rehabilitation Account for Claims Arising on or After July 1, 1991 and Before July 1, 1997

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): Title 39, chap. 71, part 10, MCA
History: NEW, 1998 MAR p. 2872, Eff. 11/1/98; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1725 Information to Be Included in the Rehabilitation Plan

(1) The rehabilitation plan must include the following information:

(a) plan objectives that summarize the type and duration of the training agreed to by the parties. It should include where the claimant will receive the training and identify any prerequisites and/or contingencies;

(b) a projection of expenditures to be made pursuant to the plan including the date the funds are needed and to whom the funds should be paid;

(d) a description of the insurer's responsibilities under the plan;

(e) a description of the vocational rehabilitation provider's responsibilities; and

(f) the signatures of both the claimant and the authorized insurer's representative.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): Title 39, chap. 71, part 10, MCA
History: NEW, 1998 MAR p. 2872, Eff. 11/1/98; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1727 Department's Notice of Authorization or Denial of Use of Trust Funds

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): Title 39, chap. 71, part 10, MCA
History: NEW, 1998 MAR p. 2872, Eff. 11/1/98; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1731 Allowable Rehabilitation Expenses

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): Title 39, chapter 71, part 10, MCA
History: NEW, 1998 MAR p. 2872, Eff. 11/1/98; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1733 Disallowed Rehabilitation Expenses

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): Title 39, chapter 71, part 10, MCA
History: NEW, 1998 MAR p. 2872, Eff. 11/1/98; AMD, 2000 MAR p. 2701, Eff. 10/6/00; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1735 Documentation Required

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): Title 39, chapter 71, part 10, MCA
History: NEW, 1998 MAR p. 2872, Eff. 11/1/98; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1737 Insurer Responsibility to Provide Information to the Department

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): Title 39, chap. 71, part 10, MCA
History: NEW, 1998 MAR p. 2872, Eff. 11/1/98; REP, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1741 Payment of Rehabilitation Expenses

(1) The insurer must pay for tuition, fees, books, supplies, and equipment which are a prerequisite for the retraining and required by the provider of the training. Unless otherwise agreed upon by the insurer and the claimant, the insurer is not responsible for optional expenses which are not required to complete the retraining plan.

(2) The insurer is not liable for tuition, fees, books or equipment costs incurred if the claimant fails to complete registration requirements or fails to properly withdraw from the agreed upon training program. The insurer is entitled to any refund of tuition or fees that may be paid by the retraining entity upon the early withdrawal of the claimant from the training program. In addition, the insurer is entitled to possession of books, tools or other equipment previously paid for by the insurer upon the pre-graduation withdrawal of the claimant from the agreed upon training program.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): Title 39, chap. 71, part 10, MCA
History: NEW, 1998 MAR p. 2872, Eff. 11/1/98; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.1761 Disputes Over Rehabilitation Expenses (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): Title 39, chap. 71, part 10, MCA
History: NEW, 1998 MAR p. 2872, Eff. 11/1/98; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Subchapter 24.29.18 Stay at Work/Return to Work

Mont. Admin. R. 24.29.1801 Definitions

As used in this subchapter, the following definitions apply:

(1) "Injured worker" means an individual who has filed a claim for a workers' compensation injury or occupational disease and who does not meet the definition of a disabled worker.

(2) "Insurer" means an employer bound by compensation plan No. 1, an insurance company transacting business under compensation plan No. 2, or the state fund under compensation plan No. 3, as defined in 39-71-116, MCA.

(3) "Medical status form" means the department reporting form completed by an injured worker's treating physician or designee, which documents an injured worker's medically necessary work restrictions and work abilities.

(4) "Outcome report form" means the department reporting form completed by an insurer or vocational rehabilitation counselor, which documents the results for the injured worker of SAW/RTW assistance.

(5) "Request" means a request for SAW/RTW assistance by letter, e-mail, or telephone call to the department or insurer. A request must include, at a minimum, the name of the injured worker, the requestor's name and requestor's telephone number. A note in a medical record does not constitute a request.

(6) "SAW/RTW" means stay at work/return to work.

(7) "Time-of-injury employer" means the employer under whose employment a worker was injured or developed an occupational disease.

(8) "Transitional employment" means work for the injured worker with the time-of-injury employer offered by the employer for a temporary period of time, and may include a reduction in hours, workplace modifications, and alternative job duties.

(9) "Vocational rehabilitation counselor" means a rehabilitation provider who possesses current certification from the Commission on Rehabilitation Counselor Certification, as defined in 39-71-1011, MCA.

History

Authorizing statute(s): 39-71-203, 39-71-1051, MCA
Implementing statute(s): 39-71-105, 39-71-116, 39-71-1011, 39-71-1036, MCA
History: NEW, 2012 MAR p. 1357, Eff. 7/13/12; AMD, 2018 MAR p. 2527, Eff. 1/1/19.

Mont. Admin. R. 24.29.1803 Applicability

(1) SAW/RTW assistance, pursuant to this subchapter, is applicable to workers who experience a work-related injury or occupational disease on or after July 1, 2012.

History

Authorizing statute(s): 39-71-203, 39-71-1051, MCA
Implementing statute(s): 39-71-105, 39-71-1011, 39-71-1031, 39-71-1041, 39-71-1042, 39-71-1043, 39-71-1049, MCA
History: NEW, 2012 MAR p. 1357, Eff. 7/13/12.

Mont. Admin. R. 24.29.1807 Responsibilities of the Insurer

(1) Each insurer shall adopt a SAW/RTW policy and submit a current, complete copy of the policy to the department. The insurer shall provide the department with all SAW/RTW policy updates a minimum of ten business days in advance of implementation of policy change.

(2) The insurer shall designate a single point of contact with authority to coordinate all department requests for SAW/RTW assistance for injured workers and shall provide the department with written notice of the contact person's name or position title, telephone number, email address, and mailing address. When contact information changes, the insurer shall update the department a minimum of ten business days in advance of the change.

(3) When a request for SAW/RTW assistance is made directly to the insurer prior to the insurer's acceptance of liability for a claim, the insurer may elect to provide SAW/RTW assistance to the injured worker or it may refer the injured worker to the department for assistance.

(4) When a request for SAW/RTW assistance is made directly to the insurer and the insurer declines to provide SAW/RTW assistance the insurer shall notify the injured worker and the department in writing within three business days of a request for assistance.

(5) After the department has initiated SAW/RTW assistance to an injured worker, the insurer shall notify the department in writing within three business days of the insurer's acceptance or denial of liability for an injured worker's claim.

(6) For notice purposes, the department's contact information is:

(a) via email, dlisawrtw@mt.gov;

(b) via fax machine, (406) 444-4140;

(d) via the street address is Employment Relations Division, Beck Building, 1805 Prospect Avenue, Helena, Montana.

(7) Notice sent by U.S. mail must be postmarked within the three business days required by this rule.

(8) The insurer shall report the outcome of SAW/RTW assistance to the department, using the department outcome reporting form, within 30 business days of the earliest of:

(a) the return to work start date;

(b) the termination of SAW/RTW services; or

History

Authorizing statute(s): 39-71-203, 39-71-1051, MCA
Implementing statute(s): 39-71-105, 39-71-1014, 39-71-1031, 39-71-1042, MCA
History: NEW, 2012 MAR p. 1357, Eff. 7/13/12.

Mont. Admin. R. 24.29.1811 Duties of the Department

(1) An injured worker is eligible for SAW/RTW assistance upon receipt by the department of a request for assistance from the injured worker, employer or health care provider.

(2) When the department is unable to identify the insurer within three business days of receiving a request for SAW/RTW assistance, the department shall provide assistance to the injured worker. When the department identifies the at-risk insurer after the department has initiated assistance, the department shall continue to provide SAW/RTW services to the injured worker when the insurer declines to provide SAW/RTW assistance or fails to respond to department notice of the initiation of services. The department shall provide services until it:

(a) terminates SAW/RTW services to the injured worker upon notice of insurer denial of liability for the claim;

(b) terminates SAW/RTW services to the injured worker upon exhaustion of the maximum allowed provider fees, as provided in ARM 24.29.1815; or

(c) transfers responsibility for the delivery of SAW/RTW assistance to the insurer upon notice of the insurer's acceptance of liability for the claim.

(3) When the department provides SAW/RTW assistance, the department shall assign a vocational rehabilitation counselor to each eligible injured worker to provide services which may include, but are not limited to, the following:

(a) personal contact with injured worker to assess the worker's commitment and ability to stay at or return to work;

(b) identification of barriers to the injured worker staying at or returning to work;

(c) review of the injured worker's medical status form to ensure worker's understanding of work abilities and restrictions;

(d) personal contact with injured worker's employer to establish employer's ability to provide transitional employment that meets injured worker's abilities, as outlined by the medical status form;

(e) facilitation of communication between injured worker and employer regarding offer and acceptance of transitional employment;

(f) communication with injured worker's treating physician or designee regarding the assessment and approval of transitional employment when approval is not explicitly provided by medical status form;

(g) verification that duties assigned by employer to injured worker during transitional employment conform with abilities outlined by the medical status form;

(h) identification of concerns of the injured worker and employer and problem-solving throughout the process of establishing transitional employment; and

(i) monitoring injured worker's readiness and ability to return to time of injury job and providing appropriate interventions as needed.

(4) The department shall provide written notice to the injured worker, employer and insurer, if identified, when a vocational rehabilitation counselor is assigned by the department to provide SAW/RTW services to an injured worker. The notice shall be mailed within three business days of the assignment of a vocational rehabilitation counselor.

(5) The department shall provide written notice to the injured worker, employer and insurer of the completion of department-provided SAW/RTW assistance within three business days of the completion of services.

History

Authorizing statute(s): 39-71-203, 39-71-1051, MCA
Implementing statute(s): 39-71-105, 39-71-1031, 39-71-1041, 39-71-1042, 39-71-1043, MCA
History: NEW, 2012 MAR p. 1357, Eff. 7/13/12.

Mont. Admin. R. 24.29.1815 Payment Schedule for Department-Provided Saw/Rtw Assistance

(1) The department shall pay vocational rehabilitation counselors for SAW/RTW services in accordance with the following fee schedule:

(a) a maximum of $90 per hour for services provided, billed in 1/10 hour increments;

(b) travel time of four (4) hours or less at one-half the hourly rate;

(d) mileage, lodging and meals at the State of Montana per diem rate established pursuant to Title 2, chapter 18, part 5, MCA.

(2) The department shall pay a maximum of $2,000.00 per claim to a certified vocational rehabilitation counselor for SAW/RTW services, not including mileage, lodging and meals.

(3) When the department provides the assistance, the department may pay up to $2,000.00 to assist an employer in modifying the workplace or purchasing equipment required for the employer to provide transitional employment. Any such equipment or workplace modifications become the property of the employer. To apply for financial assistance, the employer must submit a written application to the department that includes, at a minimum, the following:

(a) a written recommendation from the department-designated vocational rehabilitation counselor, which specifically describes the required workplace modification or equipment;

(b) the estimated cost of the recommended workplace modification; and

(4) The department may deny an employer's application for financial assistance when the department determines the application is incomplete or the request for assistance is unreasonable. The department will notify the employer as to whether the application is accepted or rejected, and the reasons for the action.

History

Authorizing statute(s): 39-71-203, 39-71-1049, 39-71-1051, MCA
Implementing statute(s): 39-71-105, 39-71-1042, 39-71-1049, MCA
History: NEW, 2012 MAR p. 1357, Eff. 7/13/12.

Mont. Admin. R. 24.29.1821 Vocational Rehabilitation Counselor for Department-Provided Saw/Rtw Assistance

(1) When the department provides SAW/RTW assistance, the department shall assign a vocational rehabilitation counselor to provide services to each eligible injured worker.

(2) The department shall select an appropriate vocational rehabilitation counselor for each injured worker, using the following criteria:

(a) geographical proximity to the injured worker's residence;

(b) ability to accept and promptly provide services to an injured worker; and

(c) specialized expertise and pertinent experience with the type of injury or challenges to returning to work faced by the injured worker.

(3) The vocational rehabilitation counselor shall notify the department of the services provided, the progress toward transitional employment, and assistance outcomes, as directed by the department.

History

Authorizing statute(s): 39-71-203, 39-71-1051, MCA
Implementing statute(s): 39-71-105, 39-71-1043, MCA
History: NEW, 2012 MAR p. 1357, Eff. 7/13/12; AMD, 2018 MAR p. 2527, Eff. 1/1/19.

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-203 and 39-71-704, MCA
History: Eff. 12/31/72; REP, 2002 MAR p. 1758, Eff. 7/1/02.

Subchapter 24.29.23 Managed Care Organizations

Mont. Admin. R. 24.29.2301 Purpose (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105 MCA
Implementing statute(s): 39-71-1103, 39-71-1105 MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2303 Definitions (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2311 Selection of Managed Care Organization and Treating Physician Within a Managed Care Organization (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2321 Preliminary Application (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-224, 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2323 Time, Place and Manner of Providing Services (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2326 Areas Served by the Managed Care Organization (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2329 Structure of Organization (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; AMD, 1998 MAR p. 2872, Eff. 11/1/98; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2331 Contents of the Managed Care Plan (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2336 Financial Ability of Organization (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2339 Approval of Preliminary Application (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2341 Final Application (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-224, 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2346 Original Certification (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2351 Reporting Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-224, 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2356 Department May Inspect or Audit (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2361 Application to Renew Certification, Notice of Intent Not to Renew Certification (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2366 Renewal Certification (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2371 Application to Modify Plan (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2373 Addition and Termination of Members (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2376 Revocation or Suspension of Certification (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2379 Dispute Resolution (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 1994 MAR p. 420, Eff. 3/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2380 Managed Care Organization Application and Renewal

(1) In addition to statutory requirements, applicants for recognition as a managed care organization must electronically submit:

(a) an application fee of $1,500;

(b) the proposed organizational structure and contact information;

(c) evidence that the applicant can meet the financial obligations of the contract, including capital, insurance, and business plan; and

(d) the managed care plan.

(2) Applications are reviewed for completeness. The department may request more information. Applications will be approved or denied on the information received.

(3) Certification is valid for two years. Renewal applications must be submitted at least 60 days before expiration. There is no renewal fee.

(4) Applications and renewals are public documents. If an applicant believes part of its applications is a trade secret, it must mark the information as confidential. The applicant will be notified if the information is requested. The applicant is responsible for defending any action to release the information.

History

Authorizing statute(s): 39-71-203, 39-71-1103, 39-71-1105, MCA
Implementing statute(s): 39-71-1103, 39-71-1105, MCA
History: NEW, 2024 MAR p. 1066, Eff. 5/11/24.

Subchapter 24.29.26 Subsequent Injury Fund Rules

Mont. Admin. R. 24.29.2601 Notification When Compensation to Be Continued Beyond 104 Weeks

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-904, MCA
Implementing statute(s): 39-71-904, MCA
History: Eff. 12/31/72; REP, 2010 MAR p. 2967, Eff. 12/24/10.

Mont. Admin. R. 24.29.2602 Introduction (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-904, MCA
Implementing statute(s): 39-71-901, 39-71-905, 39-71-907, 39-71-908, MCA
History: NEW, 2010 MAR p. 2967, Eff. 12/24/10; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2605 Definitions

For the purposes of this subchapter, the following definitions apply:

(1) "Applicant" means a person with a disability who applies to the department for SIF certification.

(2) "Reemployment" means placement with the time-of-injury employer in a new or modified position, with or without accommodations made for the certified worker's permanent impairment.

(3) "Referring agent" means a person or agency that assists an individual in preparing a SIF application.

(4) "SIF" means the subsequent injury fund, which is administered by the department.

History

Authorizing statute(s): 39-71-203, 39-71-904, MCA
Implementing statute(s): 39-71-116, 39-71-901, 39-71-905, MCA
History: NEW, 2010 MAR p. 2967, Eff. 12/24/10; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2607 Certification Process

(1) Application for certification requires the following documentation:

(a) a completed SIF application form signed by the applicant; and

(b) medical evidence of permanent impairment signed by a physician qualified to complete impairment ratings.

(2) When the department approves an application, the department shall notify the applicant and referring agent, if applicable, and provide the applicant with a letter of SIF certification.

(3) The department shall retain an incomplete application for a period of one year. When an application remains incomplete one year after submission, the department shall deny the application.

(4) When the department denies an application, the department shall issue an order informing the applicant and referring agent, if applicable.

History

Authorizing statute(s): 39-71-203, 39-71-904, MCA
Implementing statute(s): 39-71-905, MCA
History: NEW, 2010 MAR p. 2967, Eff. 12/24/10; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2610 Certification Requirements

(1) The department shall grant SIF certification to an individual when all of the following requirements are met:

(a) The applicant is a person with a disability. The applicant's disability may result from a congenital condition, trauma, or disease. The permanent impairment does not have to be caused by a work-related injury or occupational disease;

(b) The medical evidence of permanent impairment relates directly to the condition identified on the application form;

(d) A physician has provided written documentation of employment restrictions or limitations due to the applicant's permanent impairment that demonstrates the impairment presents a substantial obstacle to employment or reemployment.

History

Authorizing statute(s): 39-71-203, 39-71-904, MCA
Implementing statute(s): 39-71-905, MCA
History: NEW, 2010 MAR p. 2967, Eff. 12/24/10; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2614 Reimbursement Process

(1) An insurer seeking reimbursement shall send proof of 104 weeks of insurer payments for medical and indemnity benefits to the department. Documents must include:

(a) claimant name and claim number;

(b) the insurer's representative's contact name, e-mail, and phone number;

(d) medical notes from the first and last visit from the physician.

(2) After an insurer's right to SIF reimbursement has been established, the insurer shall request SIF reimbursement in writing at six-month intervals. Requests for reimbursement for benefits paid more than 18 months prior to the request will be denied.

(3) Each reimbursement request must state the amount of reimbursement claimed for medical and indemnity payments and include documentation required by the department. When an insurer voluntarily agrees to provide reserve data as coordinated with the department, the department recognizes that individual reserve information is recognized to be proprietary information not subject to disclosure. Aggregated claim reserve information for all case reserves reported to the department may be disclosed.

(4) The insurer shall notify the department at the outset of settlement negotiations involving an injured individual who is SIF-certified. The insurer waives the right to SIF reimbursement for the settlement by failing to notify the department at the outset of settlement negotiations. Attorney fees must be itemized separately from medical and/or indemnity benefits when a settlement is submitted for department approval.

(5) Disputes arising over payment or reimbursement between the department and the insurer may be resolved by the contested case hearing process, pursuant to ARM 24.29.230, at the written request of either party.

History

Authorizing statute(s): 39-71-203, 39-71-904, MCA
Implementing statute(s): 39-71-907, 39-71-908, 39-71-909, 39-71-912, 39-71-920, MCA
History: NEW, 2010 MAR p. 2967, Eff. 12/24/10; AMD, 2018 MAR p. 2527, Eff. 1/1/19; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Subchapter 24.29.27 Silicosis Benefits (REPEALED)

Mont. Admin. R. 24.29.2701 Payment of Silicosis Benefits (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-73-102, MCA
Implementing statute(s): 39-73-104, 39-73-107, 39-73-108, 39-73-109, 39-73-111, MCA, and Chap. 142, L. of 1999
History: NEW, 2000 MAR p. 862, Eff. 3/30/00; AMD, 2010 MAR p. 2967, Eff. 12/24/10; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-532, MCA
History: NEW, 1995 MAR p. 933, Eff. 7/1/95; REP, 1998 MAR p. 2872, Eff. 11/1/98.

Mont. Admin. R. 24.29.2831 Penalty Calculations from Uninsured Employers

(1) The penalty is calculated using the highest tier (or pricing level) that could have been charged by the state fund during the uninsured period.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-504, MCA
History: NEW, 1995 MAR p. 933, Eff. 7/1/95; AMD, 1995 MAR p.1668, Eff. 9/1/95; AMD, 2003 MAR p. 2296, Eff. 10/7/03; AMD, 2006 MAR p. 2040, Eff. 8/25/06; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2834 Collection of Penalties and Other Payments from Underinsured Employers

Publisher status: INEFFECTIVE (not currently effective).

(IREPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-532, MCA
History: NEW, 1995 MAR p. 933, Eff. 7/1/95; REP, 1998 MAR p. 2872, Eff. 11/1/98.

Mont. Admin. R. 24.29.2837 Calculation of Penalty on Underinsured Employers

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-532, MCA
History: NEW, 1995 MAR p. 933, Eff. 7/1/95; AMD, 1995 MAR p. 1668, Eff. 9/1/95; REP, 1998 MAR p. 2872, Eff. 11/1/98.

Mont. Admin. R. 24.29.2839 Compromise of Penalties Assessed (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-506, MCA
History: NEW, 1995 MAR p. 1668, Eff. 9/1/95; AMD, 1998 MAR p. 2872, Eff. 11/1/98; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2841 Claims for Benefits for Insolvent Period

(1) Prior to July 1, 1987, 39-71-503 , MCA required the UEF to keep "proper reserves and surpluses." During the period January 13, 1981, to June 30, 1987, the UEF was insolvent. Based on the legal principle in workers' compensation that the statutes in effect at the time of an injury determine a claimant's entitlement to benefits, the UEF did not accept liability for any injuries that occurred during the period of insolvency.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-503, MCA
History: NEW, 1995 MAR p. 933, Eff. 7/1/95; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2843 Payment of Benefits

(1) The UEF pays benefits on a monthly basis.

(2) The UEF will pay compensation and medical benefits incurred prior to the time the claimant applied for benefits in a lump sum, during the month in which the UEF accepts liability for the claim. The lump sum payment for accrued compensation benefits will be paid from the positive fund balance, and treated as part of the month's claim for current benefits. If as a result of the inclusion of the accrued compensation benefits there is a proportionate reduction in benefits, there is no entitlement to retroactive reimbursement.

(3) If the UEF is subject to a final order from a court of competent jurisdiction requiring it to pay benefits, the UEF will pay back-due benefits a month at a time, beginning with the first month of benefits. Back-due benefits are subject to the proportional reduction which would have occurred during the month they would have been paid. The UEF will also pay current monthly benefits as set forth in (2).

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-503, 39-71-504, 39-71-510, MCA
History: NEW, 1995 MAR p. 933, Eff. 7/1/95; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2846 Priority of Payment of Current Benefits (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-503, 39-71-504, 39-71-510, MCA
History: NEW, 1995 MAR p. 933, Eff. 7/1/95; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2849 Payment of Claims Where Liability Is Disputed (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-503, 39-71-504, 39-71-510, MCA
History: NEW, 1995 MAR p. 933, Eff. 7/1/95; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2851 Limitation on Expenditures for Medical Benefits Payable by the Uef -- Applicability (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-503, 39-71-510, 39-71-704, 39-71-727, MCA
History: NEW, 2007 MAR p. 1446, Eff. 9/21/07; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2853 Rights of Third-Party Providers After the Uef Reaches $100,000 Medical Benefit Expenditure Limitation -- Applicability

(1) Pursuant to 39-71-508 and 39-71-743 , MCA, the injured worker is not liable to the provider of medical services for the difference between the amount payable to the provider pursuant to the fee schedules and the charges billed by the provider or for the services provided that are not reimbursed after the $100,000 expenditure limit is reached.

(2) This rule applies to claims arising on or after July 1, 2007.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-503, 39-71-508, 39-71-510, 39-71-704, 39-71-727, 39-71-743, MCA
History: NEW, 2007 MAR p. 1446, Eff. 9/21/07; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.2855 Rights of Third-Party Providers Upon the Uef's Proportionate Reduction in Benefit Payments -- Applicability (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-503, 39-71-508, 39-71-510, 39-71-704, 39-71-727, 39-71-743, MCA
History: NEW, 2007 MAR p. 1446, Eff. 9/21/07; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Subchapter 24.29.31 Reopening of Closed Medical Benefits

Mont. Admin. R. 24.29.3101 Introduction - Applicability - Voluntary Payments

(1) Subchapter 31 addresses the reopening of medical benefits terminated by statute for certain claims that occurred on or after July 1, 2011.

(2) Nothing in subchapter 31 prohibits an insurer from making voluntary payments for medical benefits that have terminated by statute. An insurer that makes a voluntary payment for a medical benefit that has been terminated by statute must advise the worker in writing that the payment for a medical benefit is made on a voluntary basis and does not create a legal obligation for the insurer to make payment for any other medical benefits.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-105, 39-71-107, 39-71-704, 39-71-717, MCA
History: NEW, 2016 MAR p. 204, Eff. 2/6/16; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.3103 Definitions

As used in subchapter 31, the following definitions apply unless the context clearly indicates otherwise:

(1) "Claim records" means documents related to the medical condition and work status of the worker. The records include but are not limited to notes and reports of health care providers, and any additional information relevant to the reopening of medical benefits. The term does not include medical billing records.

(2) "Dismissed" means the petition was found ineligible for medical review or has been withdrawn at the injured worker's request.

(3) "Petition" means the department-provided form upon which a party requests that medical benefits terminated by statute be reopened.

(4) "Reopened" means medical benefits terminated by statute and which are now to be furnished by the insurer as recommended in the medical report.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-116, 39-71-717, MCA
History: NEW, 2016 MAR p. 204, Eff. 2/6/16; AMD, 2018 MAR p. 2527, Eff. 1/1/19; AMD, 2024 MAR p. 5/11/24.

Mont. Admin. R. 24.29.3105 Petition to Reopen Medical Benefits

(1) A party wishing to reopen medical benefits terminated by statute must submit a petition to reopen to the department on the form provided by the department. A claim may go through the petition process, including initial petition and biennial reviews, one time.

(2) The department shall review a petition to reopen. If the petition is not complete or not compliant with 39-71-717, MCA, it will be returned to the petitioner. The date the department accepts a complete and compliant petition to reopen begins the 60-day medical review period.

(3) The department will provide notice of the petition to reopen to the insurer. The parties must provide claim records to the department and the other party within 14 days of the notice. Records not received in that time will not be considered.

(4) An insurer may dispute the presumption that a petition to reopen relates to a compensable claim. The dispute must be made within 14 days of the notice of the petition to reopen from the department.

(5) The petition to reopen may be reviewed solely by the department's medical director upon a mutual, irrevocable agreement from the injured worker and the insurer. The medical director will issue a report explaining the rationale for the decision pursuant to statutory criteria.

(6) If the injured worker and insurer agree to reopen medical benefits, they may submit a joint petition to reopen. The petition to reopen form must be completed, but claim records need not be provided. The reopened benefits are subject to biennial review.

(7) Any other petition to reopen will be reviewed by a three-member panel. Each panel member must prepare a report evaluating the statutory reopening criteria. The medical director will issue a report on behalf of the panel explaining the rationale for the decision.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-717, MCA
History: NEW, 2024 MAR p. 1066, Eff. 5/11/24; AMD, 2025 MAR, Notice No. 2025-30, Eff. 7/1/25.

Mont. Admin. R. 24.29.3107 Timelines and Explanation of Status Classifications of a Petition (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-717, MCA
History: NEW, 2016 MAR p. 204, Eff. 2/6/16; AMD, 2018 MAR p. 2527, Eff. 1/1/19; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.3111 Petition for Reopening (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-717, MCA
History: NEW, 2016 MAR p. 204, Eff. 2/6/16; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.3114 Submission of Medical Records and Additional Information - Effect of Failure to Submit Medical Records or Additional Information (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-717, MCA
History: NEW, 2016 MAR p. 204, Eff. 2/6/16; AMD, 2021 MAR p. 1210, Eff. 9/25/21; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.3117 Joint Petition for Reopening (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-717, MCA
History: NEW, 2016 MAR p. 204, Eff. 2/6/16; AMD, 2018 MAR p. 2527, Eff. 1/1/19; AMD, 2021 MAR p. 1210, Eff. 9/25/21; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.3121 Review by Medical Director - Consent of Both Parties (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-717, MCA
History: NEW, 2016 MAR p. 204, Eff. 2/6/16; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.3124 Review by Medical Review Panel - Report and Recommendations (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-717, MCA
History: NEW, 2016 MAR p. 586, Eff. 2/6/16; AMD, 2018 MAR p. 2527, Eff. 1/1/19; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.3127 Periodic Review of Certain Reopened Medical Benefits

(1) The department's medical director shall biennially review claims where medical benefits have been reopened in order to determine whether the previous recommendations should be changed.

(2) The department shall request the worker and the insurer deliver to the department claim records created since the prior medical review. The department's request shall specify a deadline by which claim records must be received by the department.

(3) The biennial review will be based on the claim records previously submitted and the records sent pursuant to (2). If a party does not timely send updated claim records, the medical director shall base the review on the materials available.

(4) For parties which filed a joint petition for reopening and did not deliver claim records to the department with the initial petition:

(a) if the insurer agrees medical benefits should remain open until the next review, medical records are not required for periodic review and the department will acknowledge the continued concurrence for reopened medical benefits;

(b) if the insurer does not agree medical benefits should remain open until the next biennial review, they must notify the department and the other party within 14 days of notice of the review that they believe benefits should not continue and submit claim records. The medical director will conduct a review as set forth in ARM 24.29.3105.

(5) Following the medical director's review, if the medical director believes there is reason to change the prior recommendation, the medical director shall:

(a) in cases where the original review was made by a medical review panel, convene a new medical review panel to review the updated claim records; or

(b) in cases where the original review was made solely by the medical director, only the medical director will review the updated claim records.

(6) Following completion of the periodic review, the medical director shall issue a report and make recommendations.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-717, MCA
History: NEW, 2016 MAR p. 204, Eff. 2/6/16; AMD, 2021 MAR p. 1210, Eff. 9/25/21; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Authorizing statute(s): Sec. 39-71-2303 MCA
Implementing statute(s): Sec. 39-71-2303 MCA
History: NEW, 1982 MAR p. 1397, Eff. 7/16/82; REP, 1995 MAR p. 1953, Eff. 10/1/95.

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-433, MCA
History: NEW, 1994 MAR p. 681, Eff. 4/1/94; REP, 1998 MAR p. 2872, Eff. 11/1/98.

Subchapter 24.29.38 Attorney Fees

Mont. Admin. R. 24.29.3801 Attorney Fee Regulation

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 39-71-203 MCA
Implementing statute(s): Sec. 39-71-613 MCA
History: NEW, Eff. 11/4/76; AMD, 1985 MAR p. 606, Eff. 6/1/85; AMD, 1986 MAR p. 458, Eff. 4/1/86; AMD, 1987 MAR p. 323, Eff. 4/1/87; REP, 1988 MAR p. 2390, Eff. 11/11/88.

Mont. Admin. R. 24.29.3802 Attorney Fee Regulation

(1) An attorney representing a claimant on a workers' compensation claim shall submit to the department within 30 days of undertaking representation of the claimant on forms supplied by the department, a contract of employment stating specifically the terms of the fee arrangement. An attorney substituting for another attorney previously representing a claimant must submit a new contract conforming with this rule within 30 days of undertaking representation of the claimant. The contract of employment shall be signed by the claimant and the attorney, and must be approved by the department. The department shall return the contract to the attorney along with a notification that the contract has been approved or disapproved.

(2) Except as provided in (6), an attorney representing a claimant on a workers' compensation claim who plans to utilize a contingent percentage fee arrangement to establish the fee with the claimant, may not charge a fee above the following amounts:

(a) For cases that have been settled without an order of the workers' compensation judge or the supreme court, 20% of the amount of compensation payments claimant receives due to the efforts of the attorney.

(b) For cases that go to a hearing before the workers' compensation judge or the supreme court, 25% of the amount of additional compensation payments the claimant receives from an order of the workers' compensation judge or the supreme court due to the efforts of the attorney. However, a settlement approved by the workers' compensation judge which could have been submitted to the department for approval is subject to the limits set forth in (a).

(3) The fee schedule set forth in (2) does not preclude the use of other attorney fee arrangements, such as the use of a fee system based on time at a reasonable hourly rate, but the total fee charged may not exceed the schedule set forth in (2) except as provided in (6). When such fee arrangement is utilized, the contract of employment shall specifically set forth the fee arrangement, such as the amount charged per hour.

(4) The following benefits shall not be considered as a basis for calculation of attorney fees:

(a) The amount of medical and hospital benefits received by the claimant unless the workers' compensation insurer has denied all liability, including medical and hospital benefits, or unless the insurer has denied the payment of certain medical and hospital costs and the attorney has been successful in obtaining such benefits for the claimant.

(b) Benefits received by the claimant with the assistance of the attorney in filling out initial claim forms only.

(d) Benefits initiated or offered by the insurer when such initiation or offer is supported by documentation in the claimant's file and has not been the subject of a dispute with the claimant.

(e) Any other benefits not obtained due to the actual, reasonable and necessary efforts of the attorney.

(5) Nothing prevents an attorney from charging a fee below the fee guidelines set forth in (3) and (4). An attorney may reduce the attorney's fee from what was originally established in the approved fee contract without the further approval of the department.

(6) For good cause shown, the department may approve a variance providing for fees in excess of the guidelines of fees as set forth in (3) and (4).

(a) To obtain approval of a variance, an attorney has the burden of providing clear and convincing evidence of entitlement to a greater fee by documenting the following factors in regard to the specific claimant and the specific case:

(i) The anticipated time and labor required to perform the legal service properly.

(ii) The novelty and difficulty of legal issues involved in the matter.

(iii) The fees customarily charged for similar legal services.

(iv) The possible total recovery if successful.

(v) The time limitations imposed by the client or circumstances of the case.

(vi) The nature and length of the attorney-client relationship.

(vii) The experience, skill and reputation of the attorney.

(viii) The ability of the client to pay for the legal services rendered.

(ix) The risk of no recovery.

(x) The market value of the lawyer's services at the time and place involved.

(b) If a variance requested under (6)(a) is not approved, an attorney may request that the administrator or the administrator's designee review the matter and issue an order of determination pursuant to procedures set forth in ARM 24.29.230.

(7) Attorney compensation shall be determined by the approved fee arrangement and shall be paid out of the funds received in settlement or recovery or other funds available to the claimant. Upon the occurrence of a hearing before the workers' compensation court or the supreme court, the workers' compensation court shall have exclusive jurisdiction for the award of attorney's fees on the claim against the insurer or employer, which shall be credited to the fee due from the claimant.

(8) In the event a dispute arises between any claimant and an attorney relative to attorney's fees in a workers' compensation claim, upon request of either the claimant or the attorney or upon notice of any party of a violation of 39-71-613, MCA, or this rule, the workers' compensation court shall review the matter and issue an order resolving the dispute. The fee contract must clearly identify the rights granted by this section.

(9) Attorneys subject to this rule must report to the department as required by ARM 24.29.4332.

(10) If an attorney violates a provision of 39-71-613, MCA, this rule, or an order fixing an attorney's fee, the attorney shall forfeit the right to any fee which the attorney may have collected or have been entitled to collect.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-225, 39-71-613, 39-71-2905, MCA
History: NEW, 1988 MAR p. 2390, Eff. 11/11/88; AMD, 1995 MAR p. 675, Eff. 5/1/95; AMD, 2004 MAR p. 78, Eff. 1/16/04; AMD, 2013 MAR p. 841, Eff. 5/24/13; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Subchapter 24.29.40 Plan Number Two Insurers Rules

Mont. Admin. R. 24.29.4001 Security Deposits for Plan Number Two Insurers

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-2206, MCA
History: NEW, 1987 MAR p. 1992, Eff. 10/30/87; REP, 2000 MAR p. 2701, Eff. 10/6/00.

Subchapter 24.29.43 Workers' Compensation Data Base System

Mont. Admin. R. 24.29.4301 Purpose (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-225, MCA
History: NEW, 1994 MAR p. 2630, Eff. 10/1/94; AMD, 2000 MAR p. 2701, Eff. 10/6/00; AMD, 2003 MAR p. 2297, Eff. 10/17/03; AMD, 2006 MAR p. 546, Eff. 2/24/06; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.4303 Definitions

For the purpose of this subchapter, the following definitions apply, unless the context of the rule clearly indicates otherwise:

(1) "Closed" or "closed claim" means a claim on which all medical and indemnity benefits have been paid, and there is no expectation of future liability.

(2) "Electronic data interchange", or "EDI" means computer-to-computer exchange of business information in a standard and structured format.

(3) "IAIABC" means the International Association of Industrial Accident Boards and Commissions, which is an international trade association that seeks to advance the administration of workers' compensation systems through education, research and information sharing. The IAIABC establishes standards for reporting industrial accidents.

(4) "Reporting parties" means any person, firm, corporation, or any other type of entity required by Title 39, chapter 71, part 2, MCA, to report information to the department.

(5) "Third-party administrator" means an entity who contracts to administer all or part of an insurer's or employer's workers' compensation business, which can include adjusting a claim on behalf of the insurer or employer.

(6) "Trading partner" means the entity which actually transmits the data to the department, excluding the intermediary channels that are used to get it to that final point, even if those channels include the legally responsible regulated party.

(7) "Workers' compensation subsequent report" means a report required to communicate payment information related to an indemnity claim, including both medical and indemnity benefits.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-225, MCA
History: NEW, 1994 MAR p. 2630, Eff. 10/1/94; AMD, 2000 MAR p. 2701, Eff. 10/6/00; AMD, 2003 MAR p. 2297, Eff. 10/17/03; AMD, 2006 MAR p. 546, Eff. 2/24/06; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.4307 Claim File Records Maintenance and Retention

(1) Claim files must include, but need not be limited to, all of the following which exist in relation to the claim:

(a) the department's form first report of injury and occupational disease or department-approved equivalent;

(b) medical bills, or an electronic data record thereof;

(d) correspondence relating to the claim;

(e) medical reports;

(f) vocational rehabilitation reports;

(g) payment record; and

(h) official orders, whether those orders are from the department or a court.

(2) Copies of insurer files must be provided to the department at no cost.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-225, MCA
History: NEW, 1994 MAR p. 2630, Eff. 10/1/94; AMD, 2003 MAR p. 2297, Eff. 10/17/03; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.4311 Forms Used for Reporting (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-205, 39-71-208, 39-71-225, MCA
History: NEW, 1994 MAR p. 2630, Eff. 10/1/94; AMD, 2003 MAR p. 2297, Eff. 10/17/03; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.4314 Reporting

(1) Reporting parties who report electronically shall sign a written agreement with the department.

(a) The reporting parties may designate another entity, approved by the department, to serve as their reporting agent.

(b) Electronic reporting for workers' compensation claims and insurance coverage information must be reported using a department-supported IAIABC standard.

(2) Reporting parties not required to report electronically may submit on hard copy forms approved by, or provided by at a cost to the reporting party, the department.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-225, MCA
History: NEW, 1994 MAR p. 2630, Eff. 10/1/94; AMD, 2003 MAR p. 2297, Eff. 10/17/03; AMD, 2006 MAR p. 546, Eff. 2/24/06; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.4315 Insurer and Employer Reporting Requirements - Coverage and Cancellation Notification

(1) An insurer's electronic notice of insurance coverage or cancellation must contain the taxpayer identification number of the employer.

(2) An employer must provide its taxpayer identification number to its workers' compensation insurer.

History

Authorizing statute(s): 39-9-103, 39-71-203, 39-71-225, MCA
Implementing statute(s): 39-9-201, 39-71-203, 39-71-225, 39-71-401, 39-71-504, 39-71-507, 39-71-2204, 39-71-2205, 39-71-2337, 39-71-2339, MCA
History: NEW, 2007 MAR p. 697, Eff. 5/25/07; AMD, 2007 MAR p. 1028, Eff. 7/27/07.

Mont. Admin. R. 24.29.4317 Reports Produced by the Department (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-205, 39-71-209, 39-71-224, 39-71-225, MCA
History: NEW, 1994 MAR p. 2630, Eff. 10/1/94; AMD, 2003 MAR p. 2297, Eff. 10/17/03; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.4321 Insurer Reporting Requirements--Injuries and Occupational Diseases

(1) All insurers and the UEF are required to submit a first report of injury or occupational disease to the department within 30 days of the report to the insurer of the injury or of an occupational disease.

(2) All insurers and the UEF are required to submit a first report of injury and occupational disease to the department within 14 days of notification by the department that a previously submitted report contains a data error.

(3) All insurers are required to submit to the department a workers' compensation subsequent report for every indemnity claim within 14 days of the occurrence of any one of the following triggering events:

(a) each six-month anniversary of the injury or occupational disease, while the claim is open;

(b) notification by the department that a previously submitted report contains a data error; or

(4) Upon closure of a claim, the workers' compensation subsequent report may be filed either within 14 days of the time the claim is closed or at the next six month anniversary of the injury or occupational disease.

(5) The department will identify transmission errors and notify the trading partner via the electronic acknowledgment record. The trading partner must correct the identified errors and resubmit the record within 14 days of receiving the acknowledgment record.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-225, 39-71-307, MCA
History: NEW, 1994 MAR p. 2630, Eff. 10/1/94; AMD, 2000 MAR p. 2701, Eff. 10/6/00; AMD, 2003 MAR p. 2297, Eff. 10/17/03; AMD, 2006 MAR p. 546, Eff. 2/24/06; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.4322 Transitional Rule for Injury and Occupational Disease Information Reporting Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-225, MCA
History: NEW, 1994 MAR p. 2630, Eff. 10/1/94; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.4329 Verification and Additional Information (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-203, 39-71-225, 39-71-304, MCA
History: NEW, 1994 MAR p. 2630, Eff. 10/1/94; AMD, 2003 MAR p. 2297, Eff. 10/17/03; REP, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.4332 Claimant Legal Fees and Costs Reporting Requirements

(1) All attorneys that represent claimants shall report, on a per-claim basis, the amount of legal fees and costs received for each claim where:

(a) the attorney has an approved fee agreement; and

(b) the attorney actually receives a fee from the claimant or on behalf of a claimant.

(2) An initial legal fee report must be reported to the department within 14 days of the date the attorney actually receives the first fee payment for each claim. If an attorney represents a claimant on multiple claims, the fees and costs for all claims need only be reported on one of the claims.

(3) Subsequent legal fee reports must be reported within 14 days of each six-month anniversary of the injury or occupational disease for as long as there exists the potential for fee payments.

(4) Once the potential for fee payments no longer exists, a final legal fee report must be filed at any time prior to or within 14 days of the next six-month anniversary of the injury or occupational disease.

(5) The claimant attorney must also submit a legal fee report upon:

(a) notification by the department that a previously submitted report contains an error; or

(b) a request by the department for a report.

(6) A claimant attorney must report to the department, in the form prescribed by the department, the following information:

(a) the total amount of legal fees paid to date by the claimant or on behalf of a claimant, including the amount of attorney fees received pursuant to a settlement; and

(b) the total amount of attorney costs paid or reimbursed to date by the claimant. For purposes of this rule, attorney costs include but are not limited to:

(i) deposition costs;

(ii) witness fees and mileage;

(iii) expert witness fees;

(iv) documented photocopy expenses;

(v) documented long-distance telephone expenses;

(vi) documented postage expenses; and

(vii) the amount of attorney fees received pursuant to a settlement.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-225, MCA
History: NEW, 1995 MAR p. 675, Eff. 5/1/95; AMD, 2006 MAR p. 546, Eff. 2/24/06; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.4335 Insurer Legal Fees Reporting Requirements

(1) All insurers shall report, on a per-claim basis, the amount of the insurer's legal fees and costs, including fees paid to expert witnesses, that have been paid to date by the insurer, associated with each indemnity claim. That information must be reported on the subsequent report required by ARM 24.29.4321.

(2) If an insurer uses in-house counsel, and the insurer does not allocate the cost of in-house counsel directly to specific claims, the insurer shall report as required by ARM 24.29.4336.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-225, MCA
History: NEW, 1995 MAR p. 675, Eff. 5/1/95; AMD, 2006 MAR p. 546, Eff. 2/24/06.

Mont. Admin. R. 24.29.4336 In-House Counsel Cost Allocation

(1) Insurers that use the services of in-house counsel for assistance in handling Montana indemnity claims shall report the cost of that legal assistance.

(2) If the insurer does not separately track in-house legal costs on a per claim basis, the insurer shall report annually upon request by the department:

(a) the dollar amount that represents the following information about the cost of in-house legal staff:

(i) total compensation (salary and cost of benefits and employer contributions) of all attorneys who provide counsel on indemnity claims;

(ii) total compensation of support staff (such as secretaries, paralegals, and assistants) working for those attorneys; and

(iii) overhead costs attributable to the legal staff, such as a proportionate share of rent or building expense and administrative costs, such as payroll and accounting; and

(b) a percentage figure that reasonably approximates the percentage of time spent by the attorneys providing advice, counsel or representation on indemnity claims.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-225, MCA
History: NEW, 1995 MAR p. 856, Eff. 5/1/95; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Mont. Admin. R. 24.29.4339 Verification of Consultant and Legal Fee Reporting

(1) For the purpose of verifying the accuracy of the data reported, the department may periodically verify data reported pursuant to ARM 24.29.4332 and 24.29.4335. Documents protected by the attorney-client privilege or attorney work-product doctrine are not subject to verification.

(2) At least 14 days' advance notice will be given to the reporting party. A reporting party is responsible for full cooperation with the department.

History

Authorizing statute(s): 39-71-203, MCA
Implementing statute(s): 39-71-225, 39-71-304, MCA
History: NEW, 1995 MAR p. 675, Eff. 5/1/95; AMD, 2024 MAR p. 1066, Eff. 5/11/24.

Chapter 24.30 Industrial Safety and Health

Subchapter 24.30.1 General Safety

Mont. Admin. R. 24.30.101 Logging, Oil, and Gas

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-71-311, MCA
Implementing statute(s): 50-71-311, MCA
History: Eff. 12/31/72; AMD, Eff. 11/4/74; REP, 1981 MAR p. 457, Eff. 4/27/81.

Mont. Admin. R. 24.30.102 Occupational Safety and Health Code for Public Sector Employment

(1) The department adopts by reference certain occupational safety and health standards, adopted by the United States Secretary of Labor under the federal Occupational Safety and Health Act of 1970.

(2) As used in the rules adopted by reference in (3) and (4)(a), unless the context clearly requires otherwise, the following definitions apply:

(a) "Act" means the Montana Occupational Safety and Health Act (50-71-111 through 50-71-128, MCA).

(b) "Assistant secretary of labor" or "secretary" means the commissioner of the Montana Department of Labor and Industry.

(c) "Establishment" means a single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location, such as construction, transportation, communications, electric, gas and sanitary services, and similar operations, an establishment exists at each main or branch office, terminal, station, etc., that either supervise such activities or are the base from which personnel carry out these activities.

(d) "Injury or illness" has the same meaning provided in 39-71-119, MCA.

(3) The Department of Labor and Industry adopts by reference the following occupational safety and health standards found in the Code of Federal Regulations (CFR), as of July 1, 2018:

(a) Title 29, Part 1910; and

(b) Title 29, Part 1926.

(4) The Department of Labor and Industry adopts by reference the following occupational safety and health reporting requirements found in the Code of Federal Regulations, as of July 1, 2018:

(a) 29 CFR 1904.4 through 1904.11;

(b) 29 CFR 1904.29 through 1904.33;

(d) 29 CFR 1904.39 through 1904.42.

(e) For the purposes of reporting fatalities, hospitalizations, amputations, and loss of an eye pursuant to 29 CFR 1904.39, the employer shall contact the department directly using the department's website or by phone.

(5) Copies of the rules adopted by reference are available by accessing the United States Department of Labor's website.

History

Authorizing statute(s): 50-71-114, MCA
Implementing statute(s): 50-71-112, 50-71-114, 50-71-115, 50-71-117, 50-71-118, MCA
History: NEW, Eff. 11/4/74; AMD, Eff. 8/5/76; AMD, 1991 MAR p. 2490, Eff. 12/13/91; AMD, 1995 MAR p. 680, Eff. 6/1/95; AMD, 1996 MAR p. 273, Eff. 3/1/96; AMD, 1997 MAR p. 692, Eff. 5/7/97; AMD, 2002 MAR p. 1552, Eff. 5/31/02; AMD, 2003 MAR p. 1884, Eff. 8/29/03; AMD, 2004 MAR p. 2811, Eff. 11/19/04; AMD, 2006 MAR p. 1220, Eff. 5/19/06; AMD, 2007 MAR p. 1097, Eff. 8/10/07; AMD, 2008 MAR p. 1805, Eff. 8/29/08; AMD, 2015 MAR p. 1056, Eff. 7/31/15; AMD, 2019 MAR p. 849, Eff. 6/22/19; AMD, 2024 MAR p. 2203, Eff. 9/21/24.

Mont. Admin. R. 24.30.103 Construction Safety Code

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-71-311, MCA
Implementing statute(s): 50-71-311, MCA
History: NEW, Eff. 11/4/74; AMD, 1991 MAR p. 2490, Eff. 12/13/91; REP, 1995 MAR p. 680, Eff. 6/1/95.

Mont. Admin. R. 24.30.104 Inspections and Citations (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-71-114, MCA
Implementing statute(s): 50-71-118, 50-71-119, 50-71-123, MCA
History: NEW, 1991 MAR p. 2490, Eff. 12/13/91; AMD, 2005 MAR p. 98, Eff. 11/19/04; AMD, 2015 p. 1056, Eff. 7/31/15; REP, 2024 MAR p. 2203, Eff. 9/21/24.

Mont. Admin. R. 24.30.105 Recording and Reporting Occupational Injuries and Illnesses: Purpose and Scope

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-71-114, MCA
Implementing statute(s): 50-71-117, 50-71-119, MCA
History: NEW, 1991 MAR p. 2490, Eff. 12/13/91; AMD, 2005 MAR p. 98, Eff. 11/19/04; AMD, 2015 MAR p. 1056, Eff. 7/31/15; REP, 2019 MAR p. 849, Eff. 6/22/19.

Mont. Admin. R. 24.30.106 Recording and Reporting Occupational Injuries and Illnesses: Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-71-114, MCA
Implementing statute(s): 50-71-117, MCA
History: NEW, 1991 MAR p. 2490, Eff. 12/13/91; AMD, 2015 MAR p. 1056, Eff. 7/31/15; REP, 2019 MAR p. 849, Eff. 6/22/19.

Mont. Admin. R. 24.30.107 Recording and Reporting Occupational Injuries and Illnesses: Log and Summary

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-71-114, MCA
Implementing statute(s): 50-71-112, 50-71-113, 50-71-117, MCA
History: NEW, 1991 MAR p. 2490, Eff. 12/13/91; AMD, 2003 MAR p. 1884, Eff. 8/29/03; AMD, 2005 MAR p. 98, Eff. 11/19/04; AMD, 2015 MAR p. 1056, Eff. 7/31/15; REP, 2019 MAR p. 849, Eff. 6/22/19.

Mont. Admin. R. 24.30.112 Notices to Employees

(1) The employer shall post and maintain notices informing employees of the protections and obligations provided for in the Montana Occupational Safety and Health Act. Notices are available by contacting the department and on the department's website.

(2) If an employer receives a citation, the employer shall immediately post an unedited and legible copy of the citation in a prominent place where it will be seen by all affected employees. The citation, and all related materials, shall remain posted for 30 days or until all abatement action has been approved by the department, whichever period is longer.

(3) If employees do not work in a central location, the employer shall disseminate the notices described in (1) and (2) to all affected employees, consistent with typical business practices for disseminating information.

History

Authorizing statute(s): 50-71-114, MCA
Implementing statute(s): 50-71-118, 50-71-119, 50-71-123, MCA
History: NEW, 2024 MAR p. 2203, Eff. 9/21/24.

Authorizing statute(s): Sec. 50-71-106 and 50-71-311 MCA
Implementing statute(s): Sec. 50-71-106 and 50-71-311 MCA
History: NEW, 1981 MAR p. 306, Eff. 4/1/81; REP, 1996 MAR p. 273, Eff. 3/1/96.

Authorizing statute(s): Sec. 50-71-311 and 50-74-101 MCA
Implementing statute(s): Sec. 50-71-311 and 50-74-101 MCA
History: NEW, 1980 MAR p. 2825, Eff. 10/17/80; TRANS, 1995 MAR p. 1132, Eff. 7/1/95.

Authorizing statute(s): Sec. 50-71-301 MCA
Implementing statute(s): Sec. 50-71-301 MCA
History: NEW, 1983 MAR p. 1300, Eff. 11/26/83; TRANS, 1995 MAR p. 1133, Eff. 7/1/95.

Subchapter 24.30.13 Mine Safety and Health

Mont. Admin. R. 24.30.1301 Metal and Nonmetallic Mining

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-71-311, 50-72-101 through 50-72-210, MCA
Implementing statute(s): 50-71-311, 50-72-101 through 50-72-210, MCA
History: Eff. 12/31/72; AMD, Eff. 11/3/75; REP, 2015 MAR p. 1056, Eff. 7/31/15.

Mont. Admin. R. 24.30.1302 Coal Mining Code

(1) As used in the rules adopted in (2), unless the context clearly requires otherwise, the following definitions apply:

(a) "Act" means the Montana Coal Mining Code.

(b) "Bureau of mines" means the Department of Labor and Industry.

(d) "Coal mine district manager" means the Department of Labor and Industry.

(e) "Department of the Interior" means the Department of Labor and Industry.

(f) "Mining enforcement and safety administration" means the Department of Labor and Industry.

(g) "Qualified person" means an individual deemed qualified by the Department of Labor and Industry and designated by the operator to make tests and examination required by the Department of Labor and Industry.

(h) "Secretary" means the administrator of the Employment Standards Division of the Department of Labor and Industry.

(2) The Department of Labor and Industry adopts by reference certain coal mine safety standards found in the Code of Federal Regulations (CFR), Title 30, revised as of July 1, 2006:

(a) 30 CFR part 41, pertaining to notification by the mine of its legal identity;

(b) 30 CFR part 47, pertaining to hazard communication;

(d) 30 CFR part 62, pertaining to occupational noise exposure;

(e) 30 CFR part 70, pertaining to mandatory health standards in underground coal mines;

(f) 30 CFR part 71, pertaining to mandatory health standards in surface coal mines and surface work areas of underground coal mines;

(g) 30 CFR part 72, pertaining to health standards for coal mines;

(h) 30 CFR part 74, pertaining to coal mine dust personal sampler units;

(i) 30 CFR part 75, pertaining to mandatory safety standards in underground coal mines, except:

(i) 30 CFR 75.155, which is not applicable because Montana licensing statutes for crane and hoist operators apply; and

(ii) 30 CFR 75.1200-2, which is not applicable because 50-73-201, MCA, provides that mine maps must be made to a scale of not less than 200 feet to 1 inch; and

(j) 30 CFR part 77, pertaining to mandatory safety standards in surface coal mines and surface work areas of underground coal mines, except:

(i) as to the requirements of 30 CFR 77.807.1, the minimum height for high voltage power lines is 20 feet above the ground; and

(ii) in addition to the requirements of 30 CFR 77.1710, there are additional requirements that:

(A) except for personnel who work in an office or on clerical matters under nonhazardous conditions, rings may not be worn around a mine or plant; and

(B) persons with long hair shall have their hair confined while working around moving equipment and machinery.

(3) Copies of the rules adopted by reference are available by accessing the United States Department of Labor's website.

History

Authorizing statute(s): 50-73-103, MCA
Implementing statute(s): 50-73-103, MCA
History: NEW, Eff. 11/3/75; AMD, 1998 MAR p. 966, Eff. 4/1/98; AMD, 2006 MAR p. 2041, Eff. 8/25/06; AMD, 2024 MAR p. 2203, Eff. 9/21/24.

Mont. Admin. R. 24.30.1303 Certification of Coal Mine Foreman

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-71-103, MCA
Implementing statute(s): 50-71-103, MCA
History: NEW, Eff. 10/4/76; REP, 2015 MAR p. 1056, Eff. 7/31/15.

Mont. Admin. R. 24.30.1311 Incorporation by Reference of Rules Regarding Employee Health and Safety in Mines Other Than Coal Mines

(1) The Department of Labor and Industry adopts and incorporates by reference the United States Department of Labor, Mine Safety and Health Administration's regulations, Title 30, Code of Federal Regulations, Parts 46, 47, 48, 49, 50, 56, 57, 58 and 62, revised as of July 1, 2004.

(2) Copies of the rules adopted by reference are available by accessing the United States Department of Labor's website.

History

Authorizing statute(s): 50-71-114, 50-72-102, 50-72-103, MCA
Implementing statute(s): 50-72-101, 50-72-102, MCA
History: NEW, 2004 MAR p. 2812, Eff. 11/19/04; AMD, 2006 MAR p. 2041, Eff. 8/25/06; AMD, 2024 MAR p. 2203, Eff. 9/21/24.

Authorizing statute(s): Sec. 37-72-202 MCA
Implementing statute(s): Sec. 37-72-203 MCA
History: NEW, 1985 MAR p. 1402, Eff. 10/1/85; TRANS, 1995 MAR p. 1134, Eff. 7/1/95.

Subchapter 24.30.25 Implementation Of Education-Based Safety Programs For Workers' Compensation Purposes

Mont. Admin. R. 24.30.2501 Purpose (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-1505, MCA
Implementing statute(s): 39-71-1505, MCA
History: NEW, 1994 MAR p. 1156, Eff. 5/1/94; REP, 2024 MAR p. 2203, Eff. 9/21/24.

Mont. Admin. R. 24.30.2503 Definitions (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-1505, MCA
Implementing statute(s): 39-71-1505, MCA
History: NEW, 1994 MAR p. 1156, Eff. 5/1/94; REP, 2024 MAR p. 2203, Eff. 9/21/24.

Mont. Admin. R. 24.30.2507 Status of Certain Personal Assistants for the Purpose of the Safety Culture Act (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 53-6-145, MCA
Implementing statute(s): 53-6-145, MCA
History: NEW, 1995 MAR p. 2145, Eff. 10/13/95; REP, 2024 MAR p. 2203, Eff. 9/21/24.

Mont. Admin. R. 24.30.2521 Each Employer to Have Education-Based Safety Program (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-1505, MCA
Implementing statute(s): 39-71-1505, MCA
History: NEW, 1994 MAR p. 1156, Eff. 5/1/94; REP, 2024 MAR p. 2203, Eff. 9/21/24.

Mont. Admin. R. 24.30.2541 Employers with More Than Five Employees to Have Comprehensive and Effective Safety Program (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-1505, MCA
Implementing statute(s): 39-71-1505, MCA
History: NEW, 1994 MAR p. 1156, Eff. 5/1/94; REP, 2024 MAR p. 2203, Eff. 9/21/24.

Mont. Admin. R. 24.30.2542 Safety Committee Required for Every Employer with More Than Five Employees (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-1505, MCA
Implementing statute(s): 39-71-1505, MCA
History: NEW, 1994 MAR p. 3016, Eff. 12/1/94; AMD, 1995 MAR p. 445, Eff. 2/10/96; REP, 2024 MAR p. 2203, Eff. 9/21/24.

Mont. Admin. R. 24.30.2543 Composition of the Safety Committee

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 39-71-1505 MCA
Implementing statute(s): Sec. 39-71-1505 MCA
History: NEW, 1994 MAR p. 3016, Eff. 12/1/94; REP, 1996 MAR p. 445, Eff. 2/10/96.

Mont. Admin. R. 24.30.2544 Scheduling of the Safety Committee Meetings

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 39-71-1505 MCA
Implementing statute(s): Sec. 39-71-1505 MCA
History: NEW, 1994 MAR p. 3016, Eff. 12/1/94; REP, 1996 MAR p. 445, Eff. 2/10/96.

Mont. Admin. R. 24.30.2545 Role of the Safety Committee

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 39-71-1505 MCA
Implementing statute(s): Sec. 39-71-1505 MCA
History: NEW, 1994 MAR p. 3016, Eff. 12/1/94; REP, 1996 MAR p. 445, Eff. 2/10/96.

Mont. Admin. R. 24.30.2546 Scope of Duties of the Safety Committee

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 39-71-1505 MCA
Implementing statute(s): Sec. 39-71-1505 MCA
History: NEW, 1994 MAR p. 3016, Eff. 12/1/94; REP, 1996 MAR p. 445, Eff. 2/10/96.

Mont. Admin. R. 24.30.2551 Average Lost Workday Incidence Rate for Occupational Injuries and Illnesses (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-1505, MCA
Implementing statute(s): 39-71-1505, MCA
History: NEW, 1996 MAR p. 445, Eff. 2/10/96; REP, 2024 MAR p. 2203, Eff. 9/21/24.

Mont. Admin. R. 24.30.2553 Waiver of Safety Committee Requirements for Individual Plan No. 1 Self-Insurers (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-1505, MCA
Implementing statute(s): 39-71-1505, MCA
History: NEW, 1996 MAR p. 445, Eff. 2/10/96; REP, 2024 MAR p. 2203, Eff. 9/21/24.

Mont. Admin. R. 24.30.2554 Waiver of Safety Committee Requirements for Group Plan No. 1 Self-Insurers (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-1505, MCA
Implementing statute(s): 39-71-1505, MCA
History: NEW, 1996 MAR p. 445, Eff. 2/10/96; REP, 2024 MAR p. 2203, Eff. 9/21/24.

Mont. Admin. R. 24.30.2558 Waiver of Safety Committee Requirements for Plan No. 2 and Plan No. 3 Employers (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-1505, MCA
Implementing statute(s): 39-71-1505, MCA
History: NEW, 1996 MAR p. 445, Eff. 2/10/96; REP, 2024 MAR p. 2203, Eff. 9/21/24.

Mont. Admin. R. 24.30.2575 Employers with More Than Five Employees – Safety Program – Safety Committee

(1) To determine if an employer must have a safety program because the employer has more than five employees, the employer shall count all fulltime, part-time, regular, temporary, leased, and seasonal workers under the employer's direction and control. This rule applies whenever there are more than five employees and continues unless or until the number of employees is less than six for three consecutive months.

(2) If an employer is a party to a collective bargaining agreement that provides for the establishment and operation of a safety committee, the terms of the collective bargaining agreement shall govern the operation of the safety committee, notwithstanding any other provisions of these rules.

(3) Federal law prohibits domination of a safety committee by management. A safety committee must be composed of representatives of both employees and management.

(4) A safety committee shall meet at least twice per year.

(5) The employer shall maintain records of the safety program for three years, including employee participation in any aspect of the safety program.

(6) The department shall not grant waivers of a safety program's safety committee requirement for any employer under any workers' compensation plan pursuant to 39-71-1505, MCA.

History

Authorizing statute(s): 39-71-1505, MCA
Implementing statute(s): 39-71-1505, MCA
History: NEW, 2024 MAR p. 2203, Eff. 9/21/24.

Chapter 24.31 Crime Victims Compensation

Subchapter 24.31.1 Function

Mont. Admin. R. 24.31.101 Function of the Division

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 53-9-104 (1) (a) MCA
Implementing statute(s): Sec. 53-9-104 (1) (a) MCA
History: NEW, 1978 MAR p. 194, Eff. 2/25/78; REP, 1996 MAR p. 562, Eff. 3/1/96.

Subchapter 24.31.4 Procedures And Hearings

Mont. Admin. R. 24.31.401 Reporting, Compensation Payments, Medical Information

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 53-9-104 (1) (a) MCA
Implementing statute(s): 53-9-104 (1) (a) MCA
History: NEW, 1978 MAR p. 194, Eff. 2/25/78; REP, 1996 MAR p. 562, Eff. 3/1/96.

Mont. Admin. R. 24.31.402 Informal Hearing Procedures

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 53-9-122 MCA
Implementing statute(s): 53-9-122 MCA
History: NEW, 1978 MAR p. 194; Eff. 2/25/78; REP, 1996 MAR p. 562, Eff. 3/1/96.

Chapter 24.33 Construction Contractors and Home Inspectors

Authorizing statute(s): 39-9-103, MCA
Implementing statute(s): 39-9-204, MCA
History: NEW, 2012 MAR p. 994, Eff. 5/11/12; AMD, 2018 MAR p. 720, Eff. 4/14/18; AMD, 2024 MAR p. 1072, Eff. 5/11/24; REP, 2025 MAR, Notice No. 2025-209, Eff. 1/1/26.

Authorizing statute(s): 39-9-103, 39-9-212, MCA
Implementing statute(s): 39-9-206, MCA
History: NEW, 2019 MAR p. 2121, Eff. 11/23/19; REP, 2024 MAR p. 1192, Eff. 5/25/24.

Chapter 24.35 Independent Contractors

Subchapter 24.35.1 Independent Contractor Exemption Certificate

Mont. Admin. R. 24.35.101 Definitions

For the purposes of ARM Title 24, chapter 35, the following definitions apply:

(1) "Employment status" means the employment relationship between an individual and a hiring agent.

(2) "Fixed business location" means a principle place of business for any trade, occupation, profession, or business that is designated by the owner as the physical location where customers are directed for any physical contacts with the business and is the actual location where the majority of the business work is regularly performed. More than a place to store inventory or product samples, a fixed business location is where a person engages in work intended for commerce.

(3) "Hiring agent" means the entity that hires an individual to perform services. A hiring agent may be an "employer" as defined in 39-3-201, MCA; 39-51-202, MCA; 39-71-117, MCA; or other legal entity as defined by an "employing unit" in 39-51-201, MCA.

(4) "Incomplete application" means an application submitted for an exemption as an independent contractor that fails to qualify for a minimum of 15 points due to insufficient, missing, unverifiable, or incorrect information; or due to failure to submit an essential component, such as a signed and notarized waiver or required fee.

(5) "Independent Contractor Central Unit" or "ICCU" means the individuals or group responsible for making employment status decisions for the entire department and other agencies that elect to participate in the ICCU.

(6) "Party" means a person or entity designated by the department as plaintiff or respondent in an ICCU decision-making proceeding. The department, the claimant, employer(s), hiring agent(s), ICEC holders, insurer(s), or agencies of state government may be a party to an ICCU decision-making proceeding or appeal of an ICCU decision to the Workers' Compensation Court.

(7) "Revoked" and "revocation" mean that an ICEC is no longer in force or effect.

(8) "Suspended" and "suspension" mean that a person's ICEC is not applicable to a particular job or to a series of jobs for a particular hiring agent.

History

Authorizing statute(s): 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA
Implementing statute(s): 39-51-201, 39-51-204, 39-71-105, 39-71-409, 39-71-417, 39-71-418, MCA
History: NEW, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 720, Eff. 4/14/18; AMD, 2024 MAR p. 2061, Eff. 8/24/24.

Mont. Admin. R. 24.35.111 Application for Independent Contractor Exemption Certificate

(1) The applicant for an ICEC shall submit:

(a) a completed ICEC application on a department-approved form bearing the applicant's signature;

(b) a fee, as required by ARM 24.35.121; and

(2) The department shall approve or deny an ICEC application within 30 days of receipt and notify the applicant in writing.

(3) The department shall retain an incomplete or denied application for a period of six months from the date of receipt and allow the applicant the opportunity to supplement supporting documentation or submit missing components. Upon the written request of applicant, the department shall re-evaluate an application, taking into consideration the supplemental information submitted by applicant. Incomplete applications that have not been approved within six months of receipt by the department will remain denied.

History

Authorizing statute(s): 39-71-417, MCA
Implementing statute(s): 39-71-417, MCA
History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p. 1863, Eff. 7/1/96; AMD, 1998 MAR p. 2880, Eff. 11/1/98; AMD, 2003 MAR p. 2550, Eff. 11/14/03; AMD, 2005 MAR p. 1511, Eff. 8/12/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 720, Eff. 4/14/18; AMD, 2024 MAR p. 2061, Eff. 8/24/24; AMD, 2026 MAR, Notice No. 2025-508, Eff. 2/7/26.

Mont. Admin. R. 24.35.112 Independent Contractor Exemption Certificate Application

(1) On the form provided by the department, the applicant shall provide all information designated as required. The applicant must state, under oath, the veracity of all information on and attached to the form.

(2) The applicant shall also submit supporting documentation to prove applicant's qualification for an ICEC. The department has the discretion to assess the reliability of the documentation and award points for each item of proof as outlined by this rule. Each item of documentation submitted may count toward points in more than one category. No more than two items of proof may be submitted under each category. To qualify for an ICEC, an applicant's documentation must be awarded a minimum of 15 points by the department for each independently established trade, occupation, profession, or business listed on the ICEC application.

(a) The department may award up to ten points for proof that the applicant has current workers' compensation, unemployment insurance, and Department of Revenue accounts for employees in each independently established trade, occupation, profession, or business. The department may award up to six points for proof of two insurance policies or accounts and may award up to three points for proof of one insurance policy or account.

(b) The department may award up to six points for each of the following proofs for each independently established trade, occupation, profession, or business:

(i) contract or memo of understanding that demonstrates applicant's independent contractor status. If the applicant can end a contract at any time without incurring any liability for failing to complete the project that is the subject of the contract, the department cannot award points for the contract under this rule. Separate contracts with different hiring agents may qualify for a maximum of six points. Each contract must include:

(A) payment based on a completed project;

(B) beginning and ending dates of the contract;

(D) identification of who provides the materials and supplies;

(E) signatures by both parties; and

(F) defined body of work, complete project, or end result;

(ii) signed and dated list of equipment and tools owned or controlled by the applicant with approximate values. The equipment or tool list may be documented by a rental or lease agreement, county documents verifying the business equipment tax paid, or other means;

(iii) commercial general liability insurance policy or bonding;

(iv) most recent business tax forms filed within the past three years;

(v) IRS Form 1099s (miscellaneous income) from multiple hiring agents or two quarterly self-employment tax payments (IRS form 1040ES) within the past three years;

(vi) trucking company lease agreement; or

(vii) certification for Indian Preference by a federally recognized Indian tribe under the laws of that tribe.

(c) The department may award up to three points for each of the following proofs for each independently established trade, occupation, profession, or business:

(i) partnership or limited liability partnership agreement signed and dated by all partners that demonstrates:

(A) intent to form the partnership;

(B) contribution by all partners;

(D) the sharing of profit/loss;

(ii) current business license or building permit;

(iii) certificate of registration for the business entity issued by the Montana Secretary of State;

(iv) articles of incorporation, annual report, articles of organization, or other documentation that verifies the applicant is an officer in a corporation, a manager in a manager-managed limited liability company, or a member of a member-managed limited liability company;

(v) proof of ownership, home occupation license, rental or lease agreement with a statement that the property may be used for business or commercial use, or proof of IRS filing for use of home as a business;

(vi) educational certification for unlicensed occupations relevant to the trade, occupation, or profession for which the applicant seeks the ICEC;

(vii) current professional license relevant to the trade, occupation, or profession for which the applicant seeks the ICEC;

(viii) membership in a relevant professional association or affiliation;

(ix) current motor carrier (MC) authority number in applicant's personal or business name;

(x) business bank account; or

(xi) copies of advertising in a newspaper, phone book, web site on the internet, or other venue.

(d) The department may award up to one-and-one-half points for each of the following proofs for each independently established trade, occupation, profession, or business:

(i) federal employer identification number (EIN);

(ii) Dunn and Bradstreet number;

(iii) telephone or utility bill(s) in the business name;

(iv) credit card(s) or purchase account(s) in the business name;

(v) preprinted business invoices, business cards, or brochures;

(vi) proof of order(s) for printed hats, shirts, or other promotional items for the business;

(vii) proof of business advertising using a vehicle sign, yard sign, bulletin boards, or posted flyers;

(viii) invoices billed to the business name or a bid proposal or estimate, either of which must include the address and phone number of the recipient;

(ix) vehicle registration(s) in the business name; or

(x) international fuel tax account number (IFTA) in the applicant's personal or business name.

(e) The applicant may submit any other supporting documentation. The department has discretion to assess the reliability of and determine the point value of any documentation not listed in this rule.

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-71-203, 39-71-417, MCA
Implementing statute(s): 39-3-201, 39-3-402, 39-51-201, 39-51-204, 39-71-417, 39-71-418, 39-71-419, MCA
History: NEW, 2018 MAR p. 720, Eff. 4/14/18; AMD, 2024 MAR p. 2063, Eff. 8/24/24; AMD, 2026 MAR, Notice No. 2025-508, Eff. 2/7/26.

Mont. Admin. R. 24.35.113 Independent Contractor Exemption Certificate Waiver

(1) To execute a waiver, the applicant shall complete the department-approved waiver form. The waiver form must be signed by the applicant and under oath. The applicant shall represent on the waiver form that:

(a) the applicant is engaged in each independently established trade, occupation, profession, or business that is specifically identified on the application form;

(b) the applicant is responsible for all taxes related to the applicant's work as an independent contractor;

(c) the applicant controls the details of how services are performed, both under contract and in fact, and the hiring agent retains only the control necessary to ensure the bargained for end result; and

(d) the applicant understands and agrees that if the ICEC is granted, the applicant is not eligible for and waives the right to workers' compensation or occupational disease benefits for an injury or occupational disease related to work performed as an independent contractor in each independently established trade, occupation, profession, or business for which the ICEC is granted.

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-71-203, 39-71-417, MCA
Implementing statute(s): 39-3-201, 39-3-402, 39-51-201, 39-51-204, 39-71-417, 39-71-418, 39-71-419, MCA
History: NEW, 2018 MAR p. 720, Eff. 4/14/18; AMD, 2026 MAR, Notice No. 2025-508, Eff. 2/7/26.

Mont. Admin. R. 24.35.116 Renewal of Independent Contractor Exemption

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203 and 39-71-401, MCA
Implementing statute(s): 39-71-120 and 39-71-401, MCA
History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p. 1863, Eff. 7/1/96; REP, 2005 MAR p. 1511, Eff. 8/12/05.

Mont. Admin. R. 24.35.117 Icec Renewal, Declaration, and Waiver

(1) About two months prior to its expiration, the department will remind an ICEC holder of the expiration date of their ICEC.

(2) To renew an ICEC, the ICEC holder shall submit the following:

(a) signed ICEC renewal application on the department-approved form that indicates any changes in independent contractor status;

(b) certification that previously submitted documentation remains valid;

(d) a fee, as required by ARM 24.35.121; and

(e) an executed waiver on the department-approved form.

(3) The department will verify documentation on file and evaluate all new documentation submitted by the ICEC holder. The department will assign point values to documentation, in accordance with ARM 24.35.112.

(4) The department has discretion to assess the reliability of and determine the point value of any documentation not listed in ARM 24.35.112.

(5) If the department is unable to verify any documentation needed to support independent contractor status, the department will notify the ICEC holder in writing within 30 days of receipt of the renewal application.

(6) To qualify for an ICEC renewal, the ICEC holder's documentation must be awarded a minimum of 15 points by the department for each independently established trade, occupation, profession, or business listed on the ICEC renewal application.

(7) An ICEC renewal issued by the department remains in effect for a two-year period unless the department revokes or suspends the ICEC or the ICEC holder requests in writing that the department cancel the ICEC.

(8) An ICEC holder may update the information on file with the department at any time during a current independent contractor exemption certificate period by requesting in person, over the phone, by e-mail, or in writing the revision of business name(s), business structure, phone number(s), or mailing address.

(9) An ICEC holder may add or change trade(s), occupation(s), profession(s), or business(es) to an ICEC, by submitting a complete application and meeting the requirements of statute and rule. When an addition is made pursuant to this section (9), the expiration date of the ICEC is not changed.

History

Authorizing statute(s): 39-51-301, 39-51-302, 39-71-203, 39-71-409, 39-71-417, MCA
Implementing statute(s): 39-51-201, 39-51-204, 39-71-105, 39-71-409, 39-71-417, 39-71-418, MCA
History: NEW, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 720, Eff. 4/14/18; AMD, 2024 MAR p. 2061, Eff. 8/24/24; AMD, 2026 MAR, Notice No. 2025-508, Eff. 2/7/26.

Mont. Admin. R. 24.35.121 Application and Renewal Fee for Independent Contractor Exemption Certificate

(1) A nonrefundable fee of $125 must be submitted with each initial application, each application for reinstatement of a revoked ICEC, and each renewal application.

(2) ICECs are issued for a two-year period.

(3) The department may charge a $10 fee for the reissuance of a current certificate.

History

Authorizing statute(s): 39-71-203, 39-71-401, MCA
Implementing statute(s): 39-71-401, 39-71-417, 39-71-418, MCA
History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p. 1863, Eff. 7/1/96; AMD, 1998 MAR p. 2880, Eff. 11/1/98; AMD, 2003 MAR p. 2550, Eff. 11/14/03; AMD, 2005 MAR p. 967, Eff. 6/17/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 720, Eff. 4/14/18.

Mont. Admin. R. 24.35.131 Suspension or Revocation of Independent Contractor Exemption Certificate

(1) The department may revoke an ICEC when the department determines it is necessary to do so. The following are examples when the department may revoke an ICEC:

(a) the department is unable to locate the certificate holder or mail sent to the certificate holder at the address on file with the department is returned;

(b) the certificate holder fails to cooperate with the department, including without limitation:

(i) failure to provide information to the department upon request;

(ii) failure to complete a worker relationship questionnaire upon request; or

(iii) failure to notify the department of changes in contact information;

(c) when revocation is required by law, for example for non-payment of child support pursuant to Title 40, chapter 5, part 7, MCA; or

(d) any reason the department determines sufficiently egregious to warrant revocation of the ICEC.

(2) A person with a suspended ICEC as applied to a particular hiring agent may apply for reinstatement of the ICEC by submitting proof to the department of the ICEC holder's independent contractor status in relation to the identified hiring agent. The department shall investigate prior to reinstatement of an ICEC to ascertain that independent contractor status is established in fact.

(3) A person whose ICEC has been cancelled by the ICEC holder or revoked by the department may apply for a new ICEC pursuant to ARM 24.35.111.

History

Authorizing statute(s): 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA
Implementing statute(s): 39-51-201, 39-51-204, 39-71-417, 39-71-418, MCA
History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p. 1863, Eff. 7/1/96; AMD, 2005 MAR p. 1511, Eff. 8/12/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 720, Eff. 4/14/18.

Mont. Admin. R. 24.35.133 Notice of Suspension or Revocation of Independent Contractor Exemption Certificate

(1) When the department suspends or revokes an ICEC, the certificate holder's waiver of workers' compensation benefits is no longer effective upon departmental notice to the hiring agent(s).

(2) A hiring agent is considered to have been given notice of the suspension of an ICEC on the date a written notice is personally delivered to the hiring agent, or three days after the department mails a written notice to the hiring agent, whichever is earlier.

(3) Regarding a revocation, if the department has contact information for a given hiring agent, that hiring agent is considered to have been given notice of the revocation of an ICEC on the date a written notice is personally delivered to the hiring agent, or three days after the department mails a written notice to the hiring agent, whichever is earlier.

(a) Hiring agents unknown to the department or potential future hiring agents are deemed to have notice that an ICEC is revoked at the earlier of when:

(i) the department posts notice of the revoked ICEC at its web site; or

(ii) the hiring agent has actual knowledge of the department's revocation of the ICEC.

History

Authorizing statute(s): 39-71-203, 39-71-417, 39-71-418, MCA
Implementing statute(s): 39-71-418, MCA
History: NEW, 2005 MAR p. 1511, Eff. 8/12/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2024 MAR p. 2061, Eff. 8/24/24.

Mont. Admin. R. 24.35.141 Guidelines for Determining Whether an Independent Contractor Exemption Certificate Is Needed

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-71-203, 39-71-417, MCA
Implementing statute(s): 39-71-417, MCA
History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p. 1863, Eff. 7/1/96; AMD, 1998 MAR p. 2880, Eff. 11/1/98; AMD, 2005 MAR p. 1511, Eff. 8/12/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10; REP, 2018 MAR p. 720, Eff. 4/14/18.

Subchapter 24.35.2 Central Unit For Status Determinations

Mont. Admin. R. 24.35.201 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203, MCA
Implementing statute(s): 39-3-208, 39-3-209, 39-3-210, 39-51-201, 39-51-203, 39-71-120, 39-71-415, MCA
History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; AMD, 2003 MAR p. 2550, Eff. 11/14/03; REP, 2010 MAR p. 1608, Eff. 7/16/10.

Mont. Admin. R. 24.35.202 Decisions Regarding Employment Status

(1) Subject to ARM 24.35.203, the department shall apply a two-part test to determine whether an individual is an independent contractor or an employee. The department shall evaluate:

(a) whether the individual is and shall continue to be free from control or direction over the performance of the services, both under contract and in fact; and

(b) whether the individual is engaged in an independently established trade, occupation, profession, or business.

(2) Initial determinations regarding employment status may be issued by any unit of the department or by the Department of Revenue. Initial determinations are binding unless appealed to the ICCU by applicable law.

(3) ICCU decisions regarding employment status are binding on the department and on any other agency which elects to be included as a member of the department's ICCU, subject to the limitations contained in ARM 24.35.205(3). This does not include any agency which is merely appearing before the ICCU as a party in an employment status case, and has not elected to be included as a member of the ICCU.

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA
Implementing statute(s): 39-3-208, 39-3-209, 39-3-210, 39-51-201, 39-51-203, 39-71-415, 39-71-417, 39-71-418, MCA
History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; AMD, 2005 MAR p. 1511, Eff. 8/12/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 720, Eff. 4/14/18; AMD, 2024 MAR p. 2061, Eff. 8/24/24.

Mont. Admin. R. 24.35.203 Determinations Where Exemption Certificate Mandatory

(1) Except as provided in ARM 24.35.204, when a worker is required by 39-71-417, MCA, to have an independent contractor exemption certificate and does not, the worker is conclusively determined to be an employee for purposes of wage and hour, unemployment insurance, workers' compensation, and income tax.

(2) When a worker holds an independent contractor exemption certificate and is working under that certificate as required by 39-71-417, MCA, the worker is conclusively determined to be an independent contractor for purposes of wage and hour, unemployment insurance, workers' compensation, and income tax.

(3) When worker status is conclusively determined pursuant to this rule, the ICCU may issue a decision based solely on information sufficient to determine that conclusive outcome.

(4) Notwithstanding the foregoing, the ICCU may, at its discretion, perform an investigation pursuant to ARM 24.35.202 or when a decision is needed for a program other than wage and hour, unemployment insurance, workers' compensation, or income tax. A decision may also be issued for the purposes of suspending revoking the certificate pursuant to ARM 24.35.131 or issuing penalties, or for other purposes as the ICCU deems necessary.

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-71-203, 39-71-417, MCA
Implementing statute(s): 39-3-201, 39-3-402, 39-51-201, 39-51-204, 39-71-417, 39-71-418, 39-71-419, MCA
History: NEW, 2018 MAR p. 720, Eff. 4/14/18; AMD, 2022 MAR p. 284, Eff. 2/26/22.

Mont. Admin. R. 24.35.204 Misrepresentations Regarding Independent Contractor Status

(1) For purposes of the implementation of 39-51-203(4) and 39-71-419(1)(e), MCA, and requirements in certain instances not to determine status based "solely" on the lack of an ICEC, if one or more category of 39-71-417(7)(d), MCA applies, the ICCU will evaluate the worker's status pursuant to 39-71-417(4), MCA.

History

Authorizing statute(s): 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA
Implementing statute(s): 39-51-201, 39-51-203, 39-71-419, MCA
History: NEW, 2022 MAR p. 284, Eff. 2/26/22; AMD, 2024 MAR p. 2061, Eff. 8/24/24.

Mont. Admin. R. 24.35.205 Binding Nature of Iccu Decisions Regarding Employment Status

(1) Unless appealed following mediation per 39-71-415, MCA, ICCU decisions are binding on all parties regarding employment status issues under the jurisdiction of the department and any other agency electing to be included as a member of the ICCU. These decisions may affect a party's liability in unemployment insurance, the Uninsured Employer's Fund, wage and hour, human rights, and state income tax withholding matters.

(2) Neither the department nor any other agency electing to be included as a member of the ICCU may appeal the ICCU's employment status decision.

(3) When a party appeals the ICCU's employment status decision, the decision is not binding on any party until all appeal rights are exhausted.

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA
Implementing statute(s): 39-3-212, 39-3-407, 39-51-1109, 39-71-415, 39-71-417, MCA
History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; AMD, 2003 MAR p. 2550, Eff. 11/14/03; AMD, 2005 MAR p. 1511, Eff. 8/12/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 720, Eff. 4/14/18; AMD, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.35.206 Mediation and Appeal of Employment Status

(1) A party receiving an adverse ICCU decision may request mediation within 15 days of the date the decision was sent. The mediation request is effective upon department receipt.

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA
Implementing statute(s): 39-3-216, 39-3-407, 39-51-1109, 39-71-415, 39-71-417, 39-71-418, MCA
History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; AMD, 2003 MAR p. 2550, Eff. 11/14/03; AMD, 2005 MAR p. 1511, Eff. 8/12/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 720, Eff. 4/14/18; AMD, 2022 MAR p. 152, Eff. 1/29/22.

Mont. Admin. R. 24.35.207 Transfer of File

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA
Implementing statute(s): 2-4-201, 39-3-216, 39-51-1109, 39-71-415, 39-71-417, 39-71-418, MCA
History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; AMD, 2003 MAR p. 2550, Eff. 11/14/03; AMD, 2005 MAR p. 1511, Eff. 8/12/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10; REP, 2018 MAR p. 720, Eff. 4/14/18.

Mont. Admin. R. 24.35.210 Hearing on Employment Status Issue

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302 and 39-71-203, MCA
Implementing statute(s): 2-4-201, 2-4-611, 39-3-216, 39-51-1109 and 39-71-415, MCA
History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; REP, 2003 MAR p. 2550, Eff. 11/14/03.

Mont. Admin. R. 24.35.212 Appeal Referee's Findings of Fact, Conclusions of Law and Decision on Employment Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302 and 39-71-203, MCA
Implementing statute(s): 2-4-611, 2-4-623, 39-3-216, 39-51-1109 and 39-71-415, MCA
History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; REP, 2003 MAR p. 2550, Eff. 11/14/03.

Mont. Admin. R. 24.35.213 Appeal of Findings, Conclusions and Decision on Employment Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302 and 39-71-203, MCA
Implementing statute(s): 2-4-611, 2-4-623, 39-3-216, 39-51-1109, 39-71-415, 39-71-504, 39-71-532 and 39-71-2401, MCA
History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; REP, 2003 MAR p. 2550, Eff. 11/14/03.

Subchapter 24.35.3 Definitions Related To Independent Contractors

Mont. Admin. R. 24.35.301 Definition of Independent Contractor

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302 and 39-71-203, MCA
Implementing statute(s): 39-3-201, 39-51-201, 39-51-204, 39-71-120 and 39-71-401, MCA
History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; AMD, 2003 MAR p. 2550, Eff. 11/14/03; REP, 2005 MAR p. 1511, Eff. 8/12/05.

Mont. Admin. R. 24.35.302 Independent Contractor -- Guidelines Regarding Evidence of Control

(1) An individual is an employee and not an independent contractor if the hiring agent controls or retains the right to control the way the individual renders services. The following factors serve as general guidelines when the department evaluates whether control exists:

(a) the individual is required to follow written or oral instructions concerning when, where, or how work is to be done. Although some individuals, because of skill or expertise, work without receiving instructions, they may still be employees if the employer has the right to give instructions on work performance;

(b) the success or continuation of a business depends in great part upon the services performed by the individual;

(d) the relationship between the individual and the hiring agent is on a frequent, recurring basis, even if irregular or part time;

(e) the individual is required to perform services at certain established times;

(f) the work is performed on the business premises or jobsite of the hiring agent. This factor is especially important if the work could be performed elsewhere;

(g) the hiring agent requires, or has the right to require, the individual to perform services in a certain manner, or in a certain order or sequence;

(h) the hiring agent requires the individual to submit oral or written reports;

(i) the individual is paid based on the time spent doing the work rather than a payment for a completed project or end result;

(j) the individual is paid or reimbursed for travel or other business-related expenses;

(k) the hiring agent furnishes the facilities, tools, materials, or other equipment to the individual;

(l) the individual may be discharged at the will of the hiring agent, including the right to discharge for the failure to follow specified rules or methods. A union contract or statute which restricts the right of discharge does not indicate a lack of control;

(m) training is provided to the individual by the hiring agent;

(n) the individual does not realize a profit or suffer a loss as a result of the services performed;

(o) the individual is prohibited or restricted from working for others or is required to devote primary attention to the hiring agent;

(p) the individual has signed an overly broad noncompetition clause in a contract with a hiring agent; or

(q) other factors that indicate control of the individual by the hiring agent.

(2) The above factors are weighed and evaluated depending on the circumstance of each case. A combination of these factors may indicate control or the right to control. Service performed by an individual for pay is considered to be employment until it is shown to the satisfaction of the department that the individual is an independent contractor.

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA
Implementing statute(s): 39-3-201, 39-51-201, 39-51-203, 39-51-204, 39-71-417, 39-71-418, MCA
History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; AMD, 2005 MAR p. 1511, Eff. 8/12/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10.

Mont. Admin. R. 24.35.303 Independent Contractor--Guidelines Regarding Independently Established Business

(1) To be an independent contractor, an individual must be engaged in an independently established trade, occupation, profession, or business. The following factors serve as general guidelines when the department evaluates whether an independently established business exists:

(a) the individual has a place of business separate from the hiring agent's place of business;

(b) the individual supplies substantially all of the tools, equipment, supplies, or materials necessary to perform the services;

(d) the individual has two or more effective contracts to perform services for several different hiring agents;

(e) the individual is paid based on a billing statement or invoice at completion of the services;

(f) the individual performs the services under a written contract that requires complete or partial payment after a certain amount of work is performed, and the contract terminates after a definite time period;

(g) the individual advertises services in telephone books, newspapers, or other media;

(h) the individual files federal or state business tax forms;

(i) the individual has the required customary licenses, registrations, or permits to maintain a business;

(j) the individual may realize a profit or suffer a loss from performing the services for the hiring agent. This factor may be shown if the individual:

(i) hires or pays assistants to perform the services;

(ii) performs the services at facilities owned or leased by the individual;

(iii) has continuing or recurring liabilities associated with performing the services; or

(iv) agrees to perform specific jobs for prices agreed upon in advance and pays expenses associated with the performance of the services;

(k) the individual has an independent contractor exemption certificate;

(l) the individual may not end the relationship at will without incurring liability. An independent contractor agrees to complete a specific job, is responsible for its completion, and may be subject to liability for failing to complete the job in accordance with agreed upon specification;

(m) the individual is not prohibited or restricted from working for others; or

(n) another factor that indicates the existence of an independently established trade, occupation, profession, or business.

(2) The department shall evaluate and weigh the above factors for each case. A combination of these factors may indicate that the individual is customarily engaged in an independently established trade, occupation, profession, or business. Service performed by an individual for pay is considered to be employment until it is shown to the satisfaction of the department that the individual is an independent contractor.

History

Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA
Implementing statute(s): 39-3-201, 39-51-201, 39-51-203, 39-51-204, 39-71-417, 39-71-418, MCA
History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; AMD, 2003 MAR p. 2550, Eff. 11/14/03; AMD, 2005 MAR p. 1511, Eff. 8/12/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10.

Chapter 24.38 Professional Employer Organizations

Subchapter 24.38.1 Licensure

Mont. Admin. R. 24.38.101 New Applications - Denials

(1) An applicant for initial licensure must submit all information and documentation required by statute and rule.

(2) As contemplated by 39-8-202(8), MCA, an applicant accredited by the Employer Services Assurance Corporation, as shown by affidavit, fulfills the requirements of 39-8-202(6) and (7), MCA.

(3) An application that does not contain all required information and documentation is incomplete. Upon receipt of an incomplete application from a newly applying PEO, the department will notify the applicant in writing that the PEO has six months from the date that the original application was received to submit a completed application. An application may be denied for incompleteness after six months.

History

Authorizing statute(s): 39-8-201, MCA
Implementing statute(s): 39-8-202, 39-8-203, 39-8-207, MCA
History: NEW, 2014 MAR p. 684, Eff. 4/11/14; AMD, 2022 MAR p. 909, Eff. 6/11/22; AMD, 2026 MAR, Notice No. 2025-239, Eff. 1/10/26.

Mont. Admin. R. 24.38.103 Provisional License

(1) A provisional license may be granted to applicants for initial licensure as set forth in this rule. A provisional license may be in effect solely during the period from granting until a decision to grant or deny a license is made.

(2) A provisional license may be granted only if:

(a) the department determines it is in the best interest of potentially affected clients and employees; and

(b) the initial application is pending and contains proof that, at minimum:

(i) the requirements of 39-8-207(1), (2), (4), and (6), MCA are met; or

(ii) the applicant is licensed as a PEO in another state.

History

Authorizing statute(s): 39-8-201, 39-8-202, MCA
Implementing statute(s): 39-8-202, MCA
History: NEW, 2022 MAR p. 909, Eff. 6/11/22.

Mont. Admin. R. 24.38.105 Renewal Applications - Denials

(1) A complete renewal application must be submitted to the department at least 30 days prior to the license expiration.

(2) Waiver of specific documentation requirements set forth in ARM 24.38.101 apply to renewals in this rule.

History

Authorizing statute(s): 39-8-201, MCA
Implementing statute(s): 39-8-202, 39-8-203, 39-8-204, 39-8-206, MCA
History: NEW, 2014 MAR p. 684, Eff. 4/11/14; AMD, 2022 MAR p. 909, Eff. 6/11/22; AMD, 2026 MAR, Notice No. 2025-239, Eff. 1/10/26.

Mont. Admin. R. 24.38.107 Quarterly Filings

(1) The department waives the requirement of quarterly filings set forth in 39-8-207(2)(b), MCA for those PEOs who have:

(a) submitted an affidavit from and are certified and in good standing with the Employer Services Assurance Corporation; or

(b) submitted an affidavit demonstrating that they are a certified PEO, as defined at 26 U.S.C. 7705.

History

Authorizing statute(s): 39-8-207, MCA
Implementing statute(s): 39-8-207, MCA
History: NEW, 2026 MAR, Notice No. 2025-239, Eff. 1/10/26.

Mont. Admin. R. 24.38.111 Suspension, Revocation, Nonrenewal - Appeal - Immediate Cessation of Operations

(1) The PEO may appeal the suspension, revocation, or nonrenewal by submitting a written request within 30 days of receiving the notice of suspension, revocation, or denial by the means specified in the notice.

(2) When the suspension or revocation of a provisional or regular license is appealed, the department may order an immediate cessation of operations if:

(a) the PEO does not maintain a valid workers' compensation policy; or

(b) other circumstances determined by the department warrant immediate cessation of operations.

History

Authorizing statute(s): 39-8-201, MCA
Implementing statute(s): 39-8-203, 39-8-204, 39-8-206, MCA
History: NEW, 2014 MAR p. 684, Eff. 4/11/14; AMD, 2022 MAR p. 909, Eff. 6/11/22; AMD, 2026 MAR, Notice No. 2025-239, Eff. 1/10/26.

Mont. Admin. R. 24.38.125 Professional Employer Organizations

(1) PEOs must meet all recordkeeping and reporting obligations applicable to all other employers pursuant to the Unemployment Insurance Law.

(2) Concurrent with the report required by ARM 24.40.1609, PEOs must submit quarterly to unemployment insurance a report detailing:

(a) for each client:

(i) client name; and

(ii) client federal employer identification number;

(b) for each leased employee:

(i) name;

(ii) social security number; and

(iii) for each client for which the leased employee worked, the wages paid.

(3) Failure to submit filings pursuant to this rule may subject a PEO license to suspension, revocation, or refusal to renew.

History

Authorizing statute(s): 39-8-201, 39-51-301, MCA
Implementing statute(s): 39-8-207, 39-8-302, 39-51-1219, MCA
History: NEW, 2022 MAR p. 909, Eff. 6/11/22; AMD, 2026 MAR, Notice No. 2025-239, Eff. 1/10/26.

Chapter 24.40 Unemployment Insurance

Subchapter 24.40.1 Procedural Rules

Mont. Admin. R. 24.40.101 Definitions

In addition to the terms defined in Title 39, chapter 51, MCA, including in 39-51-201 through 39-51-205, and 39-51-1121, MCA, the following definitions apply to this chapter, unless context or a particular rule provides otherwise:

(1) "Accredited by the state of Montana" means the educational institution meets the applicable accreditation standards defined in Title 20, MCA, for institutions in the state of Montana, and the standards defined by the U.S. Department of Education for institutions outside the state of Montana.

(2) "Additional claim" means a claimant reactivated a claim during the claim's benefit year according to ARM 24.40.841, after one or more separations from insured employment since the claim went inactive.

(3) “Available for work” means a claimant is willing and able to accept an offer of suitable work for a minimum of three days a week, and the work days are typical of the claimant’s occupation.

(4) "Base period employer" means an employer from whom a claimant earned wages for insured employment during the base period of the claim.

(5) "Benefit determination" means a decision involving any issue related to a claimant's qualification or eligibility for benefits, including monetary, nonmonetary, and separation issues. The term also includes a claimant's overpayment amount and determinations regarding waiver of overpayment recovery.

(6) "Calendar quarter" means any one of the following quarters in a year:

First - January, February, March

Second - April, May, June

Third - July, August, September

Fourth - October, November, December

(7) "Child" as used in 39-51-2111, MCA, means an individual under the age of 18, including an emancipated minor, or an adult with a disability who is dependent upon parent(s) or guardian(s) for food, shelter, living expenses, and other necessities.

(8) "Claim," as used in this chapter and in Title 39, chapter 51, MCA, unless the context or language clearly indicates otherwise, means an initial, additional, or reopened claim for unemployment insurance benefits.

(9) "Claimant" means a person who has filed a claim, or who is in the process of filing a claim.

(10) "Days" means a specified number of consecutive calendar days, including Saturdays, Sundays, and holidays except as provided in ARM 24.40.105.

(11) "Discharge," as used in 39-51-2303, MCA, means a termination of the employment relationship between an employer and an employee initiated by the employer, for reasons other than a lack of work, whether or not in response to some act or omission on the part of the employee.

(12) "Educational institution," as used in 39-51-2108, 39-51-2302, and 39-51-2307, MCA, means any public, private, or nonprofit academic, vocational, technical, business, professional, or other school (including a home school), college, or university.

(13) “Full-time work” means insured employment in which an employee is regularly scheduled to work 40 or more hours per week.

(14) "Good cause" means reasonably compelling circumstances which did not result from any act or omission on the part of the person or business entity claiming good cause and which could not be overcome by reasonable diligence.

(15) "Inactive claim" means a claimant did not file a request for benefit payments for four consecutive weeks during the claim's benefit year. In order to begin claiming benefits again when a claim goes inactive, a claimant must follow the procedures pursuant to ARM 24.40.841.

(16) "Initial claim" means a request filed by a claimant for a determination of the claimant's potential entitlement to and eligibility for benefits.

(17) "Insured employment" means employment, as defined in 39-51-203, MCA, including federal civilian service, federal military service, and services that constitute employment in any other state, but does not include those services enumerated in 39-51-204, MCA.

(18) "Issue" means any act, circumstance, or condition, occurring or existing before or during a claimant's benefit period, that has the potential to disqualify or make a claimant ineligible for benefits or to reduce the amount of benefits payable to a claimant. An issue includes both monetary and nonmonetary factors affecting benefit eligibility.

(19) "Job attached" means a claimant is able and available and has a definite or approximate date of hire or recall to insured employment at 30 or more hours per week.

(20) "Labor market area" means an economically integrated geographic area within which individuals can reside and find work within a reasonable distance or can readily change jobs without changing their place of residence.

(21) "Leave of absence" means a cessation of employment due to reasons other than an on-the-job injury, requested by the employee and approved by the employer, with an understanding the employee will be returning to employment for the employer.

(22) "Leaving work," as used in 39-51-2302, MCA, includes the term "leaving employment," and means:

(a) any permanent, long-term, or indefinite voluntary reduction in an employee's hours of insured regularly scheduled employment of 40 or more hours per week for a particular employer initiated by the employee, whether or not the reduction occurs in response to an act or omission of the employer or is approved by the employer; or

(b) a cessation of employment initiated by the employee, which resulted from the employee's absence from work without an employer-approved leave of absence for:

(i) five or more consecutive work days due to a physical or mental condition, which prevented the employee from performing the essential functions of the job; or

(ii) three or more consecutive work days without the employer's permission for any other reason.

(23) "Long-term" means that the circumstance in question will or may reasonably be expected to continue to exist substantially unchanged for a period of time exceeding six consecutive weeks.

(24) "Offset" means the withholding of benefits that would otherwise be payable to a claimant for a compensable week of unemployment in order for the department to recover an overpayment.

(25) "Online portal" means the department's public-facing online system for administration of the unemployment insurance program.

(26) "Overpayment" means the amount of benefits paid to a claimant from a state or federal unemployment compensation fund that the a state subsequently determines the claimant was not entitled to receive because of disqualification, ineligibility, or reduction in entitlement under that state’s law.

(27) “Part-time availability” pursuant to 39-51-2115, MCA, means a claimant is qualified to seek only part-time insured work and maintain benefits if:

(a) the majority of the claimant’s work weeks in the base period were part-time; or

(b) the claimant has a medical diagnosis signed and certified from a licensed and practicing healthcare provider that limits the claimant’s ability to perform full-time work.

(28) "Part-time employment" means insured employment in which an employee is regularly scheduled to work less than 40 hours per week.

(29) "Pension" means pension payments, retirement benefits, retirement pay, annuity, or similar periodic payment made to an individual based on previous employment. This definition does not include payments from a fund to which the individual was required to make a direct contribution.

(30) "Permanent layoff" means an indefinite termination of the employment relationship between an employer and an employee initiated by the employer due only to a lack of work for the employee to perform.

(31) "Reactivated claim" means a claimant did not file a request for benefits for at least four consecutive weeks, and before the end of the benefit year the claimant contacted the department to begin requesting benefits again according to ARM 24.40.841.

(32) "Recently lived" as used in 39-51-2111, MCA, means having lived with the abusive person for a period of time during the 12-month period immediately preceding the date the claimant left insured employment or was discharged from insured employment due to domestic violence or domestic abuse.

(33) "Reopened claim" means a claimant reactivated a claim during the claim's benefit year according to ARM 24.40.841 when there were no separations from insured employment since the claim went inactive.

(34) "Same work" means an offer by an individual's present employer of the same hours, wages, terms of employment, and working conditions.

(35) "Separation" means any reduction in an employee's hours of insured employment for a particular employer.

(36) "Similar work" means work in the same occupation or a different occupation that requires essentially the same skills and knowledge as the worker's current or most recent employment but does not mean identical work.

(37) "State-approved training program" means a program the department determines is reasonably expected to lead to employment for a claimant and meets the criteria outlined by ARM 24.40.903.

(38) "Suspension" means a pause of the employment relationship between an employer and an employee initiated by the employer for disciplinary, investigative, or other reasons not including a lack of work for the employee to perform.

(39) "Tax determination" means a decision regarding an employer's contributions, charges, reporting, or other issue determined pursuant to 39-51-1109, MCA.

(40) "Temporary layoff" means a suspension of the employment relationship between an employer and an employee initiated by the employer due only to a lack of work for the employee to perform and where the employer intends to recall the employee at such time as work becomes available, except for separations from temporary employment as defined in ARM 24.40.611.

(41) "Termination" means either a discharge or a permanent layoff.

(42) "Termination pay" means a payment from an employer to a claimant as the result of discharge or permanent layoff.

(a) Examples of termination pay include:

(i) severance pay;

(ii) separation pay;

(iii) wages in lieu of notice;

(iv) continuation of wages for a designated period of time following cessation of employment or other similar payment; and

(v) payments made under an incentive, employee buy-out, or similar plan designed to produce a general or specific reduction in force by inducing employees to leave voluntarily or in lieu of involuntary termination, whether paid in a lump sum or incrementally over any period of time.

(b) Termination pay may include payment for accrued unused vacation, sick leave, or any other leave paid at or after termination from employment.

(43) "Union attached" means a claimant is:

(a) able and available for work;

(b) a member in good standing of a labor union that operates an exclusive hiring hall; and

(44) "Valid notice" means a formal, unconditional, specific communication between an individual employee and an employer or authorized agent of an employer, that provides notice of the date an employee intends to leave work voluntarily (quit) or notice of the date an employer intends to terminate an employee from employment.

(45) "Weekly payment request" means the filing by a claimant of a request for benefit payment or waiting week credit for any week within claimant's benefit year.

(46) “Withdrawal from the labor market” means a claimant is unavailable for work for three or more days per week, unless the claimant is qualified to seek part-time employment pursuant to these rules.

(47) "Work search contact" means a documented contact by a claimant with an insured employer or authorized agent that hires workers for insured work or insured employment the claimant is qualified for and able to perform, and further described by ARM 24.40.823.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-401, 39-51-504, 39-51-605, 39-51-1218, Title 39, chapter 51, parts 21 through 25, MCA, 39-51-2601, 39-51-3201, 39-51-3202, 39-51-3206, MCA
History: NEW, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2002 MAR p. 1665, Eff. 6/14/02; AMD, 2006 MAR p. 916, Eff. 4/7/06; AMD, 2011 MAR p. 573, Eff. 5/29/11; AMD, 2013 MAR p. 413, Eff. 3/29/13; AMD, 2013 MAR p. 2144, Eff. 11/15/13; AMD, 2014 MAR p. 593, Eff. 3/28/14; AMD, 2016 MAR p. 2058, Eff. 11/11/16; AMD, 2018 MAR p. 638, Eff. 4/1/18; TRANS & AMD, from 24.11.204, 2024 MAR p. 1458, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-29, Eff. 7/1/25.

Mont. Admin. R. 24.40.103 Confidential Information

(1) Pursuant to the requirements of 20 CFR Part 603, the department shall protect personally identifying information of claimants and employers. Personally identifying information is data that reveals or that could foreseeably be combined with other publicly available information to reveal the name or an identifying particular about an individual, employer, or employing unit.

(2) The department shall bar the disclosure of personally identifying information, except as disclosure is permitted by the informed consent of the identified individual(s) or is required under federal or state law to a public official for use in the performance of official duties or pursuant to a valid subpoena or interagency cooperative agreement.

(3) For the purposes of this rule:

(a) "public official" means an official, agency, or public entity within the executive branch of federal, state, or local government with responsibility for administering or enforcing the law;

(b) "performance of official duties" means the administration or enforcement of law or the execution of the official responsibilities of a federal, state, or local elected official, and includes research related to unemployment insurance law administered by the Legislature or other public officials;

(c) "valid subpoena" means a compulsory legal process by a federal, state, or local official, other than a clerk of court on behalf of a litigant, with authority to obtain personally identifying unemployment insurance information by subpoena under federal or state law; and

(d) "interagency cooperative agreement" means a written data-sharing agreement between the department and a public official.

(4) The department shall require a recipient of personally identifying information to execute a confidentiality agreement with the department to ensure appropriate safeguards against disclosure are maintained, as specified in state and federal law. The department shall require a public official who receives personally identifying information to safeguard the information from redisclosure, unless redisclosure is specifically authorized in writing by the department.

(5) The department shall charge for the cost of any disclosure to a third party other than an "interested party" pursuant to ARM 24.40.109. Costs must be paid in full prior to the release of information. When the disclosure consists of no more than two pages of hard copy information and involves no more than one-half hour of staff time, the department shall make no charge.

(6) Any unauthorized release of protected information will be prosecuted by the department, pursuant to 39-51-603, MCA.

History

Authorizing statute(s): 39-51-301, 39-51-302, 39-51-603, MCA
Implementing statute(s): 39-51-501, 39-51-603, MCA
History: NEW, 2011 MAR p. 573, Eff. 4/15/11; TRANS and AMD, from 24.11.915, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.105 Time and Procedure for Filing Information

(1) Interested parties shall file responses to the department's requests for information and questions within eight calendar days. Interested parties shall file responses to any subsequent request for information within two business days. The department's request for information or questions shall include the interested party's specific deadline to file a response.

(2) When a deadline falls on a Saturday, Sunday, or holiday, the filing is due the next business day. Information is filed with the department on the day it is received by the department, not the day it is sent or postmarked. This rule does not apply to the filing of a request for redetermination under ARM 24.40.833, the filing of a request for hearing under ARM 24.40.201, or the filing of weekly payment requests under ARM 24.40.813.

(3) Interested parties may file responses using the online portal, or by filing responses through the mail.

(4) The department may extend the deadlines for filing information if the interested party shows good cause for the delayed filing.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-301, 39-51-603, 39-51-605, Title 39, chapter 51, parts 11 through 13, and 21 through 24, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-29, Eff. 7/1/25.

Mont. Admin. R. 24.40.109 Interested Parties

(1) The department is an interested party to all issues adjudicated regarding claims for benefits and employer tax liability.

(2) A claimant is an interested party to all adjudication of claimant's eligibility and qualification for unemployment insurance benefits.

(3) Except as provided by 39-51-605, MCA, and ARM 24.40.111, a base period employer is an interested party to an adjudication of the claimant's separation from employment with that employer. An employer is not an interested party to an adjudication of nonseparation issues related to a claim.

(4) An employer is an interested party to adjudication of the employer's tax determinations, including the employer's tax liability, contribution rate, application for refund, subject wages, and other tax contribution-related issues.

(5) The department shall provide only interested parties with written notice of a determination, redetermination, hearing, or appeal of each issue adjudicated by the department. Only an interested party has standing to request a redetermination, hearing, or appeal.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-605, Title 39, chapter 51, parts 11 and 12, 21 through 24, and 32, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.111 Employer Loss of Interested Party Status

(1) An employer gives up the right to participate as an interested party in the adjudication of a claimant's claim when the employer fails to respond to a request for information or adequately answer questions from the department within eight days of the department's request or questions.

(2) The department shall provide written notice to the employer of the determination of loss of rights. The employer may then only participate as an informational witness in the claim adjudication.

(3) The department may restore the employer's interested party status if the employer shows good cause for the lack of, inadequate, or untimely responses to the department's request for information or questions.

(4) The employer and the department are the only interested parties to the adjudication of an employer's loss of interested party status.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-605, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.40.2 Hearing Procedure

Mont. Admin. R. 24.40.201 Appeal of Department Determinations or Redeterminations - Request for Hearing

(1) An interested party may appeal a benefit determination or redetermination or tax determination or redetermination by filing a request for hearing. A request for hearing must be in writing, and it must contain the reasons for the appeal, including any information or argument not considered by the department which could affect the outcome of the appealed determination or redetermination.

(2) The deadline for an interested party to file a request for hearing is within 10 days of the date of the department’s determination or redetermination. If an interested party’s deadline to file a request for hearing falls on a weekend or holiday, the deadline is extended to the next business day.

(3) The day the interested party files the request for hearing with the department is the appeal date. A request for hearing is filed with the department on the day it is requested via the online portal, postmarked for mail delivery, or delivered to the department in person. If no postmark is available to determine the appeal date, the date on the request for hearing is the appeal date. If no postmark or date is available for the request for hearing, the department shall consider one day before receipt of the request for hearing as the appeal date.

(4) The department may extend an interested party’s deadline for filing a request for hearing if the interested party shows good cause for the delayed filing.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 2-4-201, 39-51-1109, 39-51-2402, 39-51-2407, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-29, Eff. 7/1/25.

Mont. Admin. R. 24.40.203 Hearing Procedure

(1) The conduct, timing, and means of conducting hearings are in the sound discretion of the appeals referee. The appeals referee may issue orders to govern the proceedings before and during a hearing.

(2) Unemployment insurance hearings are informal, but hearings are conducted to determine the substantial rights of all parties. The rules of evidence do not apply. However, the rules of evidence may be used as guidelines to determine the relevance, prejudice, or weight of evidence. All interested parties have the right to call and cross-examine witnesses.

(3) The Montana Rules of Civil Procedure do not apply; however, the rules may be guidelines for the appeals referee.

(4) Documents may be served electronically on any party who agrees in writing during the hearing process to electronic service. Written agreement to electronic service during claims processing does not mean the party agreed to electronic service under this rule.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-1109, 39-51-2403, 39-51-2407, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.207 Benefits Hearings Notice -- Timing

(1) Written notice of a benefits hearing must be sent to all interested parties at least ten days before the hearing. The hearing must be held within 30 days of the filing of the appeal. The appeals referee shall deny a request to postpone unless delay is justified by extraordinary circumstances beyond the requesting party's control.

(2) A hearing notice must state the date, time, and place of the hearing, legal authority for the hearing, and the issues involved in the matter.

(3) The advance notice requirements do not apply to rescheduled hearings or rescheduled prehearing conferences, if the parties have been given reasonable notification of the new date and time.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2403, 39-51-2407, MCA
History: Eff. 12/31/72; AMD, 1988 MAR p. 2723, Eff. 1/1/89; TRANS, from ARM 24.11.302, Eff. 1/1/89; AMD, 2015 MAR p. 1489, Eff. 7/17/15; TRANS and AMD, from 24.11.317, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.209 Tax Hearings Notice – Scheduling Conference – Burden of Proof

(1) The appeals referee shall send notice of the scheduling conference to all interested parties at least 14 days before the conference is scheduled.

(2) The appeals referee and interested parties shall address the following during the scheduling conference:

(a) determine the issues that must be decided by the appeals referee, noting that the appellant has the burden of proving the department erred in determining the application, duration, or amount of the tax;

(b) identify possible remedies;

(d) determine whether discovery is necessary and how it shall occur;

(e) set deadlines for motions;

(f) discuss hearing scheduling, logistics, and procedures; and

(g) perform any other acts or duties to facilitate the hearing and adjudication of the appeal.

(3) After the scheduling conference, the appeals referee shall issue a written scheduling order and send it to all interested parties. The scheduling order controls over prior pleadings in the matter.

(4) If a party fails to participate in the scheduling conference, or fails to comply with any prehearing order, the appeals referee may impose sanctions upon that party including, but not limited to:

(a) dismissal of the case;

(b) default judgment for the opposing party; or

History

Authorizing statute(s): 39-51-302, MCA
Implementing statute(s): 39-51-1109, 39-51-2403, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.211 Subpoenas

(1) The appeals referee may issue subpoenas pursuant to 39-51-2409, MCA, on the referee's own motion, or may issue up to three to an interested party upon request. Subpoenas may be issued for the attendance of witnesses or the production of documents. Subpoenas must be served in the same manner as provided in civil actions, and fees must be paid as provided in 26-2-501, MCA.

(2) When an interested party requires more than three subpoenas, the party must file a written request with the Office of Administrative Hearings, which specifies the following:

(a) expected content of evidence or witness testimony;

(b) necessity of the witness' testimony;

(d) how the testimony of each witness differs from the expected testimony of other witnesses.

(3) A requested subpoena will not be issued when the hearing officer determines a subpoena is unduly burdensome or the expected witness testimony will be unnecessarily repetitive or irrelevant.

History

Authorizing statute(s): 39-51-302, MCA
Implementing statute(s): 39-51-1109, 39-51-2403, 39-51-2409, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 2013 MAR p. 2144, Eff. 11/15/13; TRANS and AMD, from 24.11.335, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.40.4 Wages

Mont. Admin. R. 24.40.401 Wages

(1) In addition to the definition of "wages" in 39-51-201, MCA, wages include, but are not limited to, the following types of remuneration for services:

(a) payments made from an employee's gross remuneration into deferred compensation or cafeteria plans and other similar plans. Such payments are wages reportable for the period in which the compensation was earned;

(b) advances or draws against future earnings, when paid. Payments designated as loans in the employer's records are considered wages unless the loan is to be repaid under a written schedule agreed upon by the employee and the employer;

(c) payments distributed to corporate officers or shareholders in lieu of reasonable compensation for services performed, even though designated as profits or dividends pursuant to ARM 24.40.405;

(d) payments for sick leave and accident disability, including payments made by a third-party insurance company to the employee. For example, if the employer pays premiums to a third party to cover sick leave or accident disability costs, the payments paid by the third party to the employee are wages. If the employee pays the premiums for such coverage, the sick leave or accident disability payments are not wages.

(2) This chapter includes wages that are actually and constructively paid. Wages are constructively paid if they are credited to the individual employee's account or set apart for an individual so that they may be drawn upon by the individual at any time, although not actually in the individual's possession.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-1103, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.403 Cash Value for Wage Calculation

(1) For the purposes of this chapter, the department must estimate the reasonable cash value of all remuneration paid in any medium other than cash. The reasonable cash value must be reported as wages by both employers and claimants for purposes of this chapter.

(2) The department determines the cash value of room and board, unless the employment contract sets the value at an amount equal to or greater than the amounts established in this rule. Room and board has at least the following cash value:

(a) full room and board, weekly $130

(b) meals, per week 60

(d) room, per week 70

(3) The cash value of all other types of non-cash payments is the market value of the item or service received.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-1103, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.405 Reasonable Wages

(1) A business filing income taxes as a corporation shall accurately report compensation for services performed by a corporate officer, LLC member or manager, or shareholder employee as wages for the purpose of unemployment insurance taxation.

(2) The department will consider time devoted to the business, position and responsibility, similar employments, and any other reasonably related factors to determine whether a corporate officer, LLC member or manager, or shareholder employee receives reasonable wages. To the extent feasible and practicable, the department will rely on applicable considerations for Internal Revenue Service determinations of reasonable compensation.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-203, 39-51-602, 39-51-603, 39-51-1103, 39-51-1108, MCA
History: NEW, 2011 MAR p. 573, Eff. 4/15/11; TRANS and AMD, from 24.11.2506, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.409 Rental of Equipment or Capital Assets--Not Wages

(1) Payments made by the employer to the employee for rental of equipment or capital assets owned by the employee are not wages if:

(a) the equipment is necessary for the employee to perform the job;

(b) the employment contract or the entity's records provide for such payments;

(d) the reimbursement does not replace the customary wage for the occupation.

(2) The actual expenses incurred by the employee may be considered reasonable rental fees if the employer's records show:

(a) the initial cost;

(b) depreciation; and

(3) With respect to equipment or capital assets, other than vehicles, the employer may pay an allowance not greater than the reasonable rental value for that equipment.

(4) For individuals involved in timber falling, the reasonable rental value may not exceed $22.50 per working day for chainsaw and related timber falling expense.

(5) With respect to heavy equipment, including but not limited to semi-tractors or bulldozers, the reasonable rental value may not exceed 75% of the employee's gross remuneration.

(6) Passenger vehicle expenses may be reimbursed either on the basis of actual receipts or upon mileage, at a rate no greater than that allowed by the Internal Revenue Service for that year, provided that the individual actually furnishes the vehicle.

(7) Hand tools customarily used in the employee's trade have no rental value for purposes of this rule. Any rental payments made with respect to these items are considered wages.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-1103, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1993 MAR p. 13, Eff. 12/25/92; TRANS, from 24.11.813 and AMD, 2004 MAR p. 2808, Eff. 11/19/04; AMD, 2014 MAR p. 593, Eff. 3/28/14; TRANS and AMD, from 24.11.2504, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.411 Payments That Are Not Wages – Employee Expenses, Juror Fees, Director's Fees, and Military Differential Pay

(1) Employer payments to reimburse an employee for business expenses incurred during the course and scope of employment are not wages if the reimbursement amount:

(a) is entered separately in the employer's records;

(b) is not deducted from or based on a percentage of the employee's wage; and

(2) Employer reimbursement of employee expenses must be based on:

(a) actual cost for lodging, goods, or services, supported by receipts;

(b) a flat rate for meals and incidentals not exceeding the per diem allowed by the Internal Revenue Service for the year, unless the employer has a documented higher rate of reimbursement; or

(c) when an employee-furnished vehicle is used, a mileage rate no greater than that allowed by the Internal Revenue Service for that year.

(3) Expense reimbursements, fees, meals, or other payments provided to a juror by a court are not wages.

(4) Customary and reasonable director's fees for attending meetings of the board of directors of a corporation are not wages, if the fees are not paid in lieu of reasonable compensation for services performed.

(5) Payments made by an employer to an employee who is called to active duty in the military services for more than 30 days, when the payments represent a replacement of part or all the wages the employee would have received for performing services for the employer, to be military differential pay and not wages for purposes of Title 39, chapter 51, MCA.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-1103, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.40.5 Employee Status

Mont. Admin. R. 24.40.501 Employee Status – Determination of Independent Contractors – Department Procedures

(1) The department applies the requirements set out in ARM Title 24, chapter 35, to make initial determinations regarding employment status.

(2) After investigation, the department may issue an initial written determination on whether an individual is an independent contractor. Any person or employing unit aggrieved by this initial determination may request investigation and a decision by the department's compliance and investigations bureau pursuant to ARM Title 24, chapter 35, subchapters 2 and 3, within ten days of notice of the initial determination.

(a) A party is considered to have been given notice on the date a written notice is served or three days after a written notice is mailed to the party.

(b) The time limits set forth above may be extended for good cause as provided in 39-51-2402, MCA.

(3) Thereafter, the process set out in ARM Title 24, chapter 35, subchapters 2 and 3 controls.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-204, 39-51-1109, 39-51-2402, 39-71-418, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1996 MAR p. 1667, Eff. 7/1/96; TRANS, from 24.11.820, 2004 MAR p. 2808, Eff. 11/19/04; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2022 MAR p. 284, Eff. 2/26/22; TRANS and AMD, from 24.11.2407, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.503 Status of Certain Personal Assistants

(1) A person with a disability who receives services of a personal assistant or an immediately involved representative of the disabled person, such as a parent or guardian, is not the employer of the personal service assistant despite the exercise of control over the selection, management and supervision of the personal assistant if:

(a) the personal assistant is providing services to the disabled person pursuant to 53-6-145 , MCA, and rules adopted by the department of public health and human services implementing that statute; and

History

Authorizing statute(s): 39-51-301, 39-51-302, 53-6-145, MCA
Implementing statute(s): 53-6-145, MCA
History: NEW, 2004 MAR p. 2808, Eff. 11/19/04; TRANS, from 24.11.2405, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.40.6 Separation From Employment

Mont. Admin. R. 24.40.601 Six-Week Rule

(1) The department investigates each separation from insured employment that occurred during the six weeks immediately before the effective date of an initial or an additional claim. The department shall adjudicate all separations that occurred during the six-week period except:

(a) when the claimant separated from insured employment with the same employer more than once, the department shall adjudicate only the last separation involving that employer; or

(b) when the claimant is being paid their regular wages during an administrative leave.

(2) If the claimant did not separate from insured employment during the six-week period, the department shall investigate and adjudicate the claimant's most recent separation from insured employment that occurred before the six weeks immediately preceding the effective date of the claim.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2301, 39-51-2302, 39-51-2303, 39-51-2304, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1990 MAR p. 2181, Eff. 12/14/90; AMD, 1992 MAR p. 803, Eff. 4/17/92; AMD, 1994 MAR p. 2835, Eff. 10/30/94; AMD, 2000 MAR p. 3539, Eff. 12/31/00; AMD, 2006 MAR p. 916, Eff. 4/7/06; AMD, 2014 MAR p. 593, Eff. 3/28/14; AMD, 2018 MAR p. 638, Eff. 4/1/18; TRANS and AMD, from 24.11.451, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.603 Leaving Work

(1) Following a claimant's notice of intent to leave work, the department shall determine the reason for the separation in the following manner.

(a) If a claimant's notice of intent to leave work is valid, the department shall consider the claimant to have left employment voluntarily as of the date identified by the valid notice.

(b) If a claimant attempts to retract a valid notice of intent to leave work and the employer does not accept the retraction, the department shall consider the claimant to have voluntarily left employment.

(2) If a claimant's notice of intent to leave work was not valid, the department shall consider the claimant to have been discharged by the employer.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2302, 39-51-2303, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.605 Discharge by Employer

(1) Following an employer's notice of intent to discharge a claimant, the department shall determine the reason for the separation in the following manner:

(a) when an employer's notice of discharge is valid, the department shall consider the claimant to have been discharged, regardless of whether the claimant left employment voluntarily prior to the intended date of termination; or

(b) when an employer attempts to retract a valid notice of termination and the claimant does not accept the retraction, the department shall consider the claimant to have been discharged.

(2) When an employer's notice of discharge is not valid and the claimant left solely in response to the invalid notice, the department shall consider the claimant to have left employment voluntarily.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2302, 39-51-2303, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.609 Constructive Quit – Leaving Work

(1) A claimant is considered to have constructively quit employment:

(a) when an employer discharges a claimant for an act or omission that made it impracticable for the employer to utilize the claimant's services and the claimant knew or should have known that the act or omission would jeopardize the claimant's job and likely result in discharge; or

(b) when the claimant fails to meet specified conditions of employment, which may include but are not limited to:

(i) failure to meet license or permit requirements for employment; or

(ii) failure to maintain insurability.

(2) An employee who constructively quit employment initiated the separation and left work.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2302, 39-51-2303, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.611 Layoff of Temporary Employment – Voluntary Layoff

(1) When a claimant and an employer agree to temporary employment, the department shall consider the claimant to have been laid off due to lack of work when:

(a) the claimant completes the assigned work;

(b) a previously agreed upon verbal or written contract ends;

(c) the employer no longer has the same hours, wages, terms of employment, and working conditions available to the claimant; or

(d) the claimant has been hired by a client company of the employer as a result of a verbal or written employment agreement.

(2) When a claimant volunteers to be laid off from employment, the claimant is considered to be laid off for lack of work when:

(a) the employer has a written workforce reduction plan or policy that allows an employee to volunteer to be laid off due to a lack of work;

(b) the layoff is due to a lack of work; and

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2302, 39-51-2303, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.615 Leaving Work with or Without Good Cause Attributable to the Employment

(1) The department shall determine a claimant left work with good cause attributable to employment when:

(a) the claimant had compelling reasons arising from the work environment that caused the claimant to leave; and the claimant:

(i) attempted to correct the problem(s) in the work environment; and

(ii) informed the employer of the problem(s) and gave the employer reasonable opportunity to correct the problem(s);

(b) the claimant left work that the department determines is no longer suitable work pursuant to ARM 24.40.925; or

(2) The term "compelling reasons" as used in this rule includes but is not limited to:

(a) undue risk, as compared to work in similar occupations or industries, of injury, illness, physical impairment, or reasonably foreseeable risks to the claimant's morals;

(b) unreasonable actions by the employer concerning hours, wages, terms of employment or working conditions, including, but not limited to, reductions of 20 percent or more in the customary wages or hours;

(c) a condition underlying a workers' compensation or occupational disease claim for which liability has been accepted by a workers' compensation insurer.

(i) If the workers' compensation insurer has not accepted liability for the condition, the department shall independently evaluate the condition to determine whether the condition appears to result from the employment.

(ii) If, after evaluation, the department determines by a preponderance of the evidence that the condition is employment related, the department shall consider the condition to provide a compelling reason for leaving work; or

(d) unreasonable rules or discipline by the employer so severe as to constitute harassment.

(3) The claimant has the burden of proving their separation from employment was for good cause attributable to their employment.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2302, 39-51-2304, 39-51-2307, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1990 MAR p. 2181, Eff. 12/14/90; AMD, 1994 MAR p. 2835, Eff. 10/30/94; AMD, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2007 MAR p. 1669, Eff. 10/26/07; AMD, 2011 MAR p. 573, Eff. 5/29/11; AMD, 2013 MAR p. 413, Eff. 3/29/13; AMD, 2018 MAR p. 638, Eff. 4/1/18; TRANS and AMD, from 24.11.457, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.617 Discharge for Misconduct

(1) The employer has the burden of proving that an employee was discharged for misconduct, as defined in 39-51-201 and 39-51-2303, MCA.

(2) A determination of misconduct must be supported by substantial evidence in the record. Substantial evidence is admissible, reliable evidence that a reasonable person would take as true in the normal course of events.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-2303, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.619 Off-Duty Conduct as Misconduct

(1) "Off-duty" conduct may constitute misconduct if it meets the criteria in 39-51-201, MCA, and the employer shows by a preponderance of the evidence that such conduct:

(a) significantly and adversely affects the claimant's ability and capacity to perform job duties; and

(b) significantly and adversely affects the employer's business to a substantial degree.

(2) The connection between the misconduct and its effect on the employer's business must be reasonable and discernible. Speculation as to adverse effect upon the employer's business is not sufficient.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-2303, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 2012 MAR p. 1040, Eff. 5/25/12; TRANS and AMD, from 24.11.462, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.623 Effective Date of Separation from Employment

(1) Except as provided in (2), an eligibility determination for a claimant leaving employment or a claimant's discharge is effective on the Sunday of the week of the last date of employment.

(2) If the separating action occurs after the last date of employment but before the next regularly scheduled shift, the separation is effective the latest of the following dates:

(a) the week of the separating act;

(b) the week the claim was filed or reactivated; or

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2101, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.40.8 Claims for Benefits

Mont. Admin. R. 24.40.801 Claims for Benefits

(1) A claimant must file an initial claim by using the online portal, or by calling the department to request filing assistance. The claimant shall provide all information requested by the department for proper claim administration. The information required from the claimant includes, but is not limited to:

(a) the claimant's name, physical address, mailing address, and demographic data;

(b) the claimant's social security number;

(d) whether the claimant has an existing claim in the current benefit year under any state or federal unemployment insurance or unemployment compensation law;

(e) whether the claimant is totally unemployed;

(f) whether the claimant is able to work, available for work, and seeking work; and

(g) the names and addresses of all employers the claimant worked for in the most recent 18 months, the beginning and ending dates of the employment for each employer, and the reasons for the claimant's separation from employment with each employer.

(2) The department may require the claimant to provide verification, written or otherwise, of any information the claimant provided or that was requested from the claimant in connection to the claim.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2101, 39-51-2102, 39-51-2103, 39-51-2104, 39-51-2105, 39-51-2106, 39-51-2107, 39-51-2108, 39-51-2109, 39 51 2110, 39-51-2401, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.803 Effective Date, Backdating, and Cancellation of Claim

(1) A claim is effective on the Sunday of the week in which the claim is filed and remains in effect until:

(a) the end of the benefit year; or

(b) the claim is cancelled.

(2) A claimant may request cancellation of a claim within ten days after the date of an initial or revised monetary determination. A cancellation request may be done through the online portal or by mail.

(3) The department may backdate a claim or grant a late request to cancel a claim if the claimant shows good cause for the delay in filing the claim or requesting cancellation.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-2101, 39-51-2102, 39-51-2104, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.805 Claimant Agent Designation

(1) A claimant may designate another person to serve as the claimant's agent and handle the claim on the claimant's behalf. To designate an agent, a claimant must complete an agent designation form either through the online portal or by contacting the department by mail or phone to request a form. The agent designation form specifies the limits of the agent's authority and the time period covered by the designation.

(2) Unless the claimant indicates otherwise on the agent designation form, the agent may do the following on behalf of the claimant:

(a) file a new claim, reactivate an inactive claim, or file a continued claim;

(b) provide information to the department and respond to department requests for information; and

(3) Claimant may change, revoke, or renew the agent's designation at any time by notifying the department in writing either through the online portal or through the mail.

(4) An agent designation expires after one year from the date of the designation or when a new claim is filed, whichever occurs first.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-3201, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24

Mont. Admin. R. 24.40.809 Initial Monetary Determination

(1) After filing an initial claim, a claimant will receive an initial monetary determination stating whether the claimant has sufficient wages to qualify for benefits.

(2) The initial monetary determination informs the claimant of the department's records from base period employers used to calculate the claimant's benefit amount, and the effective date of the claim.

(3) If a claimant's wage records have not been received, and the claimant was employed by an insured employer, the claimant may support their claimed wages by providing an affidavit and documentation establishing the amount of base period wages as follows:

(a) unpaid wages may be considered if the claimant completes a signed, dated, and notarized affidavit stating the following:

(i) the name and address of any employer from whom wages are due;

(ii) the amount of unpaid wages; and

(iii) the reasons why the wages have not been paid; and

(b) the claimant provides at least one of the following documents to show unpaid wages:

(i) a W-2 or 1099 form as required by the Internal Revenue Service;

(ii) a signed statement from the employer affirming the truth of the claimant's affidavit;

(iii) a copy of the employer's schedule of assets and liabilities filed in a bankruptcy proceeding showing the unpaid wage claim;

(iv) a copy of the claimant's wage claim filed with the department, if the department has not dismissed the wage claim; or

(v) a copy of a decision of the department or a court of competent jurisdiction stating that the wages are owed the claimant.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2105, 39-51-2201, 39-51-2202, 39-51-2203, 39-51-2204, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.811 Base Period Wage Calculation

(1) A claimant's base period wages are the wages earned from a base period employer prior to the claimant's period of unemployment. A claimant's base period wages are used to calculate the claimant's benefit amount.

(a) For the purposes of this rule, base period wages are deemed to be "used" when the base period wages are:

(i) part of the calculation that establishes the monetary amount of benefits payable on the claim;

(ii) the basis for establishing the claim's benefit year; and

(iii) a sufficient amount to qualify the claimant for benefits, if the claimant is otherwise eligible to receive benefits with respect to that claim.

(b) Base period wages used to establish a monetary determination and a benefit year in any state, including Montana, may not be:

(i) used by this state to establish a second or subsequent monetary determination and benefit year; or

(ii) transferred by this state to another state for the purpose of combining wages and employers as provided by 39-51-504, MCA.

(2) The department shall consider the following payments as wages and assign the following payments to the following periods:

(a) Payments made for termination of insured employment generally known or described as severance pay, separation pay, termination pay, wages in lieu of notice, continuation of wages for a designated period of time following cessation of employment, or other similar payment, and payments made under an incentive, employee buy-out, or similar plan designed to produce a general or specific reduction in force by inducing employees to leave voluntarily or in lieu of involuntary termination, whether paid in a lump sum or incrementally over any period of time, are attributable to the quarter in which the separation from employment occurred.

(b) Accrued vacation and sick leave paid at or after separation, other than a temporary layoff, are attributable to the quarter in which the separation from employment occurred.

(c) Bonuses, awards, incentives, rewards, profit sharing, and stocks are attributable to the quarter the payment was issued.

(d) Holiday pay is attributable to the quarter the payment was issued.

(e) Payments received for accrued unused vacation, sick leave, compensatory time, or other similar leave when separation has not occurred or during periods of temporary layoff are attributable to the quarter in which the payment was issued. These payments are sometimes also known as a "cash-out" of leave benefits.

(f) Backpay and settlements, in all cases, will be prorated back over the time the payment represents. Only the portion of the payment that is wages which would have been earned, or wages earned and not paid, will be applied to weeks claimed and quarterly wages.

(g) Use of vacation or sick leave, compensatory time, or other similar leave paid during the course of insured employment, including periods of temporary layoff, for time off from employment for vacation, whether voluntary or mandated, sick leave, or other leave with pay is attributable to the quarter the payment was issued.

(h) Royalties, residual payments, and commissions are attributable to the quarter in which the payment was issued.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2105, 39-51-2201, 39-51-2202, 39-51-2203, 39-51-2204, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.813 Weekly Payment Requests

(1) In order to receive benefit payments, a claimant must file weekly payment requests using the online portal. If the claimant is unable to file online, the claimant may contact the department to request and file weekly payment requests by mail.

(2) Weekly payment requests are timely if the request is filed after the week claimed, and before midnight of the Saturday 28 calendar days later. Claimants shall file payment requests in chronological order, starting with the oldest week claimed and ending with the most-recent week claimed.

(3) A claimant must file timely weekly payment requests during the claim adjudication and appeal process to receive benefits or waiting period credit for the intervening week or weeks.

(4) A claimant must completely answer each question on the weekly payment request form and certify that the claimant's responses are true and accurate to the best of the claimant's knowledge.

(5) A claimant must report all hours worked for wages from all work for each week the claimant requests benefit payments. Hours shall be reported for the week the work was performed. A claimant must also report any hours claimed for pay in lieu of work such as holiday pay, or use of vacation, sick, or other paid leave, regardless of whether the use of leave was voluntary or mandatory.

(6) A claimant must report all gross wages earned from all work for each week the claimant requests benefit payments. Gross wages include payment or hours worked or pay in lieu of work such as holiday pay, or use of vacation, sick, or other paid leave, regardless of whether that use was voluntary or mandatory.

(a) Termination pay must be reported as wages for the week in which the termination occurred.

(b) The following payments from an employer must be reported as wages for the week in which the payment was issued:

(i) A bonus, award, incentive, reward, or profit sharing, whether in cash or in the form of securities;

(ii) Accrued unused vacation, sick leave, or other leave without a termination from employment, commonly referred to as a "cash-out" of accrued leave;

(iii) A royalty or residual payment, or payment for a commission;

(c) Payment is issued on the date printed on a physical check, the date of release of electronic funds transfer, or the date cash was tendered. The department may allow up to 14 calendar days for reporting discrepancies.

(7) The department may allow a late payment request if the claimant shows good cause for the late filing. If the department determines that the claimant did not have good cause for the delay in filing, benefits or waiting week credit must be denied, and the claimant may be required to reactivate the claim as provided in ARM 24.40.841.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, Title 39, chapter 51, parts 21 through 23, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-29, Eff. 7/1/25.

Mont. Admin. R. 24.40.819 Reemployment Services – Notice – Appointments

(1) The department may identify individual claimants for participation in reemployment services programs. Claimants identified by the department must participate in an appointment with a designated employment services provider to assess the claimant’s individual needs. The department shall send the claimant notice of the scheduled appointment.

(2) The department may deny benefits if a claimant fails to participate in the reemployment services program, which failure includes but is not limited to the following:

(a) failure to attend a scheduled appointment with employment services;

(b) failure to notify the employment service provider of the claimant’s need to reschedule an appointment; or

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2104, MCA
History: NEW, 2025 MAR, Notice No. 2025-29, Eff. 7/1/25.

Mont. Admin. R. 24.40.821 Work Registration and Exceptions

(1) Registration exceptions may be granted to individuals or groups if the department finds the exception to be consistent with the purpose of the unemployment insurance program. Registration exceptions cannot be granted if prohibited by state or federal laws governing certain unemployment insurance programs.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2104, MCA
History: NEW, 2006 MAR p. 916, Eff. 4/7/06; TRANS and AMD, from 24.11.447, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.823 Work Search Contacts

(1) A valid work search contact requires a claimant to directly contact an insured employer, or an authorized agent of an insured employer, and complete a job application or submit a resume that enables the insured employer to contact the claimant to arrange an interview or to commence insured employment. The claimant must possess the prior work experience, knowledge, skills, and abilities to qualify for the specific job opening.

(2) A valid work search contact includes a claimant's registration for work at a temporary employment agency.

(3) A valid work search does not include seeking self-employment, working as an independent contractor, reporting part-time work, or registering with the department's workforce services program.

(4) A claimant shall report at least one valid work search contact with a different insured employer, or for a different position with the same insured employer, for each consecutive week that the claimant requests benefit payments.

(5) The claimant shall retain all work search contact information necessary for verification by the department. The department may request all information relevant to the work search contact.

(6) Claimants who are job attached or union attached may be exempt from work search contact requirements as determined by the department.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2104, 39-51-2115, 39-51-2304, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-29, Eff. 7/1/25.

Mont. Admin. R. 24.40.831 Determinations of Benefit Eligibility and Qualification

(1) In addition to the determination issued under ARM 24.40.809, the department shall adjudicate each issue affecting a claimant's eligibility and qualification for benefits. Issues subject to adjudication include initial eligibility issues and any issues that arise during the period of benefit payments. The department shall issue a written decision for each individual issue affecting the claimant's benefits.

(2) When the department identifies an issue that requires adjudication, including when the information provided by the claimant and employer differs substantially regarding claimant's eligibility for benefits, the department shall investigate and adjudicate the claim as follows:

(a) The department shall promptly request information from the claimant, the employer, and any other sources of relevant information within eight days pursuant to ARM 24.40.105.

(b) The department shall allow the claimant to review and respond to the information obtained by the department and to submit any rebuttal evidence.

(c) If the claimant fails to provide the requested information within the time period designated by the department, the department may make an adverse ruling against the claimant, including a determination that the claimant is unavailable for work as provided in 39-51-2104, MCA.

(d) If the employer fails to provide information within the time period, the employer may be subject to ARM 24.40.111.

(3) If a claimant is determined ineligible or disqualified for benefits due to an act or circumstance that occurred prior to the effective date of an initial, additional, or reopened claim, the claimant is deemed ineligible or disqualified for benefits as of the date of the act or circumstances that caused the ineligibility or disqualification.

(4) If a claimant is determined to have failed the requirements of benefit eligibility due to an act or circumstance that occurred during the benefit period of a prior or current claim, the claimant is deemed ineligible or disqualified for benefits as of the Sunday of the week the act or circumstance resulting in ineligibility or disqualification occurred.

(5) A claimant who is determined to be ineligible or disqualified for benefits may be required to pay back any benefits received after the date the claimant was determined to be ineligible or disqualified for benefits.

(6) The department shall provide written notice of a determination to all interested parties.

(7) An interested party who disagrees with a department determination on any issue may request redetermination under ARM 24.40.833, or request a hearing under ARM 24.40.201.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-605, 39-51-2301, 39-51-2302, 39-51-2303, 39-51-2304, 39-51-2402, 39-51-2507, 39-51-2508, 39-51-2511, 39-51-2602, 39-51-3201, 39-51-3202, 39-51-3206, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-29, Eff. 7/1/25.

Mont. Admin. R. 24.40.833 Redetermination

(1) An interested party may request redetermination of a department determination by submitting a request for redetermination to the department. The request for redetermination must include additional information the party wishes the department to consider.

(2) The deadline for an interested party to file a request for redetermination is within 10 days of the date of the department’s determination. If an interested party’s deadline to file a request for redetermination falls on a weekend or holiday, the deadline is extended to the next business day.

(3) The day the interested party files the request for redetermination with the department is the appeal date. A request for redetermination is filed with the department on the day it is requested via the online portal, requested via phone, postmarked for mail delivery, or delivered to the department in person. If no postmark is available to determine the appeal date, the date on the request for redetermination is the appeal date. If no postmark or date is available for the request for redetermination, the department shall consider one day before receipt of the request for redetermination as the appeal date.

(4) The department may extend an interested party’s deadline for filing a request for redetermination if the interested party shows good cause for the delayed filing.

(5) The department shall provide any additional relevant information to all interested parties and allow the interested parties to review, respond, and submit rebuttal evidence, if any, within eight days of the department's request for rebuttal.

(6) The department shall provide notice of the redetermination to all interested parties.

(7) An interested party who disagrees with the department’s redetermination may file a request for hearing pursuant to ARM 24.40.201.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-605, 39-51-2402, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-29, Eff. 7/1/25.

Mont. Admin. R. 24.40.835 Department Redetermination of Benefit Requalification or Restored Eligibility – Time Limit

(1) The department may, in its sole discretion, make a redetermination of a claimant's disqualification for benefits under 39-51-2302, 39-51-2303, or 39-51-2304, MCA, or ineligibility under 39-51-2104, MCA, for up to two years after the date of the original determination.

(2) The department shall consider all new or discovered information to make the redetermination.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-605, 39-51-2402, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.841 Inactive Claims--Reactivating a Claim

(1) A claim for benefits becomes inactive if a claimant does not request benefit payments for four consecutive weeks. If a claim remains inactive after the end of the claim's benefit year, the claimant must file a new claim for benefits.

(2) A claimant may reactivate a claim during the claim's benefit year by:

(a) calling the department and requesting that the claim be reactivated; or

(b) accessing the department's online portal and following the instructions to reactivate the claim.

(3) To reactivate a claim, a claimant must provide any information relevant to claim qualifications or eligibility, including any separation from insured employment.

(4) A reactivated claim is effective on the Sunday of the calendar week in which the claimant reactivates the claim.

(5) The department may backdate a reactivated claim if the claimant shows good cause for the delay in reactivating the claim.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2103, 39-51-2104, 39-51-2401, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.40.9 Circumstances Affecting Benefit Eligibility and Qualifications

Mont. Admin. R. 24.40.901 Claimant's Failure to Update Mailing Address

(1) The department may determine a claimant to be ineligible for benefits when a claimant fails to provide the department with an updated mailing address within three days of a change to the claimant's mailing address.

(2) The department shall reinstate the claimant's benefit eligibility upon a receipt of an updated mailing address if the claimant is otherwise eligible for benefits.

(3) The benefit eligibility may be backdated if the claimant shows good cause for the delay in updating the mailing address.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2104, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.903 Approval of Training by the Department

(1) The department shall consider the curriculum, facilities, staff, and other essentials necessary to insure that a training program has the capacity to achieve the training program's objectives, including appropriate standards and practices regarding satisfactory attendance and performance of trainees. State-approved training programs may include, but are not limited to, the following:

(a) job search workshops;

(b) vocational or technical training, including basic education required as a prerequisite to such training;

(d) job training programs authorized under the Workforce Innovation and Opportunity Act;

(e) training programs designed to upgrade claimant's skills to meet technological or other advances in the claimant's occupational field; or

(f) training programs designed to improve claimant's employability by enhancing claimant's aptitudes or skills for an in-demand occupation.

(2) The department shall consider the following criteria when determining claimant's qualification for training benefits:

(a) claimant's basic work skills, the lack of which may be demonstrated by a history of repeated periods of unemployment;

(b) claimant's history of recent employment that paid federal or state minimum wage;

(c) claimant's lack of formal vocational training or lack of a marketable degree from an educational institution of higher learning;

(d) the diminished value of claimant's skills in the labor market due to changes in technology or major reductions in the industry in which claimant was employed;

(e) claimant's inability to work in the claimant's customary occupation due to documented, long-term physical or mental disabilities;

(f) claimant's reasonable expectation that training will result in higher wages and more secure employment; and

(g) claimant's reasonable expectation for successful completion of the training program, as demonstrated by:

(i) claimant's interest in and aptitude for the course of study to be pursued; and

(ii) claimant's willingness to commit sufficient time to ensure completion of the training.

(3) For up to 30 days prior to the start of a state-approved training program, the department shall consider a claimant to be in training after the department approves the training application, even though training may not have started.

(4) Upon the department's written approval of a claimant for a state-approved training program, the department shall notify the claimant of the availability of additional training benefits.

(5) A claimant in good standing in a state-approved training program may apply to the department for additional training benefits.

(a) Additional training benefits may be paid during break periods of less than 30 days, and weeks including at least one day of training.

(b) Additional training benefits may not exceed an amount equal to 24 times the claimant's regular weekly benefit amount.

(i) the claimant completes the training program;

(ii) the claimant exhausts the maximum additional training benefits payable;

(iii) the claimant leaves or is expelled from the training program; or

(iv) the claimant becomes eligible to file a new, regular unemployment benefits claim at the end of the benefit year.

(6) The department shall not charge an experience-rated employer's account, as defined by 39-51-1214, MCA, for benefits paid to a claimant who is qualified to receive benefits under this rule.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2116, 39-51-2307, 39-51-2401, MCA
History: Eff. 12/31/72; AMD, 1988 MAR p. 2723, Eff. 1/1/89; TRANS, from ARM 24.11.412, Eff. 1/1/89; AMD, 1992 MAR p. 2076, Eff. 9/11/92; AMD, 2011 MAR p. 573, Eff. 5/29/11; AMD, 2013 MAR p. 413, Eff. 3/29/13; AMD, 2016 MAR p. 2058, Eff. 11/11/16; TRANS and AMD, from 24.11.475, 2024 MAR p. 1458, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-29, Eff. 7/1/25.

Mont. Admin. R. 24.40.907 Foreign Travel

(1) The department may deny benefits if the claimant is residing in or is traveling to or in a foreign country.

(2) The department may allow benefits to be paid to a claimant who resides in or travels to a country that has executed a reciprocal agreement with the United States government regarding unemployment insurance.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-504, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.909 Self-Employment

(1) The department may determine a claimant who is engaged in self-employment to be eligible for benefits when the claimant is able, available for, and actively seeking suitable insured employment and is willing to accept an offer of or a referral to suitable insured employment, even if acceptance of the offer of work would require the claimant to forgo all or a part of the self-employment venture.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2101, 39-51-2115, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1992 MAR p. 803, Eff. 4/17/92; AMD, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2011 MAR p. 573, Eff. 5/29/11; TRANS and AMD, from 24.11.458, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.911 Lie Detector Tests-Drug and Alcohol Testing

(1) A claimant will not be disqualified for benefits under this chapter solely for the reason that the claimant is denied employment or continuation of employment for refusing to submit to a polygraph test or any form of a mechanical lie detector test, or on the basis of the results of any such test.

(2) An individual disqualified for benefits based on 39-51-2303(3), MCA remains disqualified until the individual has performed services:

(a) for which remuneration is received equal to or in excess of eight times the individual's weekly benefit amount subsequent to the week in which the act causing the disqualification occurred; and

(b) that constitute employment as defined in 39-51-203 and 39-51-204, MCA.

(3) For the purposes of the Workforce Drug and Alcohol Testing Act, an unemployment insurance benefits hearing is a legal action in which the results of a drug or alcohol test may be introduced, provided that the results and testimony about the results are protected from public disclosure.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2303, 39-51-2304, MCA
History: NEW, 1990 MAR p. 2181, Eff. 12/14/90; AMD, 1994 MAR p. 2835, Eff. 10/30/94; AMD, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2016 MAR p. 2058, Eff. 11/11/16; AMD, 2021 MAR p. 1404, Eff. 10/23/21; TRANS and AMD, from 24.11.463, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.915 Services in Educational Institutions

(1) Individuals who perform services for an academic institution in an instructional, research, or principal administrative capacity include the following:

(a) Individuals in an instructional capacity include teachers in formal classrooms and seminars, tutors, and those who direct or assist students in research and learning.

(b) Individuals in a research capacity include those who direct a research project and those staff directly engaged in gathering, correlating, and evaluating information and making findings.

(c) Individuals in a principal administrative capacity include school principals, school superintendents, officers of the institution, the board of directors, business managers, deans, associate deans, university public relations directors, comptrollers, development officers, chief librarians, registrars, and any individuals who, although they may lack official titles, actually serve in a principal administrative capacity.

(2) "Reasonable assurance" means that there is a written, oral, or implied agreement that the individual will perform services in the same capacity in the next academic year or term.

(3) An individual who performed services in the first academic year or term has reasonable assurance if the educational institution gave the individual a bona fide offer of the same job in the same capacity for the next academic year or term, whether or not the individual accepts the bona fide offer.

(4) An individual who performed services in the first of any two academic years or terms for an educational institution has reasonable assurance of performing services in the same capacity in the second academic year or term, regardless of the following:

(a) the individual is required to reapply for a position;

(b) the individual has advised the institution of the individual's intention not to return to employment in the subsequent academic year or term; or

(c) the educational institution has advised the individual or the department that employment in the next academic year or term is contingent upon adequate funding or enrollment.

(5) An individual does not have reasonable assurances in the following circumstances:

(a) if the economic terms and conditions are substantially less than the economic terms and conditions of the job in the previous academic year or term; or

(b) if an educational institution advised the individual or the department that employment in the next academic year or term is contingent upon adequate funding or enrollment; and

(i) the individual has been given unequivocal notice that the individual will not be rehired for the subsequent academic year or term;

(ii) the department determines that there is not a pattern, either as to the particular individual or as to the class of employees to which the individual belongs, of such notice being followed by subsequent reemployment by the educational institution; and

(iii) the department determines that there is not substantial evidence of a continuing employment relationship between the individual and the educational institution during the period between the first and next academic years or terms, including but not limited to, the continuance of employee benefits during the period.

(6) If the department determined that an individual did not have reasonable assurances, and the individual was later given reasonable assurances, any benefits that were paid to the individual based on the initial determination of no reasonable assurances shall cease starting on the date the individual received reasonable assurances.

(7) If the department determined that an individual had reasonable assurances, but the individual continues to be unemployed when the academic year or term begins, the individual may be allowed benefits:

(a) from the date the offer of employment was withdrawn; or

(b) from the date the claimant was given reasonable assurance if it is determined that the original offer of employment was not a bona fide offer.

(8) Individuals at educational institutions or educational service agencies who are customarily employed for the educational institution or educational service agency during the period between academic years or terms or during customary vacation periods or holiday recesses within terms are not subject to the provisions of 39-51-2108, MCA.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2108, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.917 Disqualification Due to Strike

(1) For the purposes of 39-51-2305, MCA, and of this rule, the following definitions and interpretations apply:

(a) "Grade or class of workers" means:

(i) workers who are members of a particular bargaining unit; or

(ii) workers whose jobs are similar or integrated or who have substantial mutual interests or similarities in wages, hours, and other conditions of work.

(b) "Labor dispute" means any controversy concerning terms, tenure, or conditions of work or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of work, regardless of whether the disputants stand in the proximate relation of employer and employee.

(c) "Strike" means a concerted cessation of work by workers in an effort to obtain or to resist some change in conditions of work.

(2) A worker is participating in the labor dispute if the worker:

(a) is picketing, refusing to cross a picket line, or refusing to report for work; or

(b) is a member of a bargaining unit that voted to authorize the strike.

(3) A worker is financing the labor dispute if the worker, or the worker's union, has contributed time or money, directly or through a special assessment:

(a) to affect the outcome of the labor dispute;

(b) to further the objectives of the strike; or

(4) A worker is directly interested in the labor dispute if, immediately before the strike began, the worker:

(a) is of the same grade or class of workers as the workers participating in or financing the strike; and

(b) is employed at the same factory, establishment, or premises as the workers who are participating in or financing the strike.

(5) The factors enumerated in (2), (3), and (4) are not exhaustive. The department may consider factors not listed here to determine a worker's participation, financing, or direct interest in a labor dispute. The department's determination must be supported by a preponderance of the evidence and as a matter of law.

(6) If a state or federal agency, or court with jurisdiction, determines that the strike was based on the employer's unfair labor practice or other violation of law pertaining to hours, wages, or other conditions of work, a worker who was disqualified from benefits under this rule will become qualified on the Sunday of the week the determination of the employer's unlawful conduct is made.

(7) If no violation of law is found under (6), a worker who is disqualified from benefits under this rule will remain disqualified until the end of the week in which:

(a) the strike is abandoned, and the worker, or the worker's union, makes an unconditional offer to return to work; or

(b) there has been a complete and bona fide termination of the work relationship between the worker and the employer. The permanent replacement of a striking worker will be considered to constitute a complete and bona fide severance of the work relationship between the worker and the employer only upon a final determination by a state or federal agency or court with jurisdiction to make such a determination that the worker has no rights of reinstatement.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2305, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.919 Domestic Violence Ineligibility -- Requalification

(1) A claimant held ineligible for benefits under 39-51-2111, MCA, may requalify for benefits by immediately leaving the abusive situation.

(2) The department may accept information from the claimant or other agencies, such as law enforcement or domestic violence shelters, documenting that the claimant has left the abusive situation. Documentation may include any of the following:

(a) a statement by the claimant that they have ended the relationship and the furnishing of a new mailing address and the date of the move;

(b) documentation from a law enforcement agency that the abusive individual is incarcerated;

(d) other evidence, subject to verification by the department, establishing that the claimant has left the abusive situation.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2111, MCA
History: NEW, 2002 MAR p. 1665, Eff. 6/14/02; AMD, 2016 MAR p. 2058, Eff. 11/11/16. TRANS, from 24.11.469, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.921 Pension Benefit Reduction

(1) The department shall presume a claimant made no monetary contribution to claimant's pension plan. A claimant may overcome this presumption by providing written proof to the department demonstrating that the claimant made an actual monetary contribution to the pension plan. When a claimant made direct monetary contribution to the pension plan, the department shall not reduce a claimant's weekly unemployment benefit by the amount of the pension payment.

(2) Within eight days of claimant's receipt of correspondence from the pension plan administrator concerning claimant's pension entitlement or the amount of claimant's pension payments, claimant must provide the department with copies of the correspondence.

(3) Claimant's base period employer must promptly furnish information related to claimant's pension plan when requested by the claimant, claimant's representative, or the department.

(4) A claimant "constructively" receives a pension payment when:

(a) the claimant or another on behalf of the claimant files an application for pension payments; or

(b) the claimant receives notice from the pension plan administrator of claimant's entitlement to and the amount of pension payments.

(5) The department shall allocate the pension payment, which is actually or constructively received by a claimant, by attributing a fraction of the payment to each week in the following manner:

(a) amount of a monthly pension payment is multiplied by 12 (months) and the result is divided by 52 (weeks);

(b) amount of a quarterly pension payment is multiplied by 4 (quarters) and the result is divided by 52 (weeks); or

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2203, MCA
History: NEW, 2013 MAR p. 413, Eff. 3/29/13; TRANS and AMD, from 24.11.472, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.925 Work No Longer Suitable

(1) Suitable work for an individual may become unsuitable due to circumstances beyond the individual's or employer's control. When adjudicating a work refusal or separation from work, the department shall consider previously suitable work as not suitable when:

(a) an individual has made a good faith effort to comply with licensing requirements or governing regulations but has failed to pass the required course(s) or licensing exam; or

(b) an individual has submitted to the department an individualized determination of work unsuitability due to the individual's physical or mental disability, which is long-term, indefinite, or permanent, and is certified and signed by a health care provider.

(2) The individual bears the burden of proof that work is not suitable.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2104, 39-51-2304, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-29, Eff. 7/1/25.

Mont. Admin. R. 24.40.927 Suitable Work for Extended Benefits

(1) If the department determines that a claimant who has exhausted regular benefits has a reasonable chance of securing employment during the four weeks after regular benefits are exhausted, "suitable work" is defined by the requirements in 39-51-2304, MCA.

(2) If the department determines that a claimant who has exhausted regular benefits does not have a reasonable chance of securing employment in the four weeks after regular benefits are exhausted, "suitable work" for purposes of extended benefits is defined as the requirements in 39-51-2304, MCA, and the following criteria:

(a) the gross average weekly wages for the work exceeds the claimant's extended weekly benefit amount, plus the amount of any supplemental unemployment benefits (as defined in 26 U.S.C. 501(c)(17)(D), as amended);

(b) the position does not pay less than the higher of:

(i) the federal minimum wage (29 U.S.C. 206, as amended); or

(ii) any applicable state or local minimum wage; and,

(3) The department shall presume that a claimant does not have a reasonable chance of securing employment during the four weeks after regular benefits are exhausted. The department may change this presumption upon evidence of improved opportunities for employment.

(4) The department shall notify the claimant in writing of the determination of the claimant's reasonable chances of securing employment, and the department may change the determination if the department is provided with evidence of changed circumstances.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2508, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.40.11 Fraud, Penalties, and Benefit Overpayments

Mont. Admin. R. 24.40.1101 Fraud Determination - False Statement or Failure to Disclose

(1) If the department identifies information indicating possible fraud, meaning the department has reason to believe a claimant may have made a false statement or representation or failed to disclose a material fact in order to obtain or increase benefits, the department shall investigate and adjudicate the issue pursuant to the procedures in ARM 24.40.831. The department shall apply the specific analysis below in (2) or (3) and (4) and (5) to any determination of fraud.

(2) The department may, in its sole discretion, make a redetermination of fraud for up to three years after the date of the claimant's original determination.

(3) A claimant will be determined to have made a false statement or representation knowing it to be false to obtain or increase benefits upon a finding that:

(a) the claimant, or the claimant's agent, personally made the statement or representation in question;

(b) the claimant, or the claimant's agent, knew that the statement or representation was false; and

(c) the statement or representation was made in connection with the claimant's claim for benefits and was material to a determination of the claimant's benefit entitlement.

(4) A claimant will be determined to have knowingly failed to disclose a material fact to obtain or increase benefits upon a finding that:

(a) the claimant, or the claimant's agent, had knowledge of the fact in question;

(b) the fact in question was material to a determination of the claimant's benefit entitlement;

(d) the claimant, or the claimant's agent, knew that the fact in question was required to be disclosed to the department for the proper administration of the claim.

(5) A determination or decision finding fraud under (3) or (4) must be supported by a preponderance of the evidence and specifically cite the evidence in support of each subsection.

(6) A determination or decision finding fraud under (3) or (4) shall impose the appropriate administrative penalty pursuant to ARM 24.40.1103.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2402, 39-51-3201, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1103 Calculation of Administrative Penalty

(1) The number of weeks of disqualification imposed pursuant to a determination of fraud under ARM 24.40.1101, is determined as follows:

(a) for each week the department determined a claimant made a false statement or representation or failed to disclose a material fact not involving a separation from employment, two weeks of disqualification are imposed;

(b) for each week the department determined a claimant made a false statement or representation or failed to disclose a material fact, involving a separation from employment, six weeks of disqualification are imposed;

(c) an additional eight weeks of disqualification are imposed for each determination or decision, dated within three years of the date of the department's determination under (a) or (b), that imposed a disqualification for any number of weeks; and

(d) any weeks of disqualification imposed as provided in (a) and/or (b) must be imposed for each determination and served consecutively, not concurrently.

(2) A week is counted as a week of disqualification only if:

(a) the claimant has filed a weekly payment request for the week;

(b) the claimant is otherwise eligible for and qualified to receive benefits for the week;

(d) the maximum benefit amount for the benefit year in which the week begins has not been exhausted.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-3201, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1107 Notice of Benefit Overpayment

(1) If any decision results in a benefit overpayment, the department shall provide the claimant with separate notice of the amount of benefit overpayment.

(2) When the department determines a benefit overpayment occurred pursuant to a determination of fraud under ARM 24.40.1101, the department shall add a penalty to the benefit overpayment.

(3) The separate benefit overpayment notice may be appealed only to challenge the accuracy of the amount of the benefit overpayment.

(4) Any benefit overpayment must be repaid to the department, regardless of the cause of the benefit overpayment, unless the department waives recovery of the benefit overpayment under ARM 24.40.1109 or 24.40.1111.

(5) A benefit overpayment created when an interested party exercises their right to appeal a department determination or decision pursuant to these rules and Title 39, chapter 51, MCA, is a normal part of claim administration and is not eligible for a waiver.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-3206, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1109 Waiver of Overpayment Recovery

(1) Once a decision that resulted in a benefit overpayment becomes final, a claimant may request that the department waive recovery of the benefit overpayment by writing or calling the department to request assistance.

(2) The department must deny waiver of benefit overpayment recovery that resulted from fraud pursuant to ARM 24.40.1101, or if a claimant is at fault by concealing or misrepresenting material facts. A claimant concealed or misrepresented material facts for purposes of this rule, even if unintentionally, in circumstances including, but not limited to, the following:

(a) before benefits were paid, the claimant failed to report or misrepresented a fact or circumstance regarding benefit eligibility or qualification;

(b) the claimant failed to read or respond to the department's requests for information, questions, or other communications that were necessary to determine the claimant's eligibility and qualification for benefits;

(d) the claimant failed to report or incorrectly reported all hours and earnings from any insured employer during any week the claimant worked and requested benefits.

(3) The department may waive recovery of all or a portion of a benefit overpayment when a claimant meets the requirements of (1) and (2) and one or more of the following circumstances exist:

(a) benefit overpayment was the result of an incorrect monetary determination by the department due to minor errors in employer reporting;

(b) benefit overpayment resulted from department failure to consider relevant written documentation provided in a timely manner by a claimant, employer, or third party prior to the department's determination or redetermination;

(d) recovery of the benefit overpayment would cause a long-term financial hardship on the claimant pursuant to ARM 24.40.1111.

(4) Benefit overpayment does not constitute department error when the implementation of new state or federal law requires the department to revise a claimant's state benefit claim or monetary determination and to reduce or deny benefits retroactively.

(5) After consideration of a claimant's request for waiver, including a financial hardship waiver, the department shall notify the claimant of the waiver determination to grant or deny the request.

(6) Repayment of a benefit overpayment by offset of benefits shall continue until the department's waiver determination becomes final. If the waiver determination approves claimant's request for waiver, the department shall reimburse claimant for repayments collected after the date the claimant's written request for waiver was received by the department.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-3206, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1111 Financial Hardship Waiver of Overpayment Recovery

(1) In addition to the requirements for waiver in ARM 24.40.1109, a claimant may request the department waive recovery of the benefit overpayment based on the claimant's long-term financial hardship. The claimant may make the request using the online portal, or by calling the department to request a paper form.

(2) The claimant shall provide documentation of monthly household income, assets, and expenses as requested by the department. The department may request additional documentation or verification of any amounts or documents provided. The department may also disallow or adjust any claimed expenses that the department deems unreasonable.

(3) The department shall determine recovery of the benefit overpayment will cause a claimant long-term financial hardship when:

(a) the sum of the claimant's average monthly household cash flow and the net value of the claimant's household assets equals an amount less than the identified amount of the benefit overpayment; and

(b) no evidence demonstrates that the sum of claimant's average household monthly cash flow and net value of the claimant's household assets are likely to exceed the amount of the benefit overpayment within 12 months of the date of the claimant's request for waiver.

(4) If a claimant's request for waiver is denied, a claimant may submit a new request for waiver if the claimant's financial situation has significantly changed since the prior request was denied.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-3206, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.40.12 Interstate Claims and Interstate Overpayment Recovery

Mont. Admin. R. 24.40.1201 Adoption of Naswa Interstate Claim Processing Procedures

(1) Interstate claims are governed by the National Association of State Workforce Agencies (NASWA)'s Interstate Benefit Payment Plan of 1938, to which the department is a signatory, and the Interstate Arrangement for the Combining of Employment and Wages of 1971, 20 CFR § 616.

(2) NASWA maintains the Unemployment Insurance Interstate Connection Network (UI ICON) website so every state UI agency, including the department, can request and receive data for use in the filing and processing of combined wage claims, military, and federal claims. Each jurisdiction, including this state, is required to keep their jurisdiction's UI claim processing information current on the UI ICON website.

(3) Information for processing interstate claims is available on the NASWA website, or by contacting the department.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-504, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1203 Adoption of 2013 Interstate Reciprocal Overpayment Recovery Arrangement

(1) The department adopts by reference the National Association of State Workforce Agencies (NASWA) 2013 Interstate Reciprocal Overpayment Recovery Arrangement (IRORA), to which the department is a signatory, to govern the recovery of improper payments of state and federal unemployment insurance benefits. The department may recover improper benefit payments from individuals filing for benefits under the Interstate Benefit Payment Plan, the Interstate Arrangement for the Combining of Employment and Wages, or intrastate under any state's law.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-504, 39-51-3201, 39-51-3202, 39-51-3206, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.40.14 Employer Accounts

Mont. Admin. R. 24.40.1401 Establishing an Employer's Unemployment Insurance Account

(1) Every employer required to pay unemployment insurance tax must register for an employer account number on a form provided by the department. A new employer who has acquired the business of another employer must not use the predecessor's identification number.

(a) An employer is liable for reporting and paying unemployment insurance tax regardless of registration.

(2) Professional employer organizations licensed under Title 39, chapter 8, MCA, and temporary service contractors as defined in 39-71-116, MCA, must identify themselves when establishing an account.

History

Authorizing statute(s): 39-51-301 and 39-51-302, MCA
Implementing statute(s): 39-51-1101, MCA
History: NEW, 2004 MAR p. 2808, Eff. 11/19/04; TRANS and AMD, from 24.11.2005, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1403 Employer Entity Types

(1) An employer must identify the type of legal entity under which it operates.

(2) An employer that attempts to form or operate as an entity other than a sole proprietorship will not be treated as such until the employer complies with Montana law regarding creation and/or maintenance of that entity type.

(3) An employer that changes its legal entity type must promptly report to the department the date of the change and identify its new entity type.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-603, MCA
History: NEW, 2004 MAR p. 2808, Eff. 11/19/04; TRANS and AMD, from 24.11.2007, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1405 Closing an Employer Account

(1) An employer that ceases all employment and reports no wages to the department for eight consecutive calendar quarters is removed from the department's record of active employers.

(2) An employer that has notified the department it has ceased to employ is removed from the department's record of active employers.

(3) The quarterly report and payment for the final quarter wages as were paid must be filed with the department within 30 days if the employer:

(a) quits doing business;

(b) sells or transfers the business, or the major portion of the business assets; or

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-204, 39-51-603, 39-51-1101, 39-51-1102, 39-51-1103, MCA
History: NEW, 2004 MAR p. 2808, Eff. 11/19/04; TRANS and AMD, from 24.11.2015, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.40.15 Employer Charges and Tax Rates

Mont. Admin. R. 24.40.1501 Charging Benefit Payments to Experience-Rated Employers – Chargeable Employers

(1) If more than one separation of employment exists from the same base period employer, charges or relief of charges will be based on the reason for the most recent separation of employment occurring prior to the effective date of the claim. Any separation of employment occurring after the effective date of a claim will not result in relief of charges on that claim, but may on a subsequent claim, if the reason for separation of employment allows relief of charge.

(2) A claimant does not have reduced hours or wages if:

(a) the claimant performs work for the employer within seven days of the effective date of the claim;

(b) the claimant continues to work for the employer after the effective date of the claim; and

(c) the claimant’s hours or wages for the four weeks before the claim date are not reduced by 10 percent or more in the four weeks after the claim date.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-1214, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1990 MAR p. 2181, Eff. 12/14/90; AMD, 1992 MAR p. 803, Eff. 4/17/92; AMD, 1994 MAR p. 2835, Eff. 10/30/94; AMD, 1995 MAR p. 1950, Eff. 10/1/95; AMD, 2002 MAR p. 1665, Eff. 6/14/02; AMD, 2006 MAR p. 2411, Eff. 10/6/06; AMD, 2013 MAR p. 2144, Eff. 11/15/13; TRANS and AMD, from 24.11.613, 2024 MAR p. 1458, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-29, Eff. 7/1/25.

Mont. Admin. R. 24.40.1503 Experience-Rated Employers

(1) On or before April 1 of each year, the department sends rate notices to employers.

(2) Eligible employers and deficit employers who do not have delinquent accounts are sent a rate notice with the information used to calculate the applicable contribution rate.

(3) New employers who do not have delinquent accounts are sent a rate notice with the tax rates for the current year.

(4) If all past due reports, taxes, penalties and interest are satisfied within 30 days of the sending of the rate notice, the employer's deficit, eligible, or new computed contribution rate is reinstated. The department will send the employer a revised contribution rate notice.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-301, 39-51-404, 39-51-1103, 39-51-1121, 39-51-1123, 39-51-1213, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1992 MAR p. 803, Eff. 4/17/92; AMD, 1995 MAR p. 1950, Eff. 10/1/95; TRANS, from Dept. of Labor and Industry and AMD, 2001 MAR p. 1650, Eff. 8/24/01; TRANS, from Dept. of Revenue and AMD, 2004 MAR p. 2808, Eff. 11/19/04; AMD, 2007 MAR p. 1669, Eff. 10/26/07; TRANS and AMD, from 24.11.2201, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1505 Employer Reporting - Sick Leave or Accident Disability Payments as Wages

(1) If the employer paid the premium for sick leave or accident disability insurance, any payments made to an employee under that insurance coverage are reportable as wages by the employer. The payments are reportable as wages for six months after the last calendar month in which the employee worked for such employer.

(2) The insurance company, or other third party, that made sick leave or accident disability payments to the employee assumes responsibility for reporting the wages to the department if the third party fails to give the following information to the employer within 15 days of the end of the calendar quarter in which the sick leave or accident disability payments were made to the employee:

(a) name and social security number of the employee who received the payments; and

(b) total amount of the payments.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-201, 39-51-1103, MCA
History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1509 Rates for New Employers

(1) Rates for new employers are based on North American Industry Classification System (NAICS) codes which are assigned to nine major industrial classification rate divisions, plus a nonclassifiable establishment division for employer accounts whose industrial class cannot be determined.

(2) A professional employer organization (PEO) licensed under Title 39, chapter 8, MCA, for the first calendar year of subjectivity is assigned the nonclassifiable rate for new employers. Thereafter, unless the PEO is experience-rated, the PEO is assigned a rate as a new employer in the industry in which the majority of employees are placed for the PEO's clients.

(a) The PEO must provide the department with the quarterly report and a list of employees showing which employees were assigned to which client. If the list is not provided, the PEO will be assigned the nonclassifiable rate for new employers for the following year.

(3) The NAICS codes are assigned to rate divisions as follows:

(a) Division A: NAICS Code 11 - agriculture, forestry, fishing, and hunting;

(b) Division B: NAICS Code 21 - mining;

(d) Division D: NAICS Code 31-33 - manufacturing;

(e) Division E:

(i) NAICS Code 22 - utilities;

(ii) NAICS Code 48 - transportation; and

(iii) NAICS Code 49 - warehousing;

(f) Division F: NAICS Code 42 - wholesale trade;

(g) Division G:

(i) NAICS Code 44-45 - retail trade; and

(ii) NAICS Code 72 - accommodation and food services;

(h) Division H:

(i) NAICS Code 52 - finance and insurance; and

(ii) NAICS Code 53 - real estate, rental, and leasing;

(i) Division I:

(i) NAICS Code 51 - information services;

(ii) NAICS Code 54 - professional and technical services;

(iii) NAICS Code 55 - management of companies and enterprises;

(iv) NAICS Code 56 - administrative support, waste management, and remediation services;

(v) NAICS Code 61 - educational services;

(vi) NAICS Code 62, health care and social assistance;

(vii) NAICS Code 71 - arts, entertainment, and recreation; and

(viii) NAICS Code 81 - other services; and

(j) Division K: NAICS Code 99 - nonclassifiable establishments.

(4) Employers that do not provide sufficient information to be properly classified are assigned to Division K, NAICS Code 99, nonclassifiable establishments, which carries the maximum rate for new employers. Employers have 30 days from the postmarked date of the rate notice or rate letter to submit sufficient information for a proper NAICS classification and rate assignment.

(5) The average rate for each rate division is computed once a year to set rates for the calendar year. Rates for new employers are determined using the average contribution rates in effect for the prior and current calendar year, plus any adjustment for changes in the rate schedule.

History

Authorizing statute(s): 39-8-201, 39-51-302, MCA
Implementing statute(s): 39-8-207, 39-51-1101, MCA
History: NEW, 1995 MAR p. 1950, Eff. 10/1/95; TRANS, from Dept. of Labor and Industry and AMD, 2001 MAR p. 1650, Eff. 8/24/01; AMD, 2002 MAR p. 3060, Eff. 11/1/02; TRANS, from Dept of Revenue, 2004 MAR p. 2808, Eff. 11/19/04; AMD, 2016 MAR p. 2058, Eff. 11/11/16; TRANS and AMD, from 24.11.2204, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1511 Experience-Rating Record Transfer

(1) Substantially common ownership, management, or control is present when a person serves in any of the following positions for both the predecessor and successor:

(a) sole proprietor (includes spouse, children, and parents of sole proprietor);

(b) partner of a partnership;

(d) chief executive officer;

(e) chief financial officer;

(f) any corporate officer;

(g) any shareholder owning, directly or indirectly, more than 50 percent of a corporation's stock; or

(h) board members.

(2) A request for transfer of the experience-rating record may be approved if:

(a) all delinquent reports are filed;

(b) all past due taxes are satisfied; and

(3) The penalty assessed in 39-51-1219, MCA, is based on the taxable payroll of the successor following the transfer of the experience-rating record.

(4) A transfer of the experience-rating record between a professional employer organization and its client is not allowed unless the client and the professional employer organization have common ownership, management, or control.

History

Authorizing statute(s): 39-8-201, 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-8-201, 39-51-1219, MCA
History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1995 MAR p. 1950, Eff. 10/1/95; TRANS, from Dept. of Labor and Industry and AMD, 2001 MAR p. 1650, Eff. 8/24/01; TRANS, from Dept. of Revenue and AMD, 2004 MAR p. 2808, Eff. 11/19/04; AMD, 2006 MAR p. 2411, Eff. 10/6/06; AMD, 2018 MAR p. 638, Eff. 4/1/18; AMD, 2018 MAR p. 2525, Eff. 1/1/19; TRANS and AMD, from 24.11.2205, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1513 Reactivated Employer Rates

(1) The department shall reactivate the unemployment insurance account of an employer who begins employing employees within five years from the last date of employment. The department shall assign the employer a contributions rate by taking into account the employer's prior experience rated record.

(a) The department shall assign the lowest deficit contribution rate in effect for the current rate year to a deficit employer who has reported no wages during the three federal fiscal years immediately prior to the rate computation date.

(b) The department shall assign the new employer contribution rate in effect for the current rate year based on the employer's industrial classification to an eligible employer who has reported no wages in the three federal fiscal years immediately prior to the rate computation date.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-1121, 39-51-1206, 39-51-1216, MCA
History: NEW, 2011 MAR p. 573, Eff. 4/15/11; TRANS and AMD, from 24.11.2208, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1517 State and Local Government Experience Rating

(1) A governmental entity that does not elect to reimburse the trust fund is assigned an experience rate based on 39-51-1212, MCA.

(2) For wages paid through June 30, 2008:

(a) Governmental entities are assessed for purposes of 39-51-404, MCA, at the rate of .05 percent of total quarterly wages.

(b) The following is the rate schedule used for governmental entities.

RATE FOR GOVERNMENTAL ENTITIES

EXPERIENCE RATING SYSTEM

___________________________________________________________________

Individual Employer's Benefit Cost | *Median Benefit Cost Ratio Ratio | .3 | .4 | .5 | .6 | .7 | .8 | .9 | 1.0 | 1.1 | 1.2 | 1.3 | 1.4 | 1.5 .1 or less | .1 | .1 | .2 | .3 | .4 | .5 | .6 | .7 | .8 | .9 | 1.1 | 1.3 | 1.5 .2 | .1 | .1 | .2 | .3 | .4 | .5 | .6 | .7 | .8 | .9 | 1.1 | 1.3 | 1.5 .3 | .1 | .2 | .3 | .4 | .5 | .6 | .7 | .8 | .9 | 1.0 | 1.1 | 1.3 | 1.5 .4 | .2 | .2 | .3 | .4 | .5 | .6 | .7 | .8 | . 9 | 1.0 | 1.2 | 1.3 | 1.5 .5 | .2 | .3 | .4 | .5 | .6 | .7 | .8 | .9 | 1.0 | 1.1 | 1.2 | 1.4 | 1.5 .6 | .2 | .3 | .4 | .5 | .6 | .7 | .8 | .9 | 1.0 | 1.1 | 1.3 | 1.4 | 1.5 .7 | .3 | .4 | .5 | .6 | .7 | .8 | .9 | 1.0 | 1.1 | 1.2 | 1.3 | 1.4 | 1.5 .8 | .3 | .4 | .5 | .6 | .7 | .8 | .9 | 1.0 | 1.1 | 1.2 | 1.3 | 1.4 | 1.5 .9 | .3 | .4 | .5 | .6 | .7 | .8 | .9 | 1.0 | 1.1 | 1.2 | 1.3 | 1.4 | 1.5 1.0 | .4 | .5 | .6 | .7 | .8 | .9 | 1.0 | 1.1 | 1.2 | 1.3 | 1.3 | 1.4 | 1.5 1.1 | .4 | .5 | .6 | .7 | .8 | .9 | 1.0 | 1.1 | 1.2 | 1.3 | 1.4 | 1.4 | 1.5 1.2 | .4 | .6 | .7 | .8 | .9 | 1.0 | 1.1 | 1.2 | 1.3 | 1.4 | 1.4 | 1.5 | 1.5 1.3 | .5 | .6 | .7 | .8 | .9 | 1.0 | 1.1 | 1.2 | 1.3 | 1.4 | 1.4 | 1.5 | 1.5 1.4 | .5 | .7 | .8 | .9 | 1.0 | 1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.5 | 1.5 | 1.5 1.5 | .5 | .7 | .8 | .9 | 1.0 | 1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.5 | 1.5 | 1.5

*Total benefits charged to all governmental entities for all past periods divided by total wages paid by all governmental entities for all past periods. This percentage is used as a median rate. The column headed by that percent is used when the past experience computes to that figure.

(3) For wages paid from July 1, 2008, through June 30, 2011:

(a) Governmental entities are assessed for purposes of 39-51-404, MCA, at the rate of .09 percent of total quarterly wages.

(b) The following is the rate schedule used for governmental entities.

RATE FOR GOVERNMENTAL ENTITIES EXPERIENCE RATING SYSTEM

___________________________________________________________________

Individual Employer's Benefit Cost Ratio | *Median Benefit Cost Ratio .3 | .4 | .5 | .6 | .7 | .8 | .9 | 1.0 | 1.1 | 1.2 | 1.3 | 1.4 | 1.5 .06 or less | .06 | .06 | .16 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | 1.06 | 1.26 | 1.46 .16 | .06 | .06 | .16 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | 1.06 | 1.26 | 1.46 .26 | .06 | .16 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.26 | 1.46 .36 | .16 | .16 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.16 | 1.26 | 1.46 .46 | .16 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.36 | 1.46 .56 | .16 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.26 | 1.36 | 1.46 .66 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.46 .76 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.46 .86 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.46 .96 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.26 | 1.36 | 1.46 1.06 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.36 | 1.46 1.16 | .36 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.36 | 1.46 | 1.46 1.26 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.36 | 1.46 | 1.46 1.36 | .46 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.46 | 1.46 | 1.46 | 1.46 1.46 | .46 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.46 | 1.46 | 1.46 | 1.46

(4) For wages paid on or after July 1, 2011:

(a) Governmental entities are assessed for purposes of 39-51-404, MCA, at the rate of .09 percent of total quarterly wages.

(b) The following is the rate schedule used for governmental entities.

RATE FOR GOVERNMENTAL ENTITIES EXPERIENCE RATING SYSTEM

___________________________________________________________________

Individual Employer's Benefit Cost Ratio | *Median Benefit Cost Ratio .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.46 .1 or less | .06 | .06 | .16 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | 1.06 | 1.26 | 1.46 .2 | .06 | .06 | .16 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | 1.06 | 1.26 | 1.46 .3 | .06 | .16 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.26 | 1.46 .4 | .16 | .16 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.16 | 1.26 | 1.46 .5 | .16 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.36 | 1.46 .6 | .16 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.26 | 1.36 | 1.46 .7 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.46 .8 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.46 .9 | .26 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.46 1.0 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.26 | 1.36 | 1.46 1.1 | .36 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.36 | 1.46 1.2 | .36 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.36 | 1.46 | 1.46 1.3 | .46 | .56 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.36 | 1.46 | 1.46 1.4 | .46 | .66 | .76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.46 | 1.46 | 1.46 | 1.46 1.5 | .46 | .66. | 76 | .86 | .96 | 1.06 | 1.16 | 1.26 | 1.36 | 1.46 | 1.46 | 1.46 | 1.46

History

Authorizing statute(s): 39-51-302, MCA
Implementing statute(s): 39-51-404, 39-51-1212, MCA
History: Eff. 12/31/72; AMD, 1977 MAR p. 545, Eff. 9/24/77; AMD, 1988 MAR p. 2723, Eff. 1/1/89; TRANS, from 24.11.602, Eff. 1/1/89; AMD, 1995 MAR p. 1950, Eff. 10/1/95; TRANS, from Dept. of Labor and Industry and AMD, 2001 MAR p. 1650, Eff. 8/24/01; TRANS, from Dept. of Revenue, 2004 MAR p. 2808, Eff. 11/19/04; AMD, 2007 MAR p. 1669, Eff. 10/26/07; AMD, 2011 MAR p. 1371, Eff. 7/29/11; TRANS, from 24.11.2221, 2024 MAR p. 1458, Eff. 7/1/24.

Subchapter 24.40.16 Employer Records, Reporting, and Payments

Mont. Admin. R. 24.40.1601 Posting Notice to Employees

(1) Every employer must post and maintain a printed notice provided by the department showing that the employer is subject to Montana unemployment insurance law and has been registered by the department. This notice must be posted in a conspicuous place near the locations where services are performed. If employees do not work in a central location, the employer shall annually disseminate the notice to all affected employees by mail or electronic means consistent with typical business practices for disseminating information to employees.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-1101, MCA
History: NEW, 2001 MAR p. 1650, Eff. 8/24/01; TRANS, from Dept. of Revenue and AMD, 2004 MAR 3035, Eff. 11/19/04; TRANS and AMD, from 24.11.2701, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1603 Records to Be Kept by Employer

(1) Employers must keep employment and payroll records for each employee for five years.

(2) For each pay period, those records must show:

(a) the beginning and ending dates;

(b) the total wages for employment in such pay period; and

(3) For each employee, those records must show:

(a) the employee's full name;

(b) the employee's social security number;

(i) money wages payable including special payments or constructive payment of wages;

(ii) reasonable cash value of remuneration by the employer in any medium other than cash;

(iii) estimated or actual amount of gratuities received from persons other than employer; and

(iv) special payments of any kind, including annual bonuses, gifts, prizes, etc.;

(d) the date(s) the employee was hired, rehired, or returned to employment after a temporary layoff;

(e) the date(s) employment was terminated by layoff, quit, discharge, or death;

(f) the cause of any termination;

(g) the method of compensation, by specifying whether the employee is paid:

(i) a salary;

(ii) a commission;

(iii) on an hourly basis;

(iv) on a by-piece basis or other variable rate basis; or

(v) if on a fixed daily basis, the employee's daily rate and the customarily scheduled days per week prevailing in the establishment for the employee's occupation; and

(h) documents supporting employee expense reimbursements.

(4) Employers must keep evidence of business ownership including, but not limited to, limited liability company and partnership agreements, share certificates, and documents issued or acknowledgments by the Secretary of State.

(5) The department is authorized to examine any and all records necessary for the administration of the unemployment insurance laws, Title 39, chapter 51, MCA. These records include, but are not limited to:

(a) payroll records;

(b) disbursement records;

(d) personnel records;

(e) minutes of meetings;

(f) loan documentation; and

(g) any other records which might be necessary to determine claimant eligibility and employer liability.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-603, MCA
History: NEW, 2004 MAR p. 2808, Eff. 11/19/04; TRANS and AMD, from 24.11.2704, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1605 Reporting of Wages in Excess of Taxable Wage Base for Certain Employers

(1) The provisions of this rule apply only to those employers which:

(a) are not governmental entities; and

(b) are classified as experience rated pursuant to 39-51-1217, MCA.

(2) A successor employer, as described in 39-51-1219, MCA, may use the amount of wages paid by the predecessor to determine the successor employer's taxable wages. If a successor does not acquire a portion or all of the experience-rating record of a predecessor, the successor cannot use the amount of wages paid by the predecessor to determine the successor employer's taxable wages.

(3) Only wages reported to the Montana unemployment insurance program may be used to calculate an employee's taxable wage in Montana.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-203, 39-51-1108, 39-51-1217, MCA
History: NEW, 2004 MAR p. 2808, Eff. 11/19/04; AMD, 2014 MAR p. 593, Eff. 3/28/14; TRANS and AMD, from 24.11.2707, 2024 MAR p. 1458, Eff. 7/1/24.

Mont. Admin. R. 24.40.1609 Due Date of Taxes and Quarterly Reports by Employers

(1) Every employer must report employee wage information and pay taxes on those wages to the department each quarter. The department may request any information from the employer necessary for the collection of the tax.

(2) An employer who does not pay any wages during a calendar quarter is not relieved of the duty to submit a quarterly wage report.

(3) Wages become subject to tax when they are actually or constructively paid. Wages must be reported in the calendar quarter they are actually or constructively paid. Wages are constructively paid if they are credited to the employee's account and set apart for an employee so they may be withdrawn at the employee's discretion.

(4) The quarterly wage reports and tax payments must be sent to the department by the following due dates:

(5) If a due date falls on a weekend or holiday, the next business day becomes the due date.

(6) If a tax payment or quarterly report is sent after the due date, the department may assess a penalty and interest.

(7) All employers and third-party agents must report quarterly wage information in an electronic format approved by the department. The department may deem quarterly wage reports filed by paper or in any other format not approved by the department as untimely and subject the employer to a late filing penalty, pursuant to 39-51-1301, MCA.

(8) A tax payment may be made by:

(a) cash, check, or money order, accompanied by a department-approved payment voucher;

(b) automated clearing house (ACH) debit;

(d) credit card.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-603, 39-51-605, MCA
History: NEW, 2004 MAR p. 2808, Eff. 11/19/04; AMD, 2018 MAR p. 2525, Eff. 1/1/19; TRANS and AMD, from 24.11.2711, 2024 MAR p. 1458, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-29, Eff. 7/1/25.

Mont. Admin. R. 24.40.1611 Due Date and Application of Taxes

(1) Payments are applied to unemployment insurance liabilities as provided in the following order unless bankruptcy proceedings or the department have determined otherwise:

(a) contributions;

(b) special administrative assessment under 39-51-404(3), MCA;

(d) penalties assessed under 39-51-1301, MCA, for failure to file reports or make payments in a timely manner;

(e) interest; and then

(f) miscellaneous penalties.

(2) Payments submitted with quarterly reports or payment transmittal forms are applied to that quarter and any overpayment is applied to amounts due in other quarters, beginning with the oldest quarter. Any remaining overpayment may only be applied to future unemployment insurance tax obligations or refunded to the employer.

(a) The employer may request that payments be applied to a more recent quarter.

History

Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-1103, 39-51-1110, MCA
History: NEW, 2004 MAR p. 2808, Eff. 11/19/04; AMD, 2018 MAR p. 638, Eff. 4/1/18; TRANS, from 24.11.2715, 2024 MAR p. 1458, Eff. 7/1/24.

Chapter 24.101 Employment Standards Division

Subchapter 24.101.3 General Provisions

Mont. Admin. R. 24.101.301 Abatement of Renewal Fees

(1) Pursuant to 17-2-302 , MCA, state programs that charge a fee for services are generally not permitted to let their cash balance exceed twice the program's annual appropriation. However, despite the best projections of a program, there may be times when cash balances exceed the amount authorized by statute. This rule is intended to provide a process for a program that needs to reduce its cash balance with a standard methodology to do so, in fair and equitable manner. This rule provides for an abatement of certain fees when the cash balance is excessive.

(2) Except as provided by (3) , a program that has an excessive cash balance may abate the renewal fees for the program's licensees or registrants for one or more renewal cycles until the program's cash balance does not exceed the allowable maximum.

(a) The abatement of renewal fees may be the total amount of the renewal fee, or only a specified portion of the renewal fee.

(b) If a program has more than one category of renewals, the abatement must be made on a roughly proportional basis to fairly, equitably, reasonably and economically distribute the abatement among the program's licensees or registrants. The program may, for good cause, completely abate the renewal fee for certain classes of licensees or registrants and not for other classes, if the administrative cost of processing a reduced renewal fee for all classes is disproportionately high. In such a case, the program must attempt in any future abatements to equitably treat those classes of renewals which have borne a relatively higher proportion of renewal fees.

(c) The fact that the renewal fee is abated for any given renewal cycle does not excuse the licensee or registrant from otherwise fulfilling the renewal requirements, including submission of a renewal application and/or continuing education documentation. A program, to the extent it so provides by rule, may impose a late fee on untimely submissions of renewal applications or other required documentation.

(3) This rule does not apply to programs for which an exception to 17-2-302 , MCA, exists and is applicable. As an example, a program with a three-year renewal cycle will have an apparent excess cash balance during the first year of the renewal cycle, based on a collection of three year's worth of fees for operations expenses.

(4) This rule does not relieve a program from the duty to establish fees at a level commensurate with costs.

(5) A licensing board attached to the department for administrative purposes may adopt the procedures specified in this rule by incorporating this rule by reference. Such an adoption of this rule authorizes the department to make such abatements as are appropriate, without further vote or action by the board. Incorporation by reference of this rule does not relieve the board of its obligations to set fees in a manner commensurate with costs. This rule does not relieve a board from its duty to undertake appropriate rulemaking to modify its fee structure when there are recurrent instances of cash balances in excess of the amount allowed by statute.

History

Authorizing statute(s): 37-1-101, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-101, 37-1-134, MCA
History: NEW, 2004 MAR p. 2286, Eff. 9/24/04.

Subchapter 24.101.4 Standardized Rules for Boards and Programs

Mont. Admin. R. 24.101.401 Purpose

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-101, MCA
Implementing statute(s): 37-1-101, 37-1-104, MCA
History: NEW, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2015 MAR p. 1755, Eff. 10/16/15.

Mont. Admin. R. 24.101.402 Definitions

As used in conjunction with Title 37, MCA, the following definitions apply:

(1) "Active status" means a license status that affords a licensee the rights and privileges to practice while complying with requirements as set by the licensing board or program.

(2) "Administrative fee" means a fee established by the department to cover the cost of administrative services as provided for in 37-1-134, MCA.

(3) "Department" means the Department of Labor and Industry.

(4) "Disciplinary action" means the procedure by which unprofessional conduct is addressed by the board or program pursuant to the contested case hearing provisions of the Montana Administrative Procedure Act (MAPA).

(5) "Division" means the Business Standards Division of the Department of Labor and Industry.

(6) "Expired license" means a license not renewed within 45 days to two years after the renewal date. An expired license may be reactivated within these two years.

(7) "Inactive status" means a license status that does not authorize the licensee to practice, nor engage in activities requiring a license at any time during the period of inactive status. An inactive status license must be renewed as prescribed by the licensing board or program.

(8) "Lapsed license" means a license not renewed by the license renewal date. A lapsed license may be reactivated within 45 days following the license renewal date.

(9) "Late penalty fee" means the fee that a licensee must pay when renewing a license after the renewal date.

(a) The department may assess late penalty fees for each renewal period in which a license is not renewed.

(b) Late penalty fees need not be commensurate with costs.

(10) "License verification" means the documentation provided to another licensing entity that may include information supplied for original licensure or license history information.

(11) "New original license" means a license issued to an individual whose previous original license terminated and was not reinstated. To receive a new original license, all current requirements for obtaining an original license must be met.

(12) "Nonroutine application" means an application that staff has determined requires board review, because it involves:

(a) evidence of unprofessional conduct as defined by law or rule;

(b) materials that require evaluation by the professional members of the board to determine compliance with qualifications for licensure;

(c) missing documentation due to natural disaster, national emergency, or other good cause supported by reliable information;

(d) a matter specifically defined by board or program rule or law as nonroutine; or

(e) an issue staff deems necessary for the board to review.

(13) "Original license" means the initial license issued to a licensee by the department after successfully fulfilling all licensure requirements for the first time.

(14) "Probationary license" means a license that affords a licensee the rights and privileges to practice while complying with terms and conditions of a final order in a disciplinary action.

(15) "Reactivated license" means a lapsed or expired license that is renewed between the renewal date and two years following the renewal date by meeting all renewal requirements.

(16) "Reactivation" means activating a lapsed or expired license.

(17) "Renewal date" means the date by which an existing license must be renewed per ARM 24.101.413. Renewal information must be submitted on or before the renewal date to renew a license without assessment of a late penalty fee.

(18) "Routine application" means an application that staff has determined does not require board review because:

(a) the application does not meet the definition of nonroutine; or

(b) all issues qualifying the application as nonroutine have already been decided by the board, e.g. in a prior application, and no additional relevant information is presented that suggests the need to reconsider that decision.

(19) "Suspended license" means a license following a final disciplinary action against the licensee that no longer affords a licensee the rights and privileges to practice for a period of time specified in a final order. This term does not include an administratively suspended license per 37-1-321, MCA.

(20) "Terminated license" means a license not renewed or reactivated within two years of the renewal date. A terminated license may not be reactivated.

History

Authorizing statute(s): 2-4-201, 37-1-101, MCA
Implementing statute(s): 2-4-201, 37-1-101, 37-1-130, 37-1-131, 37-1-141, 37-1-321, MCA
History: NEW, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2015 MAR p. 1755, Eff. 10/16/15; AMD, 2020 MAR p. 2144, Eff. 11/21/20.

Mont. Admin. R. 24.101.403 Fees

(1) Administrative fees, in addition to fees charged by a board or program, are as follows:

(a) duplicate license $5

(b) licensee lists or rosters 20

(d) certified copies per page (in excess of ten pages) .50

(e) reinstate administratively suspended license 120

(f) returned check fee, including but not limited to, checks issued with nonsufficient funds, stop payment requests, or missing signatures 30

(g) license verification 20

(i) The license verification fee is waived for any board or program having a signed reciprocal agreement with another licensing entity continuing a provision that no fees are to be charged.

(h) inactive to active status change fee during the licensure period is the difference between the cost of an inactive license and an active license renewal fee;

(i) renewal fee for a license suspended through a final disciplinary action is 50 percent of the regular renewal fee; and

(j) renewal fee for a probationary license is the same as the renewal fee.

(2) The late penalty fee is 100 percent of the license renewal fee, is in addition to the renewal fee, and must be paid for each renewal period in which the license was not renewed on or before the renewal date in ARM 24.101.413.

(a) When a renewal fee is abated, the late penalty fee that must be paid is 100 percent of the renewal fee that would have been charged had the renewal fee not been abated.

(3) There is no late fee for licensed guides under the jurisdiction of the Board of Outfitters.

(4) To convert a license from inactive to active status, the licensee must pay the difference between the inactive status fee and the active status fee for the remainder of the current renewal period.

(5) When a military reservist renews a professional or occupational license after being discharged from active duty, the renewal fee will be the current renewal fee. Pursuant to 37-1-138, MCA, the department will not assess or charge any past fees accrued when the reservist was on active duty.

(6) All fees are nonrefundable.

History

Authorizing statute(s): 37-1-101, 37-1-321, MCA
Implementing statute(s): 27-1-717, 37-1-130, 37-1-134, 37-1-138, 37-1-321, MCA
History: NEW, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 2384, Eff. 10/15/10; AMD, 2015 MAR p. 1755, Eff. 10/16/15.

Mont. Admin. R. 24.101.404 Posting Disciplinary Orders on Licensee Lookup Database

(1) Unless the exceptions in (2) and (3) are applicable, any final order imposing a sanction against a professional or occupational license holder that is based on competence to practice issues or based on an allegation that generally or specifically is a violation of law or regulation, is a "disciplinary action" that must be published and noted on the licensee lookup.

(2) If a final order is based only upon a failure to file or complete in a timely manner a minor administrative requirement that is in rule or law, the order affecting the licensee is not a "disciplinary action" for the purposes of publication and notice on the licensee lookup.

(3) A final order of license denial based solely upon an applicant's failure to meet minimum licensure qualifications and not based on competence to practice issues or involving the applicant's past disciplinary or legal actions is not a "disciplinary action" for the purposes of publication and notice on the licensee lookup.

History

Authorizing statute(s): 37-1-101, MCA
Implementing statute(s): 37-1-311, 37-1-405, MCA
History: NEW, 2009 MAR p. 1167, Eff. 7/17/09.

Mont. Admin. R. 24.101.406 Applicants with Criminal Convictions

(1) The following criteria shall apply to determine whether an applicant's criminal conviction is related to the public health, welfare, and safety as it applies to the occupation:

(a) whether the occupation would offer the opportunity for the commission of the offense or similar offense;

(b) the vulnerability of the population served by the occupation to become victims of the offense or similar offense;

(d) other reasonable demonstration of relatedness.

(2) The following criteria shall apply to determine if the applicant, even while serving supervised release, is insufficiently rehabilitated to warrant the public trust:

(a) commission of multiple offenses;

(b) revocation or correctional intervention of the applicant's probation, parole, or conditional release;

(d) lack of candor, misrepresentation, or omission in disclosing the offense or circumstances of the offense;

(e) statements that demonstrate lack of remorse or accountability for the conduct;

(f) unless good cause exists, failure to maintain education, training, or employment on at least a part-time basis; or

(g) other credible evidence of insufficient rehabilitation.

(3) The board shall, unless the conviction is exempt from board review as provided by this rule, determine whether enough time has passed since the applicant's conviction, release from incarceration, or discharge of sentence to evaluate rehabilitation given the nature and circumstances of the offense.

(4) An applicant will not be required to report:

(a) arrests that did not result in the above outcomes;

(b) convictions (juvenile adjudications) received when under 18, unless convicted as an adult; or

(c) misdemeanor driving violations, including driving under the influence, if sentenced more than five years before the application date.

(5) Unless board rule provides otherwise, authorized staff may determine there is no evidence of lack of rehabilitation and issue a license to an otherwise qualified applicant who meets the following criteria:

(a) Nonviolent misdemeanor convictions if the conviction date is more than two years before the application date, unless the applicant is still in custody due to the conviction.

(b) Nonviolent felony convictions if the conviction date is more than five years before the application date, unless the applicant is still in custody due to the conviction.

(6) Unless board rule provides otherwise, all violent misdemeanor or felony convictions and any nonviolent misdemeanor and nonviolent felony convictions not included in (5) must be reviewed by the board as nonroutine applications.

(7) Notwithstanding the screening criteria in (5)(a) and (b), staff may require board review of applicants who engaged in egregious conduct implicating risks to public safety.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, 37-1-101, 37-1-104, 37-1-203, 37-1-205, 37-1-316, MCA
History: NEW, 2020 MAR p. 2144, Eff. 11/21/20.

Mont. Admin. R. 24.101.407 Licensing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-101, MCA
Implementing statute(s): 37-1-101, 37-1-130, MCA
History: NEW, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2015 MAR p. 1755, Eff. 10/16/15.

Mont. Admin. R. 24.101.408 Renewed, Lapsed, Expired, or Terminated Licenses

(1) All licenses must be renewed on or before the renewal date as listed in, and in accordance with ARM 24.101.413 . Late renewals must be accompanied by the fees as specified in ARM 24.101.403 and any other information required as if the renewal were submitted prior to the renewal date.

(a) A suspended license must be renewed in accordance with ARM 24.101.413 or the license will proceed to expire or terminate.

(2) If the license has not been renewed, the license shall be considered a lapsed, expired, or terminated license.

(a) A lapsed license may be reactivated within 45 days of the renewal date by submitting the required, completed renewal information and paying the required fees.

(b) Licenses not renewed within 45 days from the renewal date automatically expire. An expired license may be reactivated within two years of the renewal date by submitting the required, completed renewal information and paying the required fees.

(c) Licenses not renewed within two years from the renewal date automatically terminate. A terminated license may not be reactivated. A new original license must be obtained by completing the current requirements for a new application, including successfully passing the licensing examination if applicable.

(3) A licensee whose license has lapsed or expired, may not apply for a new license. A licensee must renew the license if it has lapsed or expired. All renewal requirements must be met and fees paid in order for a lapsed or expired license to be renewed. A new original license will be issued to a licensee whose license has terminated, provided all licensing requirements are met.

(4) A licensee who practices while a license is lapsed is not considered to be practicing without a license.

(5) A licensee who practices after a license has expired is considered to be practicing without a license and is subject to discipline provided by statute or rule.

(6) A former licensee who practices after a license is terminated is considered to be practicing without a license and is subject to cease and desist or a district court restraining order.

History

Authorizing statute(s): 37-1-101, 37-1-141, MCA
Implementing statute(s): 37-1-101, 37-1-130, 37-1-141, MCA
History: NEW, 2006 MAR p. 1583, Eff. 7/1/06.

Mont. Admin. R. 24.101.413 Renewal Dates and Requirements

(1) An existing license ends on the renewal date specified for each profession and occupation listed and must be renewed on or before this date, or the license will lapse, expire, and terminate per 37-1-141, MCA.

(2) If a timely and sufficient application is submitted before the renewal date, the applicant's continued practice is governed under 2-4-631, MCA. A timely and sufficient application must be:

(a) completed;

(b) accompanied by other required information or documentation as applicable;

(d) submitted so that it bears a U.S. Postal Service post mark prior to or on the renewal date for the applicable profession; or

(e) submitted by using the online renewal service available on the department's website before 11:59 p.m. Mountain time on the renewal date.

(3) If the requirements of this rule are not met, a late penalty fee as specified in ARM 24.101.403 is required.

(4) Renewals for medical practitioners, as defined in 37-2-101, MCA, who also have a dispenser registration through the Board of Pharmacy, pursuant to 37-2-104, MCA, and ARM 24.174.1801, will renew their dispenser registration at the time of renewing their medical practitioner's license.

(5) The following are renewal dates for the professions and occupations listed:

(6) The following are nonrenewable licenses:

(a) temporary licenses issued by a licensing entity unless that licensing entity's rules provide otherwise;

(b) fireworks wholesalers;

(d) pharmacist intern;

(e) limited speech-language pathologists.

(7) The specific date by which each individual licensee is required to renew by can be obtained by contacting the licensing entity's office or by using the licensee lookup system available on the department's web site.

History

Authorizing statute(s): 37-1-101, 37-1-141, MCA
Implementing statute(s): 37-1-101, 37-1-141, MCA
History: NEW, 1995 MAR p. 2140, Eff. 10/13/95; AMD, 1996 MAR p. 1373, Eff. 5/24/96; AMD, 1999 MAR p. 274, Eff. 2/12/99; AMD, 1999 MAR p. 2435, Eff. 10/22/99; AMD, 2006 MAR p. 1277, Eff. 5/19/06; TRANS, from Commerce & AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 505, Eff. 4/27/07; AMD, 2007 MAR p. 1327, Eff. 9/7/07; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2007 MAR p. 1447, Eff. 9/21/07; AMD, 2008 MAR p. 949, Eff. 5/9/08; AMD, 2008 MAR p. 1031, Eff. 5/23/08; AMD, 2008 MAR p. 1705, Eff. 8/15/08; AMD, 2010 MAR p. 532, Eff. 2/26/10; AMD, 2010 MAR p. 746, Eff. 3/26/10; AMD, 2010 MAR p. 1078, Eff. 4/30/10; AMD, 2010 MAR p. 1187, Eff. 5/14/10; AMD, 2010 MAR p. 2384, Eff. 10/15/10; AMD, 2011 MAR p. 576, Eff. 4/15/11; AMD, 2011 MAR p. 1683, Eff. 8/26/11; AMD, 2011 MAR p. 2158, Eff. 10/14/11; AMD, 2011 MAR p. 2401, Eff. 11/11/11; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2013 MAR p. 671, Eff. 4/26/13; AMD, 2014 MAR p. 971, Eff. 5/9/14; AMD, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2017 MAR p. 487, Eff. 4/29/17; AMD, 2017 MAR p. 786, Eff. 6/10/17; AMD, 2018 MAR p. 844, Eff. 4/28/18; AMD, 2018 MAR p. 2051, Eff. 10/20/18; AMD, 2018 MAR p. 2306, Eff. 11/17/18; AMD, 2019 MAR p. 339, Eff. 3/30/19; AMD, 2019 MAR p. 544, Eff. 5/11/19; AMD, 2020 MAR p. 44, Eff. 1/18/20; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2021 MAR p. 1925, Eff. 12/24/21; AMD, 2022 MAR p. 1742, Eff. 9/10/22; AMD, 2022 MAR p. 1842, Eff. 9/24/22; AMD, 2023 MAR p. 1092, Eff. 10/1/23; AMD, 2024 MAR p. 2007, Eff. 8/10/24; AMD, 2026 MAR, Notice No. 2025-238, Eff. 1/10/26.

Mont. Admin. R. 24.101.414 Renewal Notification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-101, 37-1-141, MCA
Implementing statute(s): 37-1-101, 37-1-130, 37-1-141, MCA
History: NEW, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2015 MAR p. 1755, Eff. 10/16/15.

Mont. Admin. R. 24.101.415 Contingent Litigation Fund

(1) [House Bill 227, Section 1 (2025)] requires licensees to pay a fee into the contingent litigation fund if licensed by a covered board or program.

(a) A list of covered boards and programs will be published by the department on its website annually by June 30, and is applicable to licensees beginning July 1 of the same year.

(b) Licensees of covered boards and programs shall pay a fee of $5 on initial application or renewal, as applicable, in the covered year.

(2) Money in the contingent litigation fund will be distributed as follows:

(a) By March 31 of each year, all eligible expenses will be identified.

(i) If the fund contains sufficient money to cover all eligible expenses, transfers to the applicable board or program will be made.

(ii) If the fund does not contain sufficient money to cover all eligible expenses, money will first be allocated to any board whose operations may be suspended pursuant to 37-1-101 without recovery. If multiple boards are subject to suspension, money will be allocated on a pro rated basis between them. Any additional money in the fund will be allocated among the remaining boards and programs on a pro rated basis.

(b) By June 30 of each year, eligible expenses not previously covered will be identified.

(i) If the fund contains sufficient money to cover all eligible expenses, transfers to the applicable board or program will be made. If there is any remaining money in the fund, it will be transferred to pay previous expenses on a pro rated basis.

(3) As used in this rule, the following definitions apply:

(a) “Eligible expenses” means attorney fees and costs accrued during the current fiscal year by a board or program listed under subsection (1) for which recovery is permitted under [House Bill 227, Section 1 (2025)].

(b) “Previous expenses” means attorney fees and costs accrued during the previous fiscal year by a board or program listed under subsection (1) during that fiscal year for which recovery is permitted under [House Bill 227, Section 1 (2025)].

History

Authorizing statute(s): [House Bill 227, Section 1 (2025)]
Implementing statute(s): [House Bill 227, Section 1 (2025)]
History: NEW, 2025 MAR, Notice No. 2025-117, Eff. 7/1/25.

Mont. Admin. R. 24.101.417 Registration for Out-of-State Volunteer Professionals

(1) As provided in 10-3-118, MCA, a volunteer professional may practice in Montana when a state of emergency or disaster, as defined in 10-3-103, MCA, is in effect.

(2) A volunteer professional may accept remuneration for services provided during a state of emergency or disaster as a volunteer professional.

(3) A professional volunteer shall successfully register with the appropriate licensing agency in Montana. To register, a volunteer professional shall hold an active, unrestricted license in another state.

(4) An applicant for registration shall submit a completed, signed department registration application form, to include the:

(a) applicant's full name;

(b) applicant's complete mailing address;

(d) applicant's correct social security number;

(e) applicant's birth date;

(f) title and type of each professional license currently held;

(g) state or states in which the applicant holds a professional license;

(h) an affirmation that the applicant currently holds an active, unrestricted license in another state(s); and

(i) an affirmation that the statements contained in the form are true and accurate to the best of the applicant's knowledge.

(5) A volunteer professional must practice within the scope and standards of the professional's license and in compliance with the licensing statutes and administrative rules of Montana governing the profession.

(6) A volunteer professional is subject to administrative sanctions for unprofessional conduct as described in 37-1-316, MCA, and the specific professional licensing board's administrative rules.

(7) A volunteer professional is exempt from continuing education requirements for the state of Montana.

History

Authorizing statute(s): 10-3-120, MCA
Implementing statute(s): 10-3-118, 10-3-119, MCA
History: NEW, 2012 MAR p. 79, Eff. 1/13/12; AMD, 2020 MAR p. 1326, Eff. 7/25/20.

Subchapter 24.101.5 Adjudication Panel Procedural Rules

Mont. Admin. R. 24.101.501 Adjudication Panel Meetings -- Decision Making Authority

(1) A board’s adjudication panel will meet as needed to enter final agency decisions in disciplinary cases.

(2) The department will provide a staff person to act as secretary of a board’s adjudication panel. The secretary will record all adjudication panel meetings and maintain the recordings as a public record.

(3) A single adjudication panel member may issue an order of a purely procedural nature. For example, one panel member may sign an order on the panel’s behalf to a party’s request to file hard copies or to change a scheduling order issued under ARM 24.101.503.

(4) The adjudication panel shall address all other requests prior to the consideration of the hearing officer’s proposed decision.

History

Authorizing statute(s): 37-1-101, MCA
Implementing statute(s): 37-1-101, MCA
History: NEW, 2026 MAR, Notice No. 2026-180, Eff. 9/5/26.

Mont. Admin. R. 24.101.503 Exceptions to Hearing Officer Proposed Decisions

(1) After a hearing officer issues a proposed decision, one or both parties to the contested case may file exceptions to the proposed decision. Exceptions, for purposes of the rules in ARM Title 24, chapter 101, subchapter 5, are disagreements with the hearing officer’s proposed findings of fact, conclusions of law, and sanctions.

(2) Upon receipt of a proposed decision, the panel secretary will transmit the administrative record to the parties and issue a scheduling order, with deadlines for:

(a) filing objections to the content of the administrative record;

(b) filing opening, response, and reply briefs on exceptions; and

(3) A party may file a written procedural request to change the scheduling order.

(4) Parties shall have no less than 28 days from the time of transmittal to file objections to the content of the administrative record. The opening exceptions brief shall be due no less than 35 days from transmittal of the administrative record. Response briefs shall be due 21 days after an opening brief is filed, and reply briefs must be filed within 14 days of the response.

(5) A party’s exceptions to the proposed decision must be filed in writing and identify each finding of fact, conclusion of law, and sanction with which the party disagrees and will argue should be changed by the adjudication panel.

(a) Failure to identify specific exceptions in writing may result in a determination for purposes of administrative exhaustion that a party waived the opportunity to file exceptions.

(b) Failure to timely file exceptions waives a party’s right to file an opening brief on exceptions, or a reply brief, and to request oral argument before the adjudication panel.

(6) A party seeking oral argument must request it in writing at the time the party files exceptions. The parties may by agreement withdraw a request for oral argument by filing a joint request at any time prior to the adjudication panel exceptions hearing. If no oral argument is requested, the panel may require arguments in its discretion.

(7) All exceptions must comply with this rule, ARM 24.101.505, and 24.101.507. Exceptions may not exceed 20 pages in length or 6500 words, excluding the caption, signature block, certificates of service, any tables of contents or authorities, and any exhibits, unless approved by the panel.

(8) The standards of review of proposed decisions are as follows:

(a) An adjudication panel reviews conclusions of law and interpretations of statutes and administrative rules for correctness. An adjudication panel may reject or modify a conclusion of law if it determines that the hearing officer misapplied fact to law or incorrectly interpreted or applied the law.

(b) An adjudication panel reviews findings of fact to determine whether substantial evidence exists to support a particular finding. The review must be based upon review of the complete record. While the hearing officer is entitled to some deference in findings of fact, weighing of evidence, and credibility determinations, an adjudication panel may reject or modify a finding of fact if it determines that such finding is not based upon competent substantial evidence. An adjudication panel may additionally reject or modify findings of fact if it determines that the proceedings on which the findings were based did not comply with essential requirements of law.

(9) The complete record, under 2-4-621(3), MCA, for the purposes of this rule, is the administrative record as provided by the office of administrative hearings, a transcript of the hearing, and any filings from the parties.

(a) The panel secretary will provide the administrative record from the office of administrative hearings to the parties. Parties may object to the content of the administrative record as provided by the scheduling order.

(b) The parties’ briefs on exceptions may not reference or rely on exhibits which were not admitted into the administrative record unless failure to admit the exhibit is the reason for filing an exception. On timely motion by any party or at the discretion of the adjudication panel, any exhibit improperly filed may be stricken.

(10) If oral argument is requested, each party has 15 minutes of argument before the adjudication panel. If both parties file exceptions, the licensee or applicant will present first and may reserve time for rebuttal argument.

History

Authorizing statute(s): 37-1-101, MCA
Implementing statute(s): 37-1-101, MCA
History: NEW, 2026 MAR, Notice No. 2026-180, Eff. 9/5/26.

Mont. Admin. R. 24.101.505 Document Form and Service

(1) All hard copy filings must be written on paper which is eight and one-half inches by eleven inches (8 1/2" x 11") in size, standard quality and in 12-point font or larger, double spaced, and clearly legible type or print.

(2) Copies of all filings must be served on all parties of record and must contain a certificate of service showing proof of the method of service and the date when service occurred. Service shall be made in compliance with Rule 5 of the Montana Rules of Civil Procedure.

History

Authorizing statute(s): 37-1-101, MCA
Implementing statute(s): 37-1-101, MCA
History: NEW, 2026 MAR, Notice No. 2026-180, Eff. 9/5/26.

Mont. Admin. R. 24.101.507 Filing with the Adjudication Panel

(1) All documents required or permitted to be filed with an adjudication panel shall be filed electronically unless the panel grants a party’s written request to file by hard copy. The email address for document filing is dliadjudication@mt.gov.

(2) A party shall serve on the opposing party, at the time of filing, all procedural requests, exceptions, and briefs on exceptions filed with the adjudication panel. Failure to timely serve the opposing party may result in rejection by the secretary or the adjudication panel of the late or un-served filing.

(3) Documents filed electronically must be:

(a) in Portable Document Format (.pdf). Filings may be submitted in multiple attachments if necessary, and attachments totaling over ten MB may be sent to the panel secretary over the State's File Transfer Service. Inquiries about how to file by File Transfer Service may be directed to the secretary; or

(b) on a portable electronic storage device containing the documents.

(4) Hard copy filings or portable electronic storage devices may be mailed to: Office of Legal Services, Department of Labor and Industry, P.O. Box 1728, Helena, Montana 59624-1728.

(5) Documents must be filed before 11:59 p.m. on the due date. A document is filed on the date it is received by the department. The filing party is responsible for ensuring documents are timely filed and served on the opposing party.

History

Authorizing statute(s): 37-1-101, MCA
Implementing statute(s): 37-1-101, MCA
History: NEW, 2026 MAR, Notice No. 2026-180, Eff. 9/5/26.

Mont. Admin. R. 24.101.509 Exceptions Hearings

(1) On the date set for an adjudication panel meeting, a quorum of the adjudication panel shall consider the parties’ exceptions to a proposed decision. The panel may meet in person or virtually. A quorum is more than 50 percent of appointed panel members.

(2) If oral argument is scheduled, each party will be allowed 15 minutes for argument before the adjudication panel. If both parties file exceptions, the licensee or applicant will argue first and may reserve time for rebuttal. The adjudication panel may extend the time in equal duration for both parties in its discretion.

(3) The contested case is submitted for a final decision under 2-4-623(1)(a), MCA, at the conclusion of the adjudication panel’s exceptions hearing. The adjudication panel shall render a decision which affirms, rejects, modifies, or remands the hearing officer’s proposed decision within 90 days of the exceptions hearing. The panel may extend issuing the decision for another 30 days with good cause. The final decision of the adjudication panel is the final agency decision

History

Authorizing statute(s): 37-1-101, MCA
Implementing statute(s): 37-1-101, MCA
History: NEW, 2026 MAR, Notice No. 2026-180, Eff. 9/5/26.

Chapter 24.110 Board of Allied Health Care Professionals

Subchapter 24.110.1 Organizational Rule

Mont. Admin. R. 24.110.101 Board Organization

(1) The Board of Allied Health Care Professionals adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.110.2 Procedural Rules

Mont. Admin. R. 24.110.201 Procedural Rules

(1) The Board of Allied Health Care Professionals adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.202 Public Participation

(1) The Board of Allied Health Care Professionals adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.110.4 General Provisions

Mont. Admin. R. 24.110.401 Fees

(1) Application fee:

(a) clinical laboratory scientist - $100;

(b) clinical laboratory specialist - $100;

(d) clinical laboratory scientist provisional license - $25;

(e) radiologic technologist - $100;

(f) radiologic technologist limited permit - $100;

(g) respiratory care practitioner - $100.

(2) Renewal fee for active status:

(a) clinical laboratory scientist - $100;

(b) clinical laboratory specialist - $100;

(d) radiologic technologist - $75;

(e) respiratory care practitioner - $75.

(3) Renewal fee for inactive status:

(a) clinical laboratory scientist - $50;

(b) clinical laboratory specialist - $50;

(4) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-1-131, 37-46-103, MCA
Implementing statute(s): 37-1-134, 37-1-141, MCA
History: NEW, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.402 Fee Abatement

(1) The board adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-131, 37-46-103, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.403 Administrative Suspension

(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.

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department’s licensee lookup and license verification databank.

History

Authorizing statute(s): 37-1-131, 37-46-103, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.405 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, 37-46-103, MCA
Implementing statute(s): 37-1-101, 37-1-131, 37-1-307, MCA
History: NEW, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.406 Applicants with Criminal Convictions

(1) The board incorporates and adopts ARM 24.101.406.

History

Authorizing statute(s): 37-1-131, 37-46-103, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.410 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2026 substantial equivalency list for the Board of Allied Health Care Professionals publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

(3) License applications from individuals licensed in substantially equivalent states are routine applications as to the education, examination, and experience requirements for licensure. Applications may be nonroutine on other bases.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.110.6 Clinical Laboratory Science Practitioners

Mont. Admin. R. 24.110.601 Minimum Standards for Clinical Laboratory Licensure

(1) In addition to the requirements of 37-34-303, MCA, applicants for licensure shall meet the following additional qualifications:

(a) Applicants for a license as a clinical laboratory scientist must have graduated from an accredited college or university with a baccalaureate degree with at least 36 semester or 54 quarter hours in the physical and biological sciences. The applicant must also have passed a generalists examination offered by a national certifying body for clinical laboratory scientists.

(b) Applicants for a license as a clinical laboratory specialist must have graduated from an accredited college or university with a baccalaureate degree with at least 36 semester or 54 quarter hours in the physical and biological sciences. The applicant must also have passed a specialist examination offered by a national certifying body for clinical laboratory specialists. The following are areas of clinical laboratory science for which the board will grant a specialist's license:

(i) clinical chemistry;

(ii) hematology;

(iii) microbiology;

(iv) cytology;

(v) immunohematology;

(vi) cytogenetics; and

(vii) molecular biology.

(c) Applicants for a license as a clinical laboratory technician must have graduated with an associate degree or possess 60 semester or 90 quarter hours in a science-related discipline, or completed a military medical laboratory training program of at least 12 months in duration. The applicant must also have passed a technician examination offered by a national certifying body for clinical laboratory science technicians.

(2) Examinations administered by the following national certification agencies are approved by the board:

(a) American Association of Clinical Chemists (AACC);

(b) American Medical Technologist (AMT);

(d) American Society for Microbiology (ASM);

(e) International Society for Clinical Laboratory Technology (ISCLT);

(f) American Board of Medical Genetics (ABMG);

(g) National Registry of Certified Chemists (NRCC);

(h) National Certification Agency (NCA); or

(i) American Association of Bioanalysts (AAB).

(3) Applicants holding valid licensure to practice in another state or jurisdiction shall submit verifications from all states where the applicant has held or holds a license.

(4) Foreign-trained applicants shall be required to use an evaluation of educational background performed by the World Education Services (WES) or another evaluating entity approved by the board.

History

Authorizing statute(s): 37-1-131, 37-46-103, MCA
Implementing statute(s): 37-1-131, 37-34-303, 37-34-305, MCA
History: NEW, 1993 MAR p. 2766, Eff. 11/25/93; AMD, 2000 MAR p. 727, Eff. 3/17/00; TRANS, from Commerce, 2002 MAR p. 1485; AMD, 2002 MAR p. 1486, Eff. 5/17/02; AMD, 2008 MAR p. 629, Eff. 4/11/08; AMD, 2016 MAR p. 518, Eff. 3/19/16; AMD, 2017 MAR p. 299, Eff. 3/11/17; AMD, 2022 MAR p. 835, Eff. 5/28/22; TRANS and AMD, from 24.129.603, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.605 Supervision

(1) The degree of supervision required of the clinical laboratory technician by the clinical laboratory scientist or specialist shall be determined by the supervisor after an evaluation of appropriate factors including but not limited to the following:

(a) the complexity of the test to be performed;

(b) the training and capability of the technician to whom the laboratory test is delegated; and

(2) The supervisor shall make written documentation after an evaluation has occurred and a copy of the evaluation shall be made available to the technician.

(3) The supervisor must keep written documentation of the evaluation in accessible written or electronic format.

(4) Depending on the evaluation made pursuant to (1), the supervisor shall make a determination of how critical it is for the supervisor to be immediately available to provide guidance and supervision to the technician. The supervisor shall make a determination based on all relevant factors whether to be accessible via onsite, telephonic, or electronic consultation and shall identify the level of supervision, or different levels of supervision for different tests, on the written evaluation of the technician.

(a) Onsite supervision means that the supervisor is physically present on the premises and immediately available for direction and supervision of the technician at all times.

(5) The supervisor shall promptly provide copies of the evaluations of technicians to the board or board's representative upon request.

History

Authorizing statute(s): 37-46-103, MCA
Implementing statute(s): 37-34-103, 37-34-305, MCA
History: NEW, 2002 MAR p. 1486, Eff. 5/17/02; AMD, 2008 MAR p. 629, Eff. 4/11/08; AMD, 2017 MAR p. 299, Eff. 3/11/17; TRANS and AMD, from 24.129.402, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.610 Inactive Status

(1) A licensee may place the licensee's license on inactive status by:

(a) submitting a written request for inactive status;

(b) paying the required fee; and

(2) No continuing education hours are required to maintain a license on inactive status.

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-1-319, 37-46-103, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-1-141, 37-1-319, MCA
History: NEW, 1998 MAR p. 2860, Eff. 10/23/98; TRANS, from Commerce, 2002 MAR p. 1485; AMD, 2002 MAR p. 1486, Eff. 5/17/02; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2019 MAR p. 178, Eff. 2/9/19; TRANS and AMD, from 24.129.610, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.611 Reactivation of Inactive License

(1) For a licensee to reactivate an inactive license, the licensee must:

(a) file a reactivation of inactive status application form, as provided by the board, and pay the required fee; and

(b) submit proof of obtaining the required continuing education, for the two-year period immediately preceding the submission of a reactivation application.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-46-103, MCA
Implementing statute(s): 37-1-131, 37-1-319, 37-1-141, MCA
History: NEW, 1998 MAR p. 2860, Eff. 10/23/98; TRANS, from Commerce, 2002 MAR p. 1485; AMD, 2002 MAR p. 1486, Eff. 5/17/02; TRANS and AMD, from 24.129.611, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.612 Provisional Licenses

(1) An applicant for a provisional license must:

(a) make application to the board on approved application forms;

(b) provide original college transcripts;

(d) be approved to take the first available examination; and

(e) identify the licensed individual(s) who shall be responsible for providing direct, onsite supervision.

(2) A provisional license expires after 120 days from the day of issuance.

(3) Only one provisional license will be issued per applicant.

(4) An applicant who fails the examination must notify the board office immediately. Failure of the examination automatically expires the provisional license.

(5) The applicant may retake the examination, but another provisional license will not be issued.

History

Authorizing statute(s): 37-1-319, 37-46-103, MCA
Implementing statute(s): 37-1-144, 37-1-319, MCA
History: NEW, 2001 MAR p. 166, Eff. 1/26/01; TRANS, from Commerce, 2002 MAR p. 1485; AMD, 2017 MAR p. 299, Eff. 3/11/17; TRANS and AMD, from 24.129.612, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.110.8 Radiologic Technologists

Mont. Admin. R. 24.110.808 Radiologic Technologists Applications

(1) Applications shall be made on forms provided by the department.

(2) An application for licensure shall be submitted to the board with the following documents:

(a) application fee; and

(b) evidence of certification by the American Registry of Radiologic Technologists (ARRT) in x-ray technology. This evidence shall consist of the applicant being listed in the current ARRT directory. When the applicant is not listed in the current ARRT directory, the applicant shall submit to the board a certified copy issued by the ARRT of the original registration certificate. This certification must be maintained throughout licensure and attested to on renewal.

History

Authorizing statute(s): 37-1-131, 37-46-103, MCA
Implementing statute(s): 37-14-305, MCA
History: NEW, Eff. 10/4/76; AMD, 1980 MAR p. 429, Eff. 2/1/80; AMD, 1981 MAR p. 208, Eff. 3/13/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 1923, Eff. 12/30/83; AMD, 1984 MAR p. 1629, Eff. 11/16/84; AMD, 1985 MAR p. 1152, Eff. 8/16/85; AMD, 1996 MAR p. 1138, Eff. 4/26/96; AMD, 1998 MAR p. 1916, Eff. 7/17/98; TRANS, from Commerce, 2004 MAR p. 3033; AMD, 2005 MAR p. 2465, Eff. 12/9/05; AMD, 2006 MAR p. 2659, Eff. 10/27/06; AMD, 2008 MAR p. 325, Eff. 2/15/08; AMD, 2014 MAR p. 1262, Eff. 6/13/14; TRANS and AMD, from 24.204.408, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.815 Inspections

(1) An inspection shall be conducted by the board or its designees in accordance with 37-14-322, MCA.

(2) A reinspection shall be made for any noncompliance found by the board or its designees.

(3) The inspection will commence no later than 20 minutes after the inspector's arrival.

(4) It is up to the employer of a licensee or permit holder to determine whether licenses and permits must be posted at the facility.

(5) Licenses or permits not posted must be immediately available to the inspector upon request.

History

Authorizing statute(s): 37-46-103, MCA
Implementing statute(s): 37-14-322, MCA
History: NEW, 1997 MAR p. 1576, Eff. 9/9/97; AMD, 2003 MAR p. 1882, Eff. 8/29/03; TRANS, from Commerce, 2004 MAR p. 3033; TRANS and AMD, from 24.204.415, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.820 Limited Permit Application - Types

(1) A limited permit as provided in 37-14-306, MCA, may be obtained by radiologic technologist course graduates who have completed all requirements for licensure other than passage of the American Registry of Radiologic Technologists (ARRT) examination. In reference to 37-14-306, MCA, when the examination has been taken, the limited permit is valid until notification by the examination service that the person either fails the first license examination for which the person is eligible following issuance of the limited permit, or passes the examination and is granted a license.

(2) A limited permit as provided in 37-14-306, MCA, may be obtained by:

(a) graduates of a minimum 104-hour board approved course set forth in ARM 24.110.827; or

(b) students who have completed half of a radiologic technologist program accredited by a mechanism recognized by the ARRT.

(3) Upon approval of the limited permit application, the applicant shall submit the appropriate examination fee.

(4) Upon passage of the examination, the license is issued. Applicants who fail the examination must make a request to the board to be registered for the examination again and pay the examination fee.

History

Authorizing statute(s): 37-1-131, 37-14-306, 37-46-103, MCA
Implementing statute(s): 37-14-305, 37-14-306, MCA
History: NEW, 1984 MAR p. 1629, Eff. 11/16/84; AMD, 1985 MAR p. 1152, Eff. 8/16/85; AMD, 1990 MAR p. 1321, Eff. 7/13/90; AMD, 1996 MAR p. 1138, Eff. 4/26/96; AMD, 1998 MAR p. 1916, Eff. 7/17/98; TRANS, from Commerce, 2004 MAR p. 3033; AMD, 2006 MAR p. 2659, Eff. 10/27/06; AMD, 2010 MAR p. 77, Eff. 1/15/10; TRANS and AMD, from 24.204.501, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.824 Limited Permits - Practice Limitations

(1) Upon successful completion of the required formal training and the required examination, the board may issue a limited permit to the applicant which specifies the x-ray procedures the limited permit holder is authorized to perform. The limited permit holder may only take x-rays as follows:

(a) in the chest area, consisting of the thoracic region including the lungs, AP (anterior posterior) or PA (posterior anterior) views, lateral and apical lordotic routine chest exposures, and other views as needed by the ordering physician or interpreting radiologist, but in no case involving mammography procedures;

(b) of the extremities, AP or PA, lateral, and oblique routine exposures;

(d) all routine views of the skull and sinuses, with the exception of internal auditory canal series and mastoid series;

(e) of the abdomen, consisting of the region from the diaphragm to the pubis, routine supine and upright AP abdomen projection, and IVP (intravenous pyelogram) scout and follow-up films as specified by the supervising radiologist or physician; and

(f) for GI (gastrointestinal) tract and associated overhead films, the limited permit holder may assist the physician in fluoroscopic examination of the GI tract and may produce films of all associated overhead views as ordered by the physician.

(2) A limited permit holder or applicant may perform bone densitometry examinations upon successful completion of the bone densitometry equipment operators examination administered by the American Registry of Radiologic Technologists (ARRT) or the International Society of Clinical Densitometry (ISCD).

(3) Limited permit holders who completed the 104-hour training are not authorized or permitted to perform fluoroscopy procedures due to the difficulty in monitoring, limiting, and controlling the accumulative doses of ionizing radiation.

(4) A student of a radiologic technologist program accredited by a mechanism recognized by the ARRT is allowed to perform procedures with portable fluoroscopy equipment (also known as C-Arm), provided the student has submitted documentation to the board that:

(a) identifies the student as being enrolled in a radiology program accredited by a mechanism recognized by the ARRT;

(b) the student will be performing portable fluoroscopy procedures as a student with routine supervision;

(d) identifies the facility which will allow the student to receive clinical experience, including the performance of duties outside the scope of a limited permit holder.

(5) If a student of a radiologic technologist program accredited by a mechanism recognized by the American Registry of Radiologic Technologists (ARRT) has completed the first two semesters of the program or its equivalent, as determined by the board, and has become a limited permit holder, that person may perform procedures while operating portable fluoroscopy equipment and may be compensated as long as the student is not performing procedures for course credit and has completed the clinical time requirements.

History

Authorizing statute(s): 37-1-131, 37-46-103, MCA
Implementing statute(s): 37-14-301, 37-14-306, MCA
History: NEW, 1985 MAR p. 1152, Eff. 8/16/85; AMD, 1993 MAR p. 2912, Eff. 12/10/93; AMD, 1995 MAR p. 21, Eff. 1/13/95; AMD, 1996 MAR p. 1138, Eff. 4/26/96; AMD, 2003 MAR p. 1882, Eff. 8/29/03; TRANS, from Commerce, 2004 MAR p. 3033; AMD, 2005 MAR p. 2465, Eff. 12/9/05; AMD, 2006 MAR p. 2659, Eff. 10/27/06; AMD, 2010 MAR p. 77, Eff. 1/15/10; TRANS and AMD, from 24.204.504, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.827 Course Requirements for Limited Permit Applicants

(1) Course providers shall receive board approval for correspondence or online course(s), prior to offering the courses outlined below and shall submit a request for reapproval every two years thereafter. The provider shall submit for the board's review, a course outline, agenda and the identification and qualifications of all instructors. Board-approved course content must be compliant with American Registry of Radiologic Technologists (ARRT) recognized curriculum.

(a) Courses that meet the requirements of this rule shall be board approved.

(b) All instructors shall be ARRT certified or limited permit holders in the state of Montana. Approved course providers, instructors, or designees with five years experience include: radiologic technologists, limited permit holders, radiologic practitioner assistants/radiologist assistants, podiatrists, radiologists, and chiropractors.

(2) The course shall be a minimum of 104 hours in length and shall include:

(a) fundamentals of radiobiology;

(b) imaging equipment;

(d) fundamentals of x-ray physics;

(e) radiographic technique and principles of radiographic exposure;

(f) darkroom procedures;

(g) interrelationship of the radiographic chain (i.e., technique vs. darkroom procedures);

(h) adverse contrast reaction;

(i) medical, legal and ethical - four hours;

(j) radiation safety - eight hours; and

(k) image production and evaluation - film critique - four hours.

(3) Additional courses and clinical competencies to include anatomy, physiology, positioning, pathology, x-ray technique, and proper handling of trauma patients, shall be required for the applicant to qualify for examination in each of the specified limited x-ray procedures. Course length and clinical competencies specified for each limited x-ray procedure are:

(a) chest - minimum four hours, and passing competencies - ten actual;

(b) extremities - minimum eight hours, and passing upper extremities competencies - five actual and passing lower extremities competencies - five actual;

(d) skull - minimum eight hours, and passing competencies - ten, all of which may be simulated;

(e) abdomen - minimum four hours, and passing competencies - ten actual;

(f) GI tract and associated overhead films - eight hours, and passing competencies - ten, all of which may be simulated; and

(g) positioning - minimum eight hours, and passing competencies - ten actual.

(4) Demonstration of competence includes: requisition evaluation, patient assessment, room preparation, patient management, equipment operation, technique selection, position skills, radiation safety, image processing, and image evaluation.

(5) Demonstration of clinical competence means that the approved course providers, instructors, or designee have observed the limited permit applicant performing the procedure, and that the applicant performed the procedure independently, consistently, and effectively. Applicants must demonstrate competence as outlined in (3) in the categories the applicant is requesting to be authorized to take x-ray procedures in.

(6) A board approved checklist for demonstration of competencies will be included with the application.

(7) At no time may the applicant initiate ionizing exposure during performance of the clinical competencies.

(8) To be exempt under 37-14-301, MCA, from obtaining a permit, any person performing only darkroom procedures must complete an eight-hour course in darkroom procedures.

History

Authorizing statute(s): 37-1-131, 37-46-103, MCA
Implementing statute(s): 37-14-301, 37-14-306, MCA
History: NEW, 1985 MAR p. 1152, Eff. 8/16/85; AMD, 1990 MAR p. 1321, Eff. 7/13/90; AMD, 1996 MAR p. 1138, Eff. 4/26/96; AMD, 2003 MAR p. 1882, Eff. 8/29/03; TRANS, from Commerce, 2004 MAR p. 3033; AMD, 2010 MAR p. 77, Eff. 1/15/10; AMD, 2015 MAR p. 2274, Eff. 12/25/15; TRANS and AMD, from 24.204.507, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.831 Limited Permit Examinations

(1) All limited permit applicants shall take and pass the American Registry of Radiologic Technologists (ARRT) limited scope core examination.

(a) The ARRT limited scope core examination contains questions common to all areas of specified x-ray procedures and includes the following topics:

(i) basic radiobiology;

(ii) radiation protection;

(iii) imaging equipment;

(iv) x-ray physics;

(v) radiographic technique and principles of radiographic exposure;

(vi) darkroom procedures; and

(vii) interrelationship of the radiographic chain.

(2) In addition to the ARRT limited scope core examination, 104-hour course graduates shall complete a module examination for selected anatomic regions in which the applicant desires to be permitted.

(a) Each module examination shall include questions common to the individual module in the following areas:

(i) anatomy;

(ii) physiology;

(iii) pathology; and

(iv) x-ray technique.

(b) Limited permits are issued in Montana in the following five categories:

(i) chest;

(ii) extremities;

(iii) skull and sinuses;

(iv) spine; and

(v) abdomen, gastrointestinal tract, and hip and pelvis (state combined examination).

(3) "State combined examination" as used in this rule means the examination consisting of abdomen (AB), gastrointestinal tract (GI) (postfluoroscopy films only), and hip and pelvis examinations.

(4) Applicants may review their state combined examination with administrative staff for the board at the board office or at an approved site designated by the board.

(5) A nonrefundable fee will be assessed for the combined examination. After failing the combined examination, the applicant will be required to submit another state combined examination retake fee.

(6) Applicants for 104-hour course permit who fail any portion of the ARRT limited scope examination (core or any module examination) on two attempts shall be required to successfully complete additional coursework in the failed area(s) of the examination before being allowed to retake the failed portion(s) of the examination a third time.

(a) On a case-by-case hardship basis, the board may allow an unsuccessful applicant to receive tutoring in lieu of the additional coursework. A tutor must have at least five years experience as a licensed radiologic technologist and possess a current ARRT card or be a limited permit holder with five years experience and a current limited permit license. Limited permit holders cannot tutor radiologic technologists. The tutor must submit for board approval the tutor's qualifications and an outline of the materials and topics to be studied by the applicant under the instruction of the tutor. The applicant is responsible for paying all costs associated with the tutorial.

(7) Student permit applicants (having completed two semesters or its equivalent from a radiologic technology program accredited by a mechanism recognized by the ARRT) are only required to take the ARRT limited scope core examination. If student permit applicants fail the ARRT limited scope core examination on two attempts they shall retake:

(a) the limited scope core examination;

(b) all four individual module examinations; and

(8) Limited permit applicants (graduates of a radiologic technology program accredited by a mechanism recognized by the ARRT) who have failed the ARRT radiologic technologist examination four times shall take:

(a) the ARRT limited scope core examination;

(b) all four individual module examinations; and

(9) A minimum passing score of 70 percent is required on the ARRT limited scope core examination, each module examination, and the state combined examination.

(10) All requests for reasonable accommodations under the Americans with Disabilities Act of 1990, 42 USC 12101, et seq., in regard to a board-administered licensing examination must be made on forms provided by the board and submitted with the application for examination prior to any deadline set by the board.

History

Authorizing statute(s): 37-1-131, 37-46-103, MCA
Implementing statute(s): 37-1-131, 37-14-306, MCA
History: NEW, 1985 MAR p. 1152, Eff. 8/16/85; AMD, 1990 MAR p. 1321, Eff. 7/13/90; AMD, 1995 MAR p. 21, Eff. 1/13/95; AMD, 1996 MAR p. 1138, Eff. 4/26/96; AMD, 1997 MAR p. 1576, Eff. 9/9/97; AMD, 2003 MAR p. 1882, Eff. 8/29/03; TRANS, from Commerce, 2004 MAR p. 3033; AMD, 2005 MAR p. 2465, Eff. 12/9/05; AMD, 2006 MAR p. 2659, Eff. 10/27/06; AMD, 2008 MAR p. 325, Eff. 2/15/08; AMD, 2010 MAR p. 77, Eff. 1/15/10; TRANS and AMD, from 24.204.511, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.840 Qualifications

(1) A radiologist assistant (RA) may also be referred to as a radiology practitioner assistant (RPA) pursuant to 37-14-313, MCA, including current licensees or students currently enrolled in the 2005 school year.

(2) To practice as a RA/RPA, an applicant shall:

(a) be a graduate of a RA educational program that:

(i) culminates in the award of a baccalaureate degree, postbaccalaureate certificate, or master's degree from an institution accredited by a mechanism recognized by either:

(A) ARRT;

(B) American college of radiology; or

(ii) incorporates a radiologist-directed clinical preceptorship; and

(iii) meets the eligibility requirements for certification by the ARRT.

(A) The board will accept certification from the ARRT or the certification board for radiology practitioner assistants (CBRPA) for eligibility to sit for the CBRPA certification or ARRT examination;

(b) maintain an active ARRT registration status in radiography;

(d) furnish validation of participation in continuing education activities with a minimum of 24 hours of continuing education credits annually;

(e) hold a current Montana radiologic technologist (RT) license; and

(f) submit to the board a letter from the supervising radiologist certifying completion of a clinical preceptorship.

History

Authorizing statute(s): 37-1-131, 37-14-313, 37-46-103, MCA
Implementing statute(s): 37-14-313, MCA
History: NEW, 2005 MAR p. 2465, Eff. 12/9/05; TRANS and AMD, from 24.204.601, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.843 Scope of Practice - Specific Duties and Functions

(1) The RA/RPA shall evaluate the day's schedule of procedures with the supervising radiologist or the radiologist designate and determine where the RA/RPA's skills will be best utilized.

(2) After demonstrating competency, the RA/RPA, under the general supervision of the supervising radiologist or the radiologist designate, may perform the following procedures:

(a) fluoroscopic procedures (static and dynamic);

(b) arthrograms, pursuant to 37-14-301, MCA; and

(3) The RA/RPA may make initial observations of diagnostic images and forward them to the supervising radiologist.

(4) The RA/RPA shall assess and evaluate the psychological and physiological responsiveness of each patient.

(5) The RA/RPA shall participate in patient management, including acquisition of additional imaging for completion of the exam and record documentation in medical records.

(6) The RA/RPA shall administer intravenous contrast media or glucagon under the supervision of a radiologist or the attending physician pursuant to 37-14-301, MCA.

(7) "Radiologist designate" means a radiologist, MD who has been named radiologist designate by the supervising radiologist, MD. The radiologist designate must reside in Montana and have a current Montana license.

History

Authorizing statute(s): 37-1-131, 37-14-313, 37-46-103, MCA
Implementing statute(s): 37-14-102, 37-14-301, 37-14-313, MCA
History: NEW, 2005 MAR p. 2465, Eff. 12/9/05; TRANS and AMD, from 24.204.603, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.845 Scope of Required Supervision

(1) A RA/RPA may only perform diagnostic procedures under the general supervision of a licensed radiologist. In order for a RA/RPA to be considered under the general supervision of a radiologist, the RA/RPA must:

(a) meet with the supervising radiologist on a regularly scheduled basis of not less than once every month;

(b) provide the supervising radiologist with copies of records from procedures the RA/RPA has performed;

(c) seek input from the supervising radiologist regarding any issues relating to the RA/RPA's performance of diagnostic procedures; and

(d) have a means of contacting the radiologist in order to obtain a timely consultation.

(i) Consultations with the supervising radiologist are considered timely if the radiologist replies to the RA/RPA within eight hours of the RA/RPA's request for consultation.

(2) Consultations with the supervising radiologist shall be conducted as needed:

(a) in person;

(b) by telephone;

(d) by electronic means of communication, such as e-mail or picture, archives, and communication system (PACS).

(3) The RA/RPA shall not perform any diagnostic procedure for which a consultation is needed or appropriate, until such time as consultation has occurred and the RA/RPA has been advised or directed by the radiologist on how to proceed.

History

Authorizing statute(s): 37-1-131, 37-14-313, 37-46-103, MCA
Implementing statute(s): 37-14-102, 37-14-313, MCA
History: NEW, 2005 MAR p. 2465, Eff. 12/9/05; TRANS and AMD, from 24.204.605, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.110.10 Respiratory Care Practitioners

Mont. Admin. R. 24.110.1001 Emergency Procedures

(1) "Emergency procedures" per 37-28-102, MCA, includes, but is not limited to, physician-approved protocols relating to life-sustaining procedures in emergency situations in the absence of the immediate direction of a physician. Emergency respiratory care may also be provided during transportation of a patient and under any circumstances where an epidemic, public disaster, or other emergency necessitates respiratory care.

History

Authorizing statute(s): 37-46-103, MCA
Implementing statute(s): 37-28-102, MCA
History: NEW, 1992 MAR p. 913, Eff. 5/1/92; AMD, 1994 MAR p. 160, Eff. 1/28/94; AMD, 1994 MAR p. 668, Eff. 4/1/94; AMD, 1997 MAR p. 542, Eff. 3/25/97; AMD, 2000 MAR p. 1039, Eff. 4/28/00; AMD, 2001 MAR p. 1096, Eff. 6/22/01; TRANS, from Commerce, 2003 MAR p. 1286; AMD, 2005 MAR p. 453, Eff. 4/1/05; AMD, 2015 MAR p. 22, Eff. 1/16/15; AMD, 2024 MAR p. 1470, Eff. 6/22/24; TRANS and AMD, from 24.213.301, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.1008 Examination

(1) Respiratory care practitioner applicants must pass the National Board for Respiratory Care certification examination for entry-level respiratory therapy practitioners.

History

Authorizing statute(s): 37-1-131, 37-14-202, MCA
Implementing statute(s): 37-1-131, 37-28-202, MCA
History: NEW, 1992 MAR p. 913, Eff. 5/1/92; AMD, 1997 MAR p. 542, Eff. 3/25/97; TRANS, from Commerce, 2003 MAR p. 1286; AMD, 2005 MAR p. 453, Eff. 4/1/05; AMD, 2006 MAR p. 2660, Eff. 10/27/06; AMD, 2015 MAR p. 22, Eff. 1/16/15; AMD, 2024 MAR p. 1470, Eff. 6/22/24; TRANS and AMD, from 24.213.408, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.110.1028 Authorization to Perform Pulmonary Function Testing

(1) Licensees may perform pulmonary function testing if the individual has passed any one of the following certification or registry examinations:

(a) entry level respiratory therapist (CRT);

(b) advanced level respiratory therapist (RRT);

(d) advanced pulmonary function technologist (RPFT).

(2) For purposes of this rule, the following definitions apply:

(a) “clinical supervision” means the availability of a licensed respiratory care practitioner for purposes of communication and consultation;

(b) “pulmonary function testing” means diagnostic procedures that, pursuant to the orders of a physician, may be performed only by or under clinical supervision of a licensed respiratory care practitioner or other licensed health care provider who has met the minimum competency standards.

History

Authorizing statute(s): 37-1-131, 37-46-103, MCA
Implementing statute(s): 37-1-131, 37-28-102, MCA
History: NEW, 2005 MAR p. 453, Eff. 4/1/05; AMD, 2015 MAR p. 22, Eff. 1/16/15; AMD, 2024 MAR p. 1470, Eff. 6/22/24; TRANS and AMD, from 24.213.504, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.110.21 Continuing Education

Mont. Admin. R. 24.110.2101 Continuing Education

(1) The board and department staff do not preapprove continuing education programs or sponsors. Licensees must select quality programs that focus on protecting the health, safety, and welfare of the public and which contribute to the licensee’s professional knowledge and competence.

(a) Applicable college course work may be approved for continuing education. One semester credit is equal to 15 hours. One quarter credit is equal to 10 hours.

(b) Credit may not be obtained by attending the same course more than once in a renewal period.

(2) Licensees must maintain records and documentation of completion of continuing education requirements.

(3) Continuing education requirements do not apply until after the licensee’s first renewal. Licensees may apply to the board for a hardship waiver due to disabling illness or other personal emergency which substantially interferes with the ability to complete the requirements.

(4) The department may conduct continuing education audits and shall determine the percentage to audit based on a statistically relevant sampling of the total number of licensees and the compliance rate of past audits.

(5) Credits must be obtained in the following quantities annually:

(a) Clinical laboratory science practitioners - 14 hours;

(b) Radiologic technologists - 12 hours;

(d) Respiratory care practitioners - 12 hours.

History

Authorizing statute(s): 37-1-131, 37-46-103, MCA
Implementing statute(s): 37-1-306, MCA
History: NEW, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.110.23 Unprofessional Conduct

Mont. Admin. R. 24.110.2301 Unprofessional Conduct

(1) The following is unprofessional conduct:

(a) failure to adequately supervise according to generally accepted standards of practice, including for a clinical laboratory science practitioner, failure to be accessible at all times that testing is being performed by the technician in order to provide on-site, telephonic, or electronic consultation;

(b) abusive billing practices;

(d) practice in unsanitary or unsafe conditions;

(e) discontinue professional services unless:

(i) services are completed;

(ii) discontinuation is requested;

(iii) alternative or replacement services are arranged; or

(iv) there is reasonable opportunity to arrange alternative or replacement services prior to discontinuation of service;

(f) for radiologic technologists:

(i) performing radiologic procedures outside the scope of the license or permit;

(ii) performing a radiologic technologist procedure (other than a screening mammogram) without an order from a licensed provider;

(iii) unnecessarily exposing a patient or the public to radiation; and

(iv) violations of the Standards of Ethics by the American Registry of Radiologic Technologists, revised September 1, 2023.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-46-103, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, MCA
History: NEW, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Chapter 24.111 Alternative Health Care Board

Subchapter 24.111.1 Organizational Rule

Mont. Admin. R. 24.111.101 Board Organization

(1) The Alternative Health Care Board adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1992 MAR p. 555, Eff. 3/27/92; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.111.2 Procedural Rules

Mont. Admin. R. 24.111.201 Procedural Rules

(1) The Alternative Health Care Board adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1992 MAR p. 555, Eff. 3/27/92; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.111.202 Public Participation

(1) The Alternative Health Care Board adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1992 MAR p. 555, Eff. 3/27/92; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.111.3 Definitions

Mont. Admin. R. 24.111.301 Definitions

(1) "Continuous care" as defined in 37-27-103, MCA, includes at least five prenatal visits spanning two trimesters, the birth, newborn exam, and two postpartum visits.

(2) "Direct supervision" means the physical presence of the licensed supervisor. Direct supervision is required for level I, II and III-A apprentices.

(3) "Grand multiparity" means a woman who is in her sixth or greater full term pregnancy.

(4) "Home birth" means an anticipated or actual birth whereby the woman in labor is advised, attended, and assisted by a licensed direct-entry midwife or a Level III-B apprentice direct-entry midwife.

(5) "Indirect supervision" means the immediate availability of the licensed supervisor by telephone.

(6) "MEAC" means the Midwifery Education Accreditation Council.

(7) "Morbidity" means a pathological condition of the mother and/or baby that presents with symptoms peculiar to what is within normal limits during the prenatal, intrapartum and postpartum periods which requires transfer of care to a physician, transport to a hospital and/or emergency measures. This, or client refusal to refer to transfer care, shall be reported to the board within 72 hours, on a form prescribed by the board.

(8) "NARM" means the North American Registry of Midwives.

(9) "Personal supervision" means either direct or indirect supervision as required for direct-entry midwife apprenticeships.

(10) "Primary birth attendant" means the person responsible for providing primary care to a woman in labor.

History

Authorizing statute(s): 37-1-131, 37-27-105, MCA
Implementing statute(s): 37-1-131, 37-26-304, 37-27-103, 37-27-201, 37-27-205, 37-27-320, MCA
History: NEW, 1992 MAR p. 2498, Eff. 11/26/92; AMD, 1999 MAR p. 2038, Eff. 9/24/99; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2005 MAR p. 745, Eff. 5/13/05; AMD, 2018 MAR p. 976, Eff. 5/12/18; AMD, 2019 MAR p. 2364, Eff. 12/28/19.

Subchapter 24.111.4 General Provisions

Mont. Admin. R. 24.111.401 Fees

(1) Fees are payable to the Alternative Health Care Board and are nonrefundable.

(2) Fees for naturopaths are:

(a) license application $300

(b) original license 200

(d) specialty certificate 100

(e) specialty certificate renewal 25

(3) Fees for midwives are:

(a) license application 300

(b) original license 200

(d) apprentice license application 200

(e) apprentice license renewal 100

(4) Fees for acupuncturists are:

(a) license application 125

(b) license renewal 100

(5) Inactive status fees are as follows:

(a) naturopath 120

(b) midwife 120

(6) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-1-134, 37-13-201, 37-26-201, 37-27-105, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-13-302, 37-26-201, 37-26-403, 37-27-203, 37-27-205, 37-27-210, MCA
History: NEW, 1992 MAR p. 555, Eff. 3/27/92; AMD, 1992 MAR p. 2498, Eff. 11/26/92; AMD, 1993 MAR p. 1639, Eff. 7/30/93; AMD, 1996 MAR p. 2576, Eff. 10/4/96; AMD, 1999 MAR p. 1121, Eff. 5/21/99; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2001 MAR p. 1644, Eff. 8/24/01; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 263, Eff. 2/23/07; AMD, 2009 MAR p. 2257, Eff. 11/26/09; AMD, 2018 MAR p. 976, Eff. 5/12/18; AMD, 2023 MAR p. 1093, Eff. 10/1/23.

Mont. Admin. R. 24.111.402 Management of Infectious Waste

(1) Each licensee licensed by the board shall store, transport off the premises, treat, and dispose of infectious waste, as defined in 75-10-1003 , MCA, in accordance with the requirements of Title 75, chapter 10, part 10, MCA, and rules adopted by the Department of Environmental Quality pursuant thereto.

History

Authorizing statute(s): 37-13-201, 37-26-201, 37-27-105, 75-10-1006, MCA
Implementing statute(s): 75-10-1006, MCA
History: NEW, 1995 MAR p. 459, Eff. 3/31/95; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2007 MAR p. 263, Eff. 2/23/07; AMD, 2023 MAR p. 1093, Eff. 10/1/23.

Mont. Admin. R. 24.111.403 Fee Abatement

(1) The Alternative Health Care Board adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-101, 37-13-201, 37-26-201, 37-27-105, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2006 MAR p. 1881, Eff. 7/28/06; AMD, 2023 MAR p. 1093, Eff. 10/1/23.

Mont. Admin. R. 24.111.407 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2007 MAR p. 263, Eff. 2/23/07; AMD, 2008 MAR p. 1033, Eff. 5/23/08; AMD, 2018 MAR p. 976, Eff. 5/12/18; AMD, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.111.408 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.111.409 Inactive Status (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-26-201, 37-27-105, MCA
Implementing statute(s): 37-1-131, 37-1-319, MCA
History: NEW, 2009 MAR p. 2257, Eff. 11/26/09; AMD, 2012 MAR p. 1360, Eff. 7/13/12; REP, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.412 Military Training or Experience

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 2120, Eff. 9/19/14; REP, 2023 MAR p. 1093, Eff. 10/1/23.

Mont. Admin. R. 24.111.415 Application for Licensure

(1) Each application for licensure from the board must include:

(a) a completed application form;

(b) the initial license fee; and

(2) An applicant licensed in any other jurisdiction at any time shall cause the other jurisdictions to submit a current verification of licensure directly to the board.

(3) An applicant may voluntarily withdraw their application by written request if the application has not appeared on a board agenda. Application fees are not refundable.

(4) Incomplete applications expire after one year.

History

Authorizing statute(s): 37-1-131, 37-13-201, 37-26-201, 37-27-105, MCA
Implementing statute(s): 37-1-131, 37-13-302, 37-26-402, 37-26-403, 37-27-201, 37-27-202, 37-27-203, MCA
History: NEW, 2023 MAR p. 1093, Eff. 10/1/23; AMD, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.420 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Alternative Health Care Board publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Subchapter 24.111.5 Licensing and Scope of Practice - Naturopathic Physicians

Mont. Admin. R. 24.111.501 Naturopathic Medical Education Standards

(1) The board may approve a naturopathic medical college degree if it is obtained from a naturopathic medical program which meets substantially equivalent standards to those of the Council on Naturopathic Medical Education.

History

Authorizing statute(s): 37-26-201, MCA
Implementing statute(s): 37-26-201, MCA
History: NEW, 1992 MAR p. 555, Eff. 3/27/92; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.502 Naturopathic Licensing by Examination

(1) Except as provided in (2), all applicants for naturopathic physician licensure in Montana must have passed the Naturopathic Physicians Licensing Examination (NPLEX):

(a) Part I – Biomedical Science;

(b) Part II – Core Clinical Science;

(d) Part II – Clinical Minor Surgery Examination.

(2) An applicant seeking licensure under this rule based upon a licensure examination other than the NPLEX examinations listed in (1) may apply to the board for acceptance of a substantially equivalent examination.

(3) Applicants from another jurisdiction who have not passed the NPLEX Part II – Clinical Elective Pharmacology Examination will be required to do so prior to licensing.

History

Authorizing statute(s): 37-1-131, 37-26-201, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-26-402, 37-26-403, MCA
History: NEW, 1992 MAR p. 555, Eff. 3/27/92; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2003 MAR p. 2873, Eff. 12/25/03; AMD, 2008 MAR p. 1033, Eff. 5/23/08; AMD, 2023 MAR p. 886, Eff. 8/26/23; AMD, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.503 Licensing of Applicants by Endorsement (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-26-201, MCA
Implementing statute(s): 37-1-131, 37-1-304, MCA
History: NEW, 1992 MAR p. 555, Eff. 3/27/92; AMD, 1996 MAR p. 2576, Eff. 10/4/96; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2008 MAR p. 1033, Eff. 5/23/08; AMD, 2023 MAR p. 886, Eff. 8/26/23; REP, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.510 Certification for Specialty Practice of Naturopathic Childbirth Attendance

(1) A naturopathic physician licensed in Montana, or an applicant for a Montana naturopathic physician license, who wishes to practice natural childbirth must apply to and receive from the board, a certificate of specialty practice in naturopathic childbirth attendance. To receive and maintain a certificate, the applicant must fulfill the following requirements:

(a) submit an application for the specialty certificate on a form furnished by the board together with the correct fee;

(b) provide an official transcript from an approved naturopathic medical college or hospital or a signed supervisor document showing completion of at least 100 clock hours (where 12 clock hours equal one quarter credit or equivalent semester credit) of academic coursework, internship, or preceptorship in obstetrics at an approved naturopathic medical college or hospital;

(i) each baby's name;

(ii) date of birth;

(iii) county and state of birth;

(iv) name and natural childbirth credentials of supervising physician; and

(v) name of the primary birth attendant showing that the following experience was obtained under the direct supervision of a licensed naturopathic, medical, or osteopathic physician with specialty training in obstetrics and/or natural childbirth:

(A) the applicant has taken part in the care of 50 women in both the prenatal and postnatal periods; and

(B) the applicant has observed and assisted with the intrapartum care and delivery in 50 natural childbirths in a hospital or alternative birth setting, including 25 births that document the applicant as the primary birth attendant. Of the 25 births for which the applicant was the primary birth attendant, three of the births must have occurred within the two years immediately preceding the submission of the application and in at least one of those three births, the applicant must have provided continuous care.

(d) provide proof of having passed a specialty examination in obstetrics approved by the board, or the American College of Naturopathic Obstetrics' (ACNO) obstetrics specialty examination, or the Naturopathic Physician Licensing Examination's (NPLEX) obstetrics specialty examination.

History

Authorizing statute(s): 37-26-201, MCA
Implementing statute(s): 37-26-201, 37-26-304, MCA
History: NEW, 1992 MAR p. 555, Eff. 3/27/92; AMD, 1994 MAR p. 386, Eff. 2/25/94; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2007 MAR p. 263, Eff. 2/23/07; AMD, 2019 MAR p. 2364, Eff. 12/28/19.

Mont. Admin. R. 24.111.511 Naturopathic Physician Formulary List

(1) Except as provided in (2), naturopathic physicians may prescribe, administer, and dispense pursuant to 37-2-104, MCA:

(a) all legend drugs;

(b) with a DEA registration, all drugs in Schedules II-V as listed at 50-32-224, 50-32-226, 50-32-229, and 50-32-232, MCA, and ARM 24.174.1412;

(d) topical preparations;

(e) vitamins, minerals, trace minerals, enzymes, and food;

(f) homeopathic preparations;

(g) laboratory and diagnostic procedures;

(h) all amino acids and amino acid combinations;

(i) barrier contraceptives;

(j) all botanical extracts and their derivatives;

(k) electrolytes and fluid replacement;

(l) expectorants and mucolytics;

(m) hormones;

(n) liver preparations; and

(o) childbirth preparations.

(2) Naturopathic physicians may not prescribe:

(a) general anesthetics;

(b) mifepristone and misoprostol as an abortifacient;

(i) phenobarbital;

(ii) butalbital; and

(iii) primidone;

(d) systemic oncology agents, except antineoplastic agents, in oral and topical form only:

(i) 5fu;

(ii) anastrozole;

(iii) letrozole;

(iv) mechlorethamine;

(v) megestrol;

(vi) mercaptopurine;

(vii) methotrexate;

(viii) tamoxifen; and

(ix) tretinoin; and

(e) ketamine.

(3) The licensed pharmacist member of the formulary committee formed pursuant to 37-26-301, MCA, shall serve on the committee for a four-year term unless the pharmacist resigns, or is replaced by vote of the board.

History

Authorizing statute(s): 37-1-131, 37-26-201, MCA
Implementing statute(s): 37-1-131, 37-26-301, MCA
History: NEW, 1998 MAR p. 529, Eff. 2/27/98; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2005 MAR p. 745, Eff. 5/13/05; AMD, 2008 MAR p. 1033, Eff. 5/23/08; AMD, 2012 MAR p. 1360, Eff. 7/13/12; AMD, 2014 MAR p. 2120, Eff. 9/19/14; AMD, 2018 MAR p. 976, Eff. 5/12/18; AMD, 2023 MAR p. 886, Eff. 8/26/23.

Mont. Admin. R. 24.111.512 Naturopathic Scope of Practice (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-26-201, MCA
Implementing statute(s): 37-26-201, MCA
History: NEW, 2003 MAR p. 2873, Eff. 12/25/03; REP, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Subchapter 24.111.6 Licensing and Scope of Practice - Direct-Entry Midwifery

Mont. Admin. R. 24.111.601 Minimum Direct-Entry Midwife Education Standards (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-27-105, MCA
Implementing statute(s): 37-27-201, MCA
History: NEW, 1992 MAR p. 2722, Eff. 12/25/92; TRANS, from Commerce, 2001 MAR p. 1642; REP, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.602 Direct-Entry Midwife Apprenticeship Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-27-105, MCA
Implementing statute(s): 37-1-131, 37-27-105, 37-27-201, 37-27-205, 37-27-321, MCA
History: NEW, 1992 MAR p. 2498, Eff. 11/26/92; AMD, 1993 MAR p. 1639, Eff. 7/30/93; AMD, 1996 MAR p. 2576, Eff. 10/4/96; AMD, 2000 MAR p. 456, Eff. 2/11/00; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2003 MAR p. 2873, Eff. 12/25/03; AMD, 2005 MAR p. 745, Eff. 5/13/05; AMD, 2007 MAR p. 263, Eff. 2/23/07; AMD, 2008 MAR p. 1033, Eff. 5/23/08; AMD, 2012 MAR p. 1634, Eff. 7/13/12; AMD, 2018 MAR p. 976, Eff. 5/12/18; REP, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.603 Direct-Entry Midwife Protocol Standard List Required for Application (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-27-105, MCA
Implementing statute(s): 37-1-131, 37-27-201, MCA
History: NEW, 1999 MAR p. 2038, Eff. 9/24/99; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2001 MAR p. 1644, Eff. 8/24/01; AMD, 2018 MAR p. 976, Eff. 5/12/18; REP, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.604 Licensing by Examination (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-27-105, MCA
Implementing statute(s): 37-27-201, 37-27-202, 37-27-203, MCA
History: NEW, 1992 MAR p. 2048, Eff. 9/11/92; AMD, 1993 MAR p. 1639, Eff. 7/30/93; AMD, 1998 MAR p. 529, Eff. 2/27/98; AMD, 1999 MAR p. 2038, Eff. 9/24/99; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2007 MAR p. 263, Eff. 2/23/07; AMD, 2008 MAR p. 1033, Eff. 5/23/08; AMD, 2018 MAR p. 976, Eff. 5/12/18; REP, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.605 Licensure of Out-of-State Applicants (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-27-105, MCA
Implementing statute(s): 37-1-304, 37-27-201, 37-27-202, 37-27-203, MCA
History: NEW, 1996 MAR p. 2576, Eff. 10/4/96; AMD, 1998 MAR p. 921, Eff. 4/17/98; AMD, 1999 MAR p. 2038, Eff. 9/24/99; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2001 MAR p. 1644, Eff. 8/24/01; AMD, 2018 MAR p. 976, Eff. 5/12/18; AMD, 2019 MAR p. 2364, Eff. 12/28/19; REP, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.606 Minimum Education and Experience Requirements for Direct-Entry Midwife Applicants

(1) In addition to those requirements set forth in 37-27-201, MCA, an applicant must be a NARM Certified Professional Midwife, demonstrated by:

(a) graduation from a MEAC-accredited program; or

(b) completing the Portfolio Evaluation Process through NARM; and

(i) Applicants must have the examination score reported to the board from NARM.

(ii) Applicants who have failed the examination twice must file a remedial plan with the board, which includes arrangements for securing further professional training and experience prior to each examination attempt.

History

Authorizing statute(s): 37-27-105, MCA
Implementing statute(s): 37-27-105, 37-27-201, 37-27-202, MCA
History: NEW, 2019 MAR p. 2364, Eff. 12/28/19; AMD, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.607 Direct-Entry Midwife Apprenticeship Requirements

(1) Applicants who are acquiring practical experience shall apply for an apprentice license.

(2) Applicants must provide proof of enrollment in a MEAC-accredited program or enrollment in NARM's Portfolio Evaluation Process at the time of application.

(3) Midwife apprentices must work under the supervision of a currently licensed direct-entry midwife, a certified nurse midwife, a licensed naturopathic physician who is certified for the specialty practice of naturopathic childbirth attendance, or a physician.

(a) Apprenticeship supervisors must be registered with NARM as preceptors.

History

Authorizing statute(s): 37-27-105, MCA
Implementing statute(s): 37-27-105, 37-27-201, 37-27-205, MCA
History: NEW, 2019 MAR p. 2364, Eff. 12/28/19; AMD, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.609 Additional Recommended Screening Procedures

(1) Consistent with generally accepted standards of practice and conduct, direct-entry midwives and direct-entry midwife apprentices shall recommend to their clients that the following tests, in addition to those in 37-27-312 , MCA, be secured from an appropriate health care provider:

(a) a recommendation that mothers:

(i) be screened prenatally for Hepatitis C;

(ii) be screened prenatally for group "B" Beta Strep; and

(iii) obtain a prenatal Pap smear; and

(b) a recommendation that infants:

(i) be screened for bilirubin within 72 hours after birth;

(ii) have expanded newborn metabolic tests within 72 hours after birth; and

(iii) have a newborn hearing screening within one month after birth.

(2) When the above recommendations are required to be made to clients of Level I, II, or III-A apprentices or to clients of Level III-B apprentices who are not approved by the board for indirect supervision, such recommendations shall be made by the apprentice's supervisor. If the supervisor is a physician or nurse-midwife who is not subject to the board's jurisdiction, the recommendation shall be made by the apprentice.

(3) Level III-B apprentices approved by the board for indirect supervision shall always make the recommendations required by this rule to clients of the Level III-B apprentice.

(4) Documentation of compliance with this rule shall be maintained in the client record.

History

Authorizing statute(s): 37-1-131, 37-27-105, MCA
Implementing statute(s): 37-27-102, 37-27-105, 37-27-312, MCA
History: NEW, 2007 MAR p. 263, Eff. 2/23/07.

Mont. Admin. R. 24.111.610 High Risk Pregnancy: Conditions Requiring Primary Care by a Physician

(1) If the following conditions are present, the licensed direct-entry midwife shall not accept the woman as a client:

(a) chronic medical problems:

(i) cardiac disease (Class II or greater);

(ii) diabetes mellitus requiring medication;

(iii) essential hypertension (greater than 140/90 Hg, not controlled by medication);

(iv) hemoglobinopathies:

(v) renal disease (chronic, diagnosed, not urinary tract infection);

(vi) thrombophlebitis or pulmonary embolism;

(vii) epilepsy currently on medication;

(viii) current severe psychiatric condition requiring medication within a six-month period prior to pregnancy;

(ix) active: tuberculosis, syphilis, gonorrhea, hepatitis, AIDS, genital herpes at onset of labor;

(x) current drug or alcohol abuse/dependency;

(xi) current malignant disease;

(xii) chronic obstructive pulmonary disease, except for controlled asthma.

(b) current pregnancy related conditions:

(i) pregnancy induced hypertension (preeclamptic or eclamptic symptoms);

(ii) premature labor (before 36 1/2 weeks gestation verified estimated date of delivery by dates and physical exam);

(iii) placental abruption;

(iv) placenta previa at onset of labor;

(v) has a fetus in any presentation other than vertex at onset of labor;

(vi) multiple gestation;

(vii) contracts primary genital herpes in the first trimester;

(viii) Rh sensitization.

(i) previous Rh sensitization;

(ii) history of inverted uterus.

History

Authorizing statute(s): 37-27-105, MCA
Implementing statute(s): 37-27-105, MCA
History: NEW, 1993 MAR p. 1639, Eff. 7/30/93; AMD, 1995 MAR p. 2684, Eff. 12/8/95; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2023 MAR p. 886, Eff. 8/26/23.

Mont. Admin. R. 24.111.611 Conditions Which Require Physician Consultation or Transfer of Care

(1) If the following conditions are present in a client, the direct-entry midwife shall attempt to consult a physician and/or transfer care to a physician. A certified nurse midwife or licensed direct-entry midwife shall also be consulted if appropriate attempts to consult a physician have been unsuccessful. Documentation of the condition, recommendation (including continuation of care by the licensed direct-entry midwife, if appropriate) and treatment must be maintained in the client records. Conditions include, but are not limited to the following:

(a) prenatal factors:

(i) severe hyperemesis;

(ii) rubella contracted in the first or second trimester;

(iii) maternal anemia (hemoglobin less than ten, hematocrit less than 30) unresponsive within one month of treatment;

(iv) oligohydramnios (suspected);

(v) polyhydramnios (suspected);

(vi) premature rupture of membranes at less than 36 1/2 weeks;

(vii) post term at 42 weeks by dates and physical exam;

(viii) large for gestational age (LGA) or small for gestational age (SGA) (suspected);

(ix) Rh sensitization in present pregnancy (not resulting from recent Rhogam);

(x) history of severe postpartum hemorrhage requiring transfusion;

(xi) known serious maternal viral/bacterial infection at term;

(xii) blood pressure greater than 140/90 or increase of 30 mm Hg systolic or 15 mm Hg diastolic over baseline, that is unresolved within seven days;

(xiii) develops signs and symptoms of preeclampsia;

(xiv) develops signs and symptoms of gestational diabetes;

(xv) has unresolved vaginitis that requires antibiotic treatment;

(xvi) has unresolved urinary tract infection;

(xvii) continued vaginal bleeding before onset of labor;

(xviii) signs of fetal distress including prolonged fetal tachycardia (more than 170) or prolonged fetal bradycardia (less than 100), or fetal demise;

(xix) persistent fever;

(xx) history of preterm delivery (less than 36 1/2 weeks);

(xxi) positive maternal diagnosis of HIV;

(xxii) abnormal Pap smear (showing atypia or CIN);

(xxiii) all condylomas;

(xxiv) grand multiparity;

(xxv) maternal age less than 16 or greater than 40;

(xxvi) history of previous stillbirth;

(xxvii) history of incompetent cervix;

(xxviii) history of previous birth with Erb's Palsy or fractured clavicle or humerus;

(xxix) history of neonatal anomaly; or

(xxx) history of previous cesarean birth.

(b) labor, birth risks, and postpartum factors:

(i) significant fetal distress including prolonged fetal tachycardia (more than 170) or prolonged fetal bradycardia (less than 100);

(ii) unengaged vertex above -3 station in primipara in active labor;

(iii) fever of 102 degrees Fahrenheit or greater;

(iv) prolonged rupture of membranes (greater than 24 hours with no progress of labor);

(v) meconium stained fluid with delivery not imminent;

(vi) severe bleeding prior to or during delivery;

(vii) maternal respiratory distress;

(viii) mother desires consult or transfer;

(ix) uncontrolled maternal hemorrhage;

(x) third or fourth degree perineal laceration;

(xi) signs of infection;

(xii) evidence of thrombophlebitis.

(i) less than three vessels in umbilical cord;

(ii) Apgar score less than seven at five minutes;

(iii) fails to urinate or move bowels within 24 hours;

(iv) obvious anomaly;

(v) respiratory distress;

(vi) cardiac irregularities;

(vii) pale cyanotic or gray color;

(viii) abnormal cry;

(ix) jaundice within 24 hours of birth;

(x) signs of prematurity, dysmaturity, or postmaturity;

(xi) lethargic;

(xii) has edema;

(xiii) signs of hypoglycemia;

(xiv) abnormal facial expression;

(xv) abnormal body temperature (outside the 97-100 degrees Fahrenheit range, not resolved within one hour);

(xvi) abnormal neurological signs, including jitteriness, decreased tones, seizures or poor sucking reflex; or

(xvii) inability to nurse after 12 hours.

History

Authorizing statute(s): 37-27-105, MCA
Implementing statute(s): 37-27-105, MCA
History: NEW, 1993 MAR p. 1639, Eff. 7/30/93; AMD, 1994 MAR p. 386, Eff. 2/25/94; AMD, 1995 MAR p. 2684, Eff. 12/8/95; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2018 MAR p. 976, Eff. 5/12/18; AMD, 2023 MAR p. 886, Eff. 8/26/23.

Mont. Admin. R. 24.111.612 Vaginal Birth After Cesarean (vbac) Deliveries

(1) A licensed direct-entry midwife shall not assume primary responsibility for prenatal care and/or birth attendance for women who have had a previous cesarean section, unless all of the following conditions are met:

(a) An informed consent statement, on a form furnished by the board, shall be signed by all prospective VBAC parents and the licensee, and retained in the licensee's records. The form shall include:

(i) VBAC educational information, including history of VBAC and client's own personal information;

(ii) associated risks and benefits of VBAC at home;

(iii) a workable hospital transport plan;

(iv) alternatives to VBAC at home;

(v) other information as required by the board.

(b) A workable hospital transport plan must be established for home VBAC. The plan shall include:

(i) provision for physician/hospital backup, e.g., through the physician/hospital policy on backup;

(ii) place of birth within 30 minutes of transport to the nearest hospital able to perform an emergency cesarean;

(iii) readily available phone numbers for physician backup and nearest hospital, in writing, in client's records;

(iv) phone contact with nearest hospital at onset of labor and prior to any transport to notify that transport is in progress; and at conclusion of home birth if no transport is necessary.

(c) Licensee shall obtain prior doctor/hospital cesarean records, in writing, prior to acceptance of the woman as a client, and shall analyze the indication for the previous cesarean, and retain the records and a written assessment of the physical and emotional considerations in licensee's files. Records which show a previous classical uterine/vertical incision, any other uterine scars into the endometrium, or less than 18 months between last surgery to the next delivery are contraindications to VBAC at home, and shall require immediate transfer of care of the client. If a licensee is unable to obtain written records, the licensee shall not retain the woman as a client.

(d) VBAC deliveries shall be performed by a fully licensed midwife (not an apprentice licensee), skilled with VBAC support, able to assess true complications and emergencies, to be present from the onset of active labor, throughout the immediate postpartum period.

History

Authorizing statute(s): 37-27-105, MCA
Implementing statute(s): 37-27-105, 37-27-311, MCA
History: NEW, 1996 MAR p. 1829, Eff. 7/4/96; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2003 MAR p. 2873, Eff. 12/25/03; AMD, 2007 MAR p. 263, Eff. 2/23/07; AMD, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.613 Required Reports

(1) A licensed direct-entry midwife shall submit semiannual summary reports on each client, covering the six-month period of January 1 through July 1, or July 1 through January 1 as appropriate, as required by 37-27-320 , MCA. The reports are due on or before January 15 and July 15 of each year.

(a) If a licensed direct-entry midwife does not have any clients during a reporting period, the licensee shall notify the board in writing by the reporting date.

(2) A licensed direct-entry midwife who is supervising a licensed midwife apprentice shall be responsible for filing the statutorily required 72-hour mortality/morbidity report and the semiannual summary report on clients seen by a Level I, II or III apprentice who is not approved for indirect supervision.

(a) A Level III-B apprentice direct-entry midwife, approved by the board for indirect supervision, shall be responsible for filing the statutorily required 72-hour mortality/morbidity report and the semiannual summary report.

(b) If a Level III-B direct-entry midwife apprentice does not have any clients during a reporting period, the apprentice shall notify the board in writing by the reporting date.

(c) Certified nurse midwife, physician or naturopathic supervisors of an apprentice direct-entry midwife shall be responsible to ensure the Level I, II or III (not approved for indirect supervision) apprentice files the statutorily required 72-hour mortality/morbidity report and the semiannual summary reports.

History

Authorizing statute(s): 37-1-131, 37-27-105, MCA
Implementing statute(s): 37-27-320, MCA
History: NEW, 1993 MAR p. 1639, Eff. 7/30/93; AMD, 1996 MAR p. 2576, Eff. 10/4/96; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2005 MAR p. 745, Eff. 5/13/05.

Mont. Admin. R. 24.111.614 Educational Requirements for Administration of Drugs

(1) Midwives may become endorsed to obtain and administer prescription drugs per 37-27-302, MCA, by submitting an application that demonstrates the applicant either:

(a) holds the certified professional midwife (CPM) credential through MEAC accreditation (obtained after January 1, 2021); or

(b) completed both:

(i) an MEAC approved, pharmacology specific to midwives training course covering all drugs listed in the formulary of 37-27-302(2), MCA; and

(ii) an IV therapy course having a practical component that is:

(A) provided by the Montana Health Network;

(B) provided by MEAC; or

History

Authorizing statute(s): 37-1-131, 37-27-302, MCA
Implementing statute(s): 37-1-131, 37-27-302, MCA
History: NEW, 2023 MAR p. 886, Eff. 8/26/23.

Mont. Admin. R. 24.111.615 Obtaining, Storing, and Disposing of Drugs

(1) Endorsed midwives may obtain formulary drugs as allowed by law, including from:

(a) a person or entity licensed as a wholesale distributor by the Montana Board of Pharmacy; and

(b) a retail pharmacy, in minimal quantities for office use.

(2) Endorsed midwives must:

(a) store all formulary drugs in secure areas suitable for preventing unauthorized access and for ensuring a proper environment for the preservation of the drugs; and

(b) dispose of drugs using means that are reasonably calculated to guard against unauthorized access by persons and harmful excretion of the drugs into the environment. The means that may be used include, without limitation:

(i) transferring the drugs to a reverse distributor who is registered to destroy drugs with the U.S. Drug Enforcement Agency;

(ii) removing the drugs from their original containers, mixing them with an undesirable substance such as coffee grounds or kitty litter, putting them in impermeable, non-descript containers such as empty cans or sealable bags, and throwing the containers in the trash; or

(iii) flushing the drugs down the toilet if the accompanying patient information instructs that it is safe to do so.

(3) Endorsed midwives may carry drugs to the home setting while providing care within the course and scope of the practice of midwifery.

History

Authorizing statute(s): 37-1-131, 37-27-302, MCA
Implementing statute(s): 37-1-131, 37-27-302, MCA
History: NEW, 2023 MAR p. 886, Eff. 8/26/23.

Mont. Admin. R. 24.111.616 Use of Formulary Drugs

(1) Endorsed midwives may use the drugs in 37-27-302(2), MCA, according to the following protocol describing the indication for use, dosage, route of administration, and duration of treatment:

Drug | Indication | Dose - in conformance ACOG guidelines | Route of Administration | Duration of Treatment Oxygen | Maternal/Fetal Distress Neonatal Resuscitation | 10-12 L/min. 10 L/min. 10-12 L/min. 10 L/min. | Bag and mask Mask Bag and mask Mask | Until maternal/fetal stabilization is achieved or transfer to hospital is complete Until stabilization is achieved or transfer to a hospital is complete Oxytocin (Pitocin) | Postpartum hemorrhage only | 10 Units/ml | Intramuscularly only | 1-2 doses Transport to hospital required if more than two doses are administered Lidocaine HCl 1% 2% | Local anesthetic for use during postpartum repair of lacerations or episiotomy | 20 cc 10 cc | Percutaneous infiltration only | Completion of repair Penicillin G (Recommended) | Group B Strep Prophylaxis | 5 million units initial dose, then 2.5 million units every 4 hours until birth | IV in ≥ 100 ml LR, NS or D 5 LR | Birth of baby Methegrine (Methylergonovine | Postpartum hemorrhage only | 0.2mg/ml | Intramuscularly only 1 dose | Transport to hospital required if single dose does not stop hemorrhage Ampicillin Sodium (Alternative) | Group B Strep Prophylaxis | 2 grams initial dose, then 1 gram every 4 hours until birth | IV in ≥100 ml NS or LR | Birth of baby Cefazolin Sodium (drug of choice for penicillin allergy with low risk for anaphylaxis) | Group B Strep Prophylaxis | 2 grams initial dose, then 1 gram every 8 hours | IV in ≥ 100 ml LR, NS or D 5 LR | Birth of Baby Clindamycin Phosphate (drug of choice for penicillin allergy with high risk for anaphylaxis) | Group B Strep Prophylaxis | 900 mg every 8 hours | IV in ≥100 ml NS (not LR) | Birth of Baby Epinephrine HCl 1:1000 | Treatment or post-exposure prevention of severe allergic reactions | 0.3 ml | Subcutaneously or intramuscularly | Every 20 minutes or until emergency medical services arrive Administer first dose then immediately request emergency services Lactated Ringer's (LR) 5% Dextrose in Lactated Ringer's solution (D 5 LR) 0.9% Sodium Chloride (NS) Sterile Water | To achieve maternal stabilization Reconstitution of antibiotic powder | I - 2 liter bags First liter run in at a wide-open rate, the second liter titrated to client's condition As directed | Intravenously As directed | Until maternal stabilization is achieved or transfer to a hospital is complete Birth of Baby Cytotec (Misoprostol) | Postpartum hemorrhage only | Up to 800 mcg | Rectally is the preferred method Orally is allowed | 1-2 doses Transport to hospital required if more than one dose is administered Rho(d) Immune Globulin | Prevention of Rho (d) sensitization in Rho (d) negative women | 300 mcg | Intramuscularly | Single dose at any gestation for Rho (d) negative, antibody negative women within 72 hours of spontaneous bleeding or abdominal trauma. Single dose at 26-28 weeks gestation for Rho (d) negative, antibody negative women Single dose for Rho (d) negative, antibody negative women within 72 hours of delivery of Rho (d) positive infant, or infant with unknown blood type Phytonadione | Prophylaxis for Vitamin K Deficiency Bleeding | | | 1 dose 0.5% Erythromycin Ophthalmic Ointment | Prophylaxis of Neonatal Ophthalmia | 1 cm ribbon in each eye | Topical | 1 dose Tranexamic acid | Postpartum Hemorrhage | 1000 mg over 10 minutes given within 3 hours of birth | Intravenous | Initiate transfer after administering first dose. If bleeding continues after 30 minutes or stops and restarts within 24 hours after the first dose, a second dose of 1000mg may be given. Terbutaline | Stop or prevent premature labor | As per direct order of a licensed physician | As per direct order of a licensed physician | As per direct order of a licensed physician

History

Authorizing statute(s): 37-1-131, 37-27-302, MCA
Implementing statute(s): 37-1-131, 37-27-302, MCA
History: NEW, 2023 MAR p. 886, Eff. 8/26/23.

Mont. Admin. R. 24.111.617 Circumstances Constituting a Low Risk of Adverse Birth Outcomes

(1) A low risk of adverse birth outcomes indicates a clinical scenario for which there is not clear demonstratable benefit for a medical intervention or transfer to a physician's care under ARM 24.111.610 or 24.111.611.

(2) Consultation with a physician as required by ARM 24.111.611(1)(a) does not preclude a low risk of adverse birth outcomes.

(3) Preexisting arrangements for emergency transportation to a nearby hospital if needed do not preclude a low risk of adverse birth outcomes.

History

Authorizing statute(s): 37-1-131, 37-27-105, MCA
Implementing statute(s): 37-1-131, 37-27-105, MCA
History: NEW, 2023 MAR p. 886, Eff. 8/26/23.

Subchapter 24.111.8 Acupuncturists

Mont. Admin. R. 24.111.801 Requirements for Licensure

(1) Applicants for licensure must pass the Foundations of Oriental Medicine, Acupuncture with Point Location, and Biomedicine examinations required for certification in acupuncture by the National Commission for the Certification of Acupuncture and Oriental Medicine, or its successor.

(2) Applicants for licensure must pass the examination in clean needle technique administered by the Council of Colleges for Acupuncture and Herbal Medicine, or its successor.

History

Authorizing statute(s): 37-13-201, MCA
Implementing statute(s): 37-13-201, MCA
History: NEW, Eff. 12/5/74; AMD, Eff. 5/5/75; AMD, Eff. 6/4/77; AMD, 1981 MAR p. 143, Eff. 2/14/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 1700, Eff. 8/31/90; AMD, 1994 MAR p. 1580, Eff. 6/10/94; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2012 MAR p. 404, Eff. 2/24/12; AMD, 2022 MAR p. 1664, Eff. 8/6/22; TRANS, from 24.156.1403, 2023 MAR p. 1093, Eff. 10/1/23.

Mont. Admin. R. 24.111.807 Point Injection Education and Training

(1) Point injection is the subcutaneous, intramuscular, and intradermal injection of substances consistent with the practice of acupuncture to stimulate acupuncture points, ashi points, trigger points, motor points, and pathways. Point injection includes trigger points as a subset of acupuncture points and ashi points as recognized in the current practice of acupuncture and Eastern medicine.

(a) Substances for point injection include, but are not limited to, saline, sterile water, and herbs, vitamins in liquid, and homeopathic and nutritional substances which are specifically manufactured for injection by means of hypodermic needles.

(b) Point injection also includes injection of local anesthetics, such as lidocaine and procaine, for reduction of pain during point injection, consistent with the practice of acupuncture and Eastern medicine and training requirements as defined in rule.

(2) To perform point injection, an acupuncturist must be trained in point injection. Only acupuncturists who have NCCAOM Oriental Medicine Certification, which includes specific herbal training requirements and testing, may perform point injection with herbs.

(3) Point injection training requires:

(a) twenty-four contact hours of training including at least eight hours of in person, hands-on experience;

(b) indications, contraindications, and universal precautions;

(c) compounding and administration of the substances authorized for point injection, including aseptic technique, recordkeeping, and storage;

(d) emergency procedures, such as administration of oxygen and responding to adverse reactions and including the use of intramuscular epinephrine. Up to two hours of training in the use of intramuscular epinephrine may be counted toward point injection training. An acupuncturist who holds an additional active license with a scope of practice that includes the authority to prescribe, dispense, or administer epinephrine does not need to meet the requirements of this subsection;

(e) an instructor with the following credentials:

(i) a health care license in good standing with a scope of practice that includes point injection; and

(ii) at least five years of experience in a health care practice that includes point injection; and

(f) providing a successful candidate with:

(i) a certificate of successful completion of the training; and

(ii) a course syllabus which outlines the schedule and curriculum of the training.

(4) Acupuncturists shall order and use traditional oriental and modern medical diagnostic techniques to assist in acupuncture diagnosis, corroboration, monitoring of an acupuncture treatment plan, or referral of a patient to other health care providers.

History

Authorizing statute(s): 37-13-201, MCA
Implementing statute(s): 37-13-103, 37-13-302, MCA
History: NEW, 2022 MAR p. 1664, Eff. 8/6/22; TRANS, from 24.156.1416, 2023 MAR p. 1093, Eff. 10/1/23.

Mont. Admin. R. 24.111.819 Audit and Ce Reporting Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-13-201, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-1-321, 37-13-201, MCA
History: NEW, 2012 MAR p. 404, Eff. 2/24/12; AMD, 2021 MAR p. 1057, Eff. 8/28/21; TRANS and AMD, from 24.156.1410, 2023 MAR p. 1093, Eff. 10/1/23; REP, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Subchapter 24.111.21 Renewals and Continuing Education

Mont. Admin. R. 24.111.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-141, 37-26-201, 37-27-105, 37-27-205, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-26-201, 37-27-105, 37-27-205, MCA
History: NEW, 1992 MAR p. 555, Eff. 3/27/92; AMD, 1996 MAR p. 2576, Eff. 10/4/96; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2019 MAR p. 2364, Eff. 12/28/19.

Mont. Admin. R. 24.111.2102 Naturopathic Physician Continuing Education Requirements

(1) Naturopaths must obtain 15 continuing education credits each renewal period, except as provided in ARM 24.111.817 (24.11.2110). At least five of the credits must be in naturopathic pharmacy. If the naturopath holds a naturopathic childbirth specialty certification as provided in ARM 24.111.510, an additional five credits per renewal period must be obtained in obstetrics. One hour of education (excluding breaks) equals one continuing education credit.

(2) No more than three continuing education credits per renewal period will be approved for preparation of and for a single presentation of a program meeting the requirements of this rule.

(3) In accordance with 37-1-131, MCA, compliance with this rule shall be attested to by the naturopath on the renewal application.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-26-201, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, MCA
History: NEW, 1994 MAR p. 386, Eff. 2/25/94; AMD, 1996 MAR p. 2576, Eff. 10/4/96; AMD, 1998 MAR p. 529, Eff. 2/27/98; AMD, 1999 MAR p. 2038, Eff. 9/24/99; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2001 MAR p. 1644, Eff. 8/24/01; AMD, 2003 MAR p. 2873, Eff. 12/25/03; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 263, Eff. 2/23/07; AMD, 2009 MAR p. 265, Eff. 2/27/09; AMD, 2012 MAR p. 1360, Eff. 7/13/12; AMD, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.2103 Direct-Entry Midwives Continuing Education Requirements

(1) Midwives must obtain 14 continuing education credits each renewal period except as provided in ARM 24.111.817 (24.111.2110). One hour of education (excluding breaks) equals one continuing education credit.

(2) No more than three continuing education credits per renewal period will be approved for preparation of and for a single presentation of a program meeting the requirements of this rule.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, 37-1-319, MCA
History: NEW, 1994 MAR p. 386, Eff. 2/25/94; AMD, 1996 MAR p. 2576, Eff. 10/4/96; AMD, 1998 MAR p. 529, Eff. 2/27/98; AMD, 1999 MAR p. 2038, Eff. 9/24/99; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2001 MAR p. 1644, Eff. 8/24/01; AMD, 2003 MAR p. 2873, Eff. 12/25/03; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 263, Eff. 2/23/07; AMD, 2009 MAR p. 265, Eff. 2/27/09; AMD, 2012 MAR p. 1360, Eff. 7/13/12; AMD, 2018 MAR p. 976, Eff. 5/12/18; AMD, 2019 MAR p. 2364, Eff. 12/28/19; AMD, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.2105 License Renewal for Activated Military Reservists

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-26-201, 37-27-105, MCA
Implementing statute(s): 37-1-138, MCA
History: NEW, 2006 MAR p. 1881, Eff. 7/28/06; REP, 2023 MAR p. 1093, Eff. 10/1/23.

Mont. Admin. R. 24.111.2110 Standards and Audits

(1) Continuing education programs must:

(a) have significant intellectual or practical content, and the primary objective shall be to increase the participant's professional competence as an acupuncturist; and

(b) constitute an organized program of learning in matters directly related to the practice of the licensee, professional responsibility, or ethical obligations of the licensee.

(2) Continuing education credit will not be approved for programs:

(a) relating to general business or economic issues other than workers’ compensation; or

(b) primarily intended to educate the general public such as CPR and first aid, other than programs relating to public health issues.

(3) The department is authorized to audit CE requirements and shall determine the percentage to audit based on a statistically relevant sampling of the total number of licensees and the compliance rate of past audits.

(4) All CE must be documented to show proof of completion. The licensee is responsible for maintaining CE records for one year following the renewal cycle reporting period and for making the records available upon request. Documentation must include the following information:

(a) licensee name;

(b) course title and description of content;

(d) course date(s); and

(e) number of CE hours earned.

(5) No continuing education is required for a first license renewal.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-13-201, 37-26-201, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-13-201, MCA
History: NEW, 2012 MAR p. 404, Eff. 2/24/12; AMD, 2018 MAR p. 2048, Eff. 10/20/18; TRANS and AMD, from 24.156.1409, 2023 MAR p. 1093, Eff. 10/1/23; TRANS and AMD, from 24.111.817, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.2115 Continuing Education for Acupuncturists

(1) Each acupuncture licensee shall earn 30 hours of accredited continuing acupuncture education during each two-year licensing period. Hours shall be the actual number of hours during which instruction was given.

(2) Aside from training hours, acupuncturists may obtain CE as follows:

(a) a maximum of eight hours may be given for the first-time preparation of a new course, in-service training workshop, or seminar which is related to the enhancement of acupuncture practice, values, skills, and knowledge; or

(b) a maximum of eight hours credit may be given for the preparation by the author or authors of a professional acupuncture paper published for the first time in a recognized professional journal; or given for the first time at a statewide or national professional meeting; and

(3) If a licensee completes more than 30 hours of continuing education in a two-year licensing period, excess hours in an amount not to exceed 15 hours may be carried forward to the next two-year licensing period.

(4) Approved continuing education includes:

(a) courses accredited by the National Certification Commission for Acupuncture and Oriental Medicine;

(b) courses sponsored by a state acupuncture association or an acupuncture school; and

(5) Any licensee may apply for a hardship exemption from the continuing acupuncture education requirements of these rules by filing a statement with the board setting forth good faith reasons why he or she is unable to comply with these rules and an exemption may be granted by the board.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-13-201, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-13-201, MCA
History: NEW, 2012 MAR p. 404, Eff. 2/24/12; AMD, 2015 MAR p. 820, Eff. 6/26/15; TRANS and AMD, from 24.156.1408, 2023 MAR p. 1093, Eff. 10/1/23; TRANS and AMD, from 24.111.815, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Subchapter 24.111.23 Unprofessional Conduct

Mont. Admin. R. 24.111.2301 Unprofessional Conduct

(1) The following is unprofessional conduct:

(a) failing to adequately supervise auxiliary staff to the extent that the patient's physical health or safety is at risk;

(b) abandoning, neglecting, or otherwise physically or emotionally abusing a client or patient requiring care;

(c) operating under unsanitary conditions after a warning from the board or consistently maintaining an unsanitary office.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-13-201, 37-26-201, 37-27-105, MCA
Implementing statute(s): 37-1-141, 37-1-316, 37-1-319, 37-13-201, 37-26-201, 37-27-105, MCA
History: NEW, 1993 MAR p. 1639, Eff. 7/30/93; AMD, 1996 MAR p. 2576, Eff. 10/4/96; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 263, Eff. 2/23/07; AMD, 2023 MAR p. 886, Eff. 8/26/23; AMD, 2023 MAR p. 1187, Eff. 10/1/23; AMD, 2026 MAR, Notice No. 2025-128, Eff. 4/11/26.

Mont. Admin. R. 24.111.2305 Administrative Suspension

(1) The board authorizes the department to:

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department's licensee lookup and license verification databank.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2023 MAR p. 1093, Eff. 10/1/23.

Subchapter 24.111.24 Complaint Procedures

Mont. Admin. R. 24.111.2401 Complaint Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-26-201, 37-27-105, MCA
Implementing statute(s): 37-1-308, 37-1-309, MCA
History: NEW, 1996 MAR p. 2576, Eff. 10/4/96; TRANS, from Commerce, 2001 MAR p. 1642; REP, 2023 MAR p. 1093, Eff. 10/1/23.

Mont. Admin. R. 24.111.2402 Screening Panel

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-26-201, 37-27-105, MCA
Implementing statute(s): 37-1-307, MCA
History: NEW, 1996 MAR p. 2576, Eff. 10/4/96; TRANS, from Commerce, 2001 MAR p. 1642; REP, 2023 MAR p. 1093, Eff. 10/1/23.

Chapter 24.112 Emergency Care Providers

Subchapter 24.112.4 General Provisions

Mont. Admin. R. 24.112.401 Definitions

(1) For purposes of the rules set forth in this chapter, the following definitions apply:

(a) “Apprentice” means a person who is a registered apprentice through the Department of Labor and Industry Workforce Services Division Registered Apprenticeship Program for emergency medical technicians.

(b) "Clinical experience" means supervised instruction, observation, or practice in a patient care setting as part of a course curriculum.

(c) "Clinical preceptor" means an individual licensed to a licensure level greater than the student, who is responsible for supervising and teaching the student in a clinical setting, under the supervision of the medical director or lead instructor.

(d) "Curriculum" means the combination of the National EMS Educational Standards and Instructional Guidelines prepared by the USDOT, the National Model EMS Clinical Guidelines, and the Montana ECP Scope of Practice Document.

(e) "Endorsement" means a supplement within a level of licensure issued in conjunction with the appropriate standard license type (EMR, EMT, AEMT, or Paramedic). Each endorsement acquired by a licensee indicates the licensee has obtained a defined set of skills and knowledge, determined and approved by the department, that expands the scope of practice of the ECP.

(f) "Lead instructor" is an endorsement which indicates the endorsed licensee has attended a department-approved instructor training program and is authorized to offer and conduct ECP courses.

(g) "Medical director" means a physician or physician assistant who holds a current unrestricted Montana license and is professionally and legally responsible for training, providing medical direction, and oversight of licensed ECPs under the medical director's supervision.

(h) "Montana ECP Scope of Practice Document" means the written guidelines developed, approved, and distributed by the department, that provide guidance to medical directors and ECPs licensed to practice at all levels.

(i) "Offline medical direction" means general medical oversight and supervision for an emergency medical service or an ECP, including, but not limited to, review of patient care techniques, emergency medical service procedures, and quality of care.

(j) "Online medical control" means real-time interactive medical advice or orders to ECPs.

(k) “Sponsor” means a currently licensed emergency care provider that has entered into an apprenticeship agreement with the registered apprenticeship program per ARM Title 24, chapter 21.

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 37-1-148, 50-6-101, 50-6-105, 50-6-201, 50-6-202, 50-6-203, 50-6-301, 50-6-302, MCA,
History: NEW, 2004 MAR p. 188, Eff. 1/30/04; AMD, 2007 MAR p. 507, Eff. 4/27/07; AMD, 2007 MAR p. 1813, Eff. 11/9/07; AMD, 2013 MAR p. 120, Eff. 2/1/13; AMD, 2015 MAR p. 820, Eff. 6/26/15; AMD, 2019 MAR p. 431, Eff. 4/27/19; AMD, 2020 MAR p. 679, Eff. 4/18/20; AMD, 2022 MAR p. 520, Eff. 4/16/22; AMD, 2022 MAR p. 1664, Eff. 8/6/22; TRANS and AMD, from 24.156.2701, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Mont. Admin. R. 24.112.403 Fee Schedule

(1) Initial and active license renewal application fees:

(a) Emergency medical responder - $20;

(b) Emergency medical technician - $35;

(d) Paramedic - $75;

(e) Emergency care provider endorsement – per submission - $10.

A single submission may include multiple endorsement applications from a single applicant.

(2) Additional standardized fees are in ARM 24.101.403.

(3) All fees are nonrefundable.

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 50-6-203, MCA
History: NEW, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Mont. Admin. R. 24.112.405 Substantial Equivalency

(1) The department adopts and incorporates by reference the 2025 substantial equivalency list for emergency care providers publication. The publication is available on the department’s website.

(2) The department intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Mont. Admin. R. 24.112.410 Medical Director

(1) A medical director providing medical oversight over emergency care providers shall comply with ARM 24.156.2732.

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 50-6-101, 50-6-105, 50-6-201, 50-6-202, 50-6-203, 50-6-301, 50-6-302, MCA
History: NEW, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Mont. Admin. R. 24.112.419 Applicants with Criminal Convictions

(1) The department incorporates ARM 24.101.406 by reference with the following modification:

(a) Nonviolent misdemeanor convictions involving driving under the influence (DUI) in (5)(a) are routine if the conviction date is more than five years before the application date, unless the applicant is still in custody due to the conviction.

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 50-6-203, MCA
History: NEW, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Mont. Admin. R. 24.112.450 Management of Infectious Wastes

(1) Each person licensed by the department shall store, transport off premises, and dispose of infectious wastes, as defined in 75-10-1003, MCA, in accordance with the requirements set forth in 75-10-1005, MCA.

(2) Used sharps are properly packaged and labeled within the meaning of 75-10-1005, MCA, when this is done as required by the Occupational Safety and Health Administration (OSHA).

History

Authorizing statute(s): 50-6-203, 75-10-1006, MCA
Implementing statute(s): 50-6-203, 75-10-1006, MCA
History: NEW, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Subchapter 24.112.5 Licensing

Mont. Admin. R. 24.112.501 Ecp Licensure Qualifications

(1) The department shall license an applicant as an ECP at the appropriate licensure level if the applicant:

(a) has successfully completed an ECP course of instruction at or above the level of requested licensure; and

(b) possesses a current active or inactive NREMT certification equal to or greater than the level applied for, or provides a current unrestricted substantially equivalent ECP license or certification in another state which has a complaint process.

(2) If an applicant is not eligible for certification by NREMT, the department may approve the applicant to undergo an assessment exam administered by NREMT and provide proof of passage of the assessment exam to the department in lieu of a NREMT certification card.

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 50-6-201, 50-6-203, MCA
History: NEW, 2004 MAR p. 188, Eff. 1/30/04; AMD, 2013 MAR p. 120, Eff. 2/1/13; AMD, 2015 MAR p. 820, Eff. 6/26/15; AMD, 2019 MAR p. 431, Eff. 4/27/19; AMD, 2020 MAR p. 679, Eff. 4/18/20; AMD, 2022 MAR p. 520, Eff. 4/16/22; AMD, 2023 MAR p. 1407, Eff. 10/21/23; TRANS and AMD, from 24.156.2711, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Mont. Admin. R. 24.112.502 Ecp Scope of Practice

(1) An ECP licensed at an EMR or EMT level may perform any acts allowed within the ECP's licensure or endorsement level when:

(a) operating independently within the most current version of the Montana ECP Scope of Practice Document;

(b) under the medical oversight of a medical director who is taking responsibility for the ECP; or

(2) An ECP licensed at an EMT with endorsement(s), AEMT, or paramedic level may perform any acts allowed within the ECP's licensure level or endorsement level when:

(a) under medical oversight of a medical director who is taking responsibility for the ECP; or

(b) participating in a continuing education program.

(3) An ECP licensed in good standing in the state from which they are responding may perform within their scope of practice at the level licensed, when functioning as a member of a licensed ambulance service that finds itself within the boundaries of Montana, while:

(a) responding to an emergency where the border is not clearly known;

(b) responding to an emergency in accordance to a mutual aid agreement with a Montana licensed EMS service; or

(4) A student may perform beyond the level of his or her individual licensure when functioning as a student in an ECP training course conducted in accordance with department rules including participating in a clinical component of a course or program of instruction originating in another state that has a clinical contract with a Montana healthcare facility or a Montana licensed EMS agency and functions under the direct supervision of a clinical preceptor licensed in Montana. The student must perform within the Montana scope of practice at the level for which the student is a student candidate.

(5) Except as provided in (4), an ECP may not perform any acts that are beyond the ECP's level of licensure or endorsement.

(6) The medical director may limit the functioning scope of an ECP due to community needs and/or issues with maintaining competency. If, after remediation and review of an individual ECP's performance, the medical director has continuing concerns as to the ECP's ability to perform to the ECP's scope of practice, this shall be reported to the department.

(7) An ECP licensed and in good standing in another state may function during a state or federally managed incident in compliance with the Montana ECP Scope of Practice Document, but shall comply with all of the following:

(a) the ECP's practice shall be limited to the duration of the state or federally managed incident;

(b) practice shall be conducted within the geographic area, whether on federal, state, or private land, designated as being within the state or federally managed incident;

(c) the ECP practices only at the level licensed in another state; however, if the ECP is licensed above the basic EMT level, the practice above a basic EMT level may only occur if the ECP has medical direction oversight provided by a Montana licensed physician or physician assistant approved by the department as a medical director, and the medical director authorizes the ECP to function beyond the basic EMT level;

(d) provide proof of current licensure and good standing in another state; and

(e) submit the appropriate form to the department.

(8) The department may conduct onsite visits of state or federally managed incidents to assure compliance.

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 50-6-203, MCA
History: NEW, 2004 MAR p. 188, Eff. 1/30/04; AMD, 2007 MAR p. 507, Eff. 4/27/07; AMD, 2007 MAR p. 1813, Eff. 11/9/07; AMD, 2013 MAR p. 120, Eff. 2/1/13; AMD, 2015 MAR p. 820, Eff. 6/26/15; AMD, 2019 MAR p. 431, Eff. 4/27/19; AMD, 2020 MAR p. 679, Eff. 4/18/20; AMD, 2021 MAR p. 277, Eff. 3/13/21; TRANS and AMD, from 24.156.2771, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Mont. Admin. R. 24.112.503 Ecp Training Courses

(1) An individual, corporation, partnership, or any other organization may conduct ECP training courses. All ECP training courses or programs must include the following:

(a) current USDOT curriculum;

(b) Montana ECP Scope of Practice Document and National Model EMS Clinical Guidelines;

(d) a final competency evaluation including a practical skill evaluation; and

(e) certificate of successful completion which states:

(i) full name of student;

(ii) start and end dates of the course;

(iii) course level; and

(iv) names of designated lead instructor and/or medical director.

(2) A clinical component must be included and documented in the following levels of ECP courses:

(a) EMT course participants must complete a minimum of ten hours of clinical experience during which the student shall:

(i) observe patient care on at least 5 patients; and

(ii) perform a patient assessment on at least 5 adult patients.

(b) AEMT course participants shall:

(i) properly administer medications at least 10 times to live patients;

(ii) successfully access the venous circulation at least 15 times on live patients of various age groups;

(iii) ventilate at least 15 live patients of various age groups;

(iv) perform an advanced patient assessment on at least 15 adult patients, 5 pediatric patients, and 10 trauma patients;

(v) perform an advanced patient assessment, formulate and implement a treatment plan on at least 10 patients with chest pain;

(vi) perform an advanced patient assessment, formulate and implement a treatment plan on at least 10 adult patients and 3 pediatric patients with dyspnea/respiratory distress;

(vii) perform an advanced patient assessment, formulate and implement a treatment plan on at least 10 patients with altered mental status; and

(viii) serve as the team leader for at least 20 prehospital emergency responses.

(i) properly administer medications at least 15 times to live patients;

(ii) successfully intubate at least 5 live patients;

(iii) successfully access the venous circulation at least 25 times on live patients of various age groups;

(iv) ventilate at least 20 live patients of various age groups;

(v) perform a comprehensive patient assessment on at least 50 adult patients, 30 pediatric patients (including newborns, infants, toddlers, and school age), 40 trauma patients, 30 geriatric patients, 10 obstetric patients, and 20 psychiatric patients;

(vi) perform a comprehensive patient assessment, formulate and implement a treatment plan on at least 30 patients with chest pain;

(vii) perform a comprehensive patient assessment, formulate and implement a treatment plan on at least 20 adult patients and 8 pediatric patients (including infants, toddlers, and school age) with dyspnea/respiratory distress;

(viii) perform a comprehensive patient assessment, formulate and implement a treatment plan on at least 10 patients with syncope;

(ix) perform a comprehensive patient assessment, formulate and implement a treatment plan on at least 20 patients with abdominal complaints;

(x) perform a comprehensive patient assessment, formulate and implement a treatment plan on at least 20 patients with altered mental status; and

(xi) serve as the team leader for at least 50 prehospital emergency responses.

(3) Upon written request from the medical director of an AEMT or paramedic course, the department may approve substitution of patient simulators for up to 50 percent of the live patient requirements specified under (2)(b) and (c).

(4) All levels of ECP courses must designate a lead instructor and a medical director. The lead instructor is under the supervision of the department and medical director for these courses.

(5) The medical director of an ECP course shall be responsible for the overall quality, consistency, and management of the ECP course in which they agree to provide medical oversight. The medical director may delegate duties where appropriate.

(a) Medical direction of an EMR or EMT level course consists of review of agenda, selection of instructors, review of evaluation tools, and review of clinical offerings and objectives.

(b) Medical direction of an AEMT or paramedic level course consists of approval of agenda, approval and selection of instructors, involvement in the development and implementation of evaluation tools, participation as an instructor, approval of clinical offerings and objectives to be met by clinical components, and verification of successful course completion for each student.

(6) The lead instructor of an EMR course shall:

(a) issue a certificate as provided under (1)(e);

(b) complete the course within six months of the date the course commences; and

(7) The lead instructor of an EMT course shall:

(a) issue a certificate as provided under (1)(e);

(b) complete the course within 12 months of the date the course commences;

(d) provide the clinical experience as specified under (2)(a).

(8) The lead instructor and medical director of an AEMT or paramedic course shall:

(a) issue a certificate as provided under (1)(e);

(b) provide clinical experience as specified under (2)(b) and (c);

(i) AEMT course within 18 months from the starting date of the course; and

(ii) paramedic course within 24 months from the starting date of the course;

(d) provide clinical experiences with no fewer than one clinical preceptor for every two students; and

(e) provide sufficient patient accessibility to allow students to complete all clinical experiences within the course dates.

(9) Requests for extension of required course completion times stated in (8)(c) must be submitted in writing and may be granted by the department.

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 50-6-203, MCA
History: NEW, 2019 MAR p. 431, Eff. 4/27/19; AMD, 2020 MAR p. 679, Eff. 4/18/20; AMD, 2020 MAR p. 963, Eff. 5/30/20; TRANS and AMD, from 24.156.2720, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Mont. Admin. R. 24.112.504 Levels of Ecp Licensure Including Endorsements

(1) The department issues four levels of licenses for ECPs. Each level has endorsements that may be added to an ECP license. Endorsements do not have to be acquired in the order listed below and may consist of one or more combinations within each ECP level. The levels of licensure and endorsements are as follows:

(a) EMR licenses:

(i) EMR monitoring;

(ii) lead instructor; and

(iii) CIHC.

(b) EMT licenses:

(i) medication;

(ii) IV and IO (intravenous infusion and intraosseous infusion) initiation;

(iii) IV and IO (intravenous infusion and intraosseous infusion) maintenance;

(iv) airway;

(v) lead instructor; and

(vi) CIHC.

(i) AEMT medication;

(ii) AEMT-99;

(iii) lead instructor; and

(iv) CIHC.

(d) Paramedic licenses:

(i) critical care paramedic;

(ii) lead instructor; and

(iii) CIHC.

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 50-6-101, 50-6-105, 50-6-201, 50-6-202, 50-6-203, 50-6-301, 50-6-302, MCA
History: NEW, 2004 MAR p. 188, Eff. 1/30/04; AMD, 2007 MAR p. 1813, Eff. 11/9/07; AMD, 2013 MAR p. 120, Eff. 2/1/13; AMD, 2015 MAR p. 820, Eff. 6/26/15; AMD, 2019 MAR p. 431, Eff. 4/27/19; AMD, 2020 MAR p. 679, Eff. 4/18/20; AMD, 2023 MAR p. 1407, Eff. 10/21/23; TRANS and AMD, from 24.156.2751, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Mont. Admin. R. 24.112.505 Ecp Endorsement Application

(1) An applicant for an ECP endorsement, at any level, shall submit an application on a form prescribed by the department, the appropriate fee, and:

(a) the applicant's verification of knowledge and skills as identified on a form provided by the department for each endorsement level for which the applicant is applying; and

(b) attestation of current Montana ECP license at the appropriate level to qualify for the endorsement.

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 50-6-203, MCA
History: NEW, 2013 MAR p. 120, Eff. 2/1/13; AMD, 2019 MAR p. 431, Eff. 4/27/19; TRANS and AMD, from 24.156.2752, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Mont. Admin. R. 24.112.506 Cihc Endorsement

(1) An applicant for CIHC endorsement shall submit an application, the appropriate fees, and:

(a) verification of completion of a department-approved curriculum in community-integrated health care provided by an accredited institution of higher learning;

(b) attestation of a minimum of one year of experience at the applicant's current level of licensure; and

(2) An ECP acting under a current CIHC endorsement shall:

(a) act within their scope of practice according to the Montana ECP Scope of Practice Document;

(b) follow the patient care plan developed by the physician, PA, or APRN directing the CIHC to their patient, which may not be unilaterally altered by the ECP's medical director; and

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 50-6-101, 50-6-105, 50-6-201, 50-6-202, 50-6-203, 50-6-301, 50-6-302, MCA
History: NEW, 2020 MAR p. 679, Eff. 4/18/20; TRANS and AMD, from 24.156.2753, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Mont. Admin. R. 24.112.507 Procedures for Revision of Montana Ecp Scope of Practice Document

(1) A medical director may submit a petition for revisions to the Montana ECP Scope of Practice Document. The department may accept public comment regarding the petition.

(2) The petition must be submitted on a department-approved form with the following supporting documentation:

(a) a written recommendation and/or position statement for the revision; and

(b) literature supporting the recommendations and/or position.

(3) The department shall approve the proposed revision when:

(a) it is demonstrated to the satisfaction of the department that granting the petitioner's request is necessary to provide appropriate standards of medical care;

(b) the department finds that the public's interest in granting the revision clearly outweighs the interest of maintaining the uniform Montana ECP Scope of Practice Document; and

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 50-6-203, MCA
History: NEW, 2004 MAR p. 188, Eff. 1/30/04; AMD, 2007 MAR p. 1813, Eff. 11/9/07; AMD, 2013 MAR p. 120, Eff. 2/1/13; AMD, 2015 MAR p. 820, Eff. 6/26/15; AMD, 2019 MAR p. 431, Eff. 4/27/19; TRANS and AMD, from 24.156.2761, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Mont. Admin. R. 24.112.508 Expired License

(1) An expired ECP license may be reactivated upon completion of an expired license renewal application. To reactivate an expired license, an ECP shall:

(a) meet department requirements under ARM 24.101.403 and 24.101.408; and

(b) provide documentation of completion of all renewal requirements required under ARM 24.112.2101.

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 50-6-203, MCA
History: NEW, 2004 MAR p. 188, Eff. 1/30/04; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2009 MAR p. 415, Eff. 4/17/09; AMD, 2013 MAR p. 120, Eff. 2/1/13; AMD, 2015 MAR p. 820, Eff. 6/26/15; AMD, 2019 MAR p. 431, Eff. 4/27/19; TRANS and AMD, from 24.156.2719, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Mont. Admin. R. 24.112.511 Licensure by Apprenticeship

(1) Applicants for licensure by apprenticeship must:

(a) complete an apprenticeship through the Montana Registered Apprenticeship Program; and

(b) pass examinations as described in ARM 24.112.501.

History

Authorizing statute(s): 37-1-148, 50-6-203, MCA
Implementing statute(s): 37-1-148, 50-6-203, MCA
History: NEW, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Subchapter 24.112.21 Continuing Education

Mont. Admin. R. 24.112.2101 Continued Competency Requirements

(1) All licensed ECPs are required to complete continued competency requirements prior to their license expiration date.

(2) Proof of completion shall be retained by the ECP and submitted to the department upon request in one of the following forms:

(a) a current active or inactive NREMT certification card; or

(b) a certificate of completion, issued and signed by the lead instructor and/or medical director, of the NREMT continued competency training requirements.

(3) The lead instructor is responsible for the quality, consistency, and management of the continued competency training at the EMR and EMT levels and shall maintain records of all courses conducted including an agenda and detailed student performances that document the licensee's ability demonstrated during the training.

(4) The medical director is responsible for the quality, consistency, and management of the continued competency training at the EMT with endorsement(s), AEMT, and paramedic levels. The medical director may assign duties as appropriate, but retains the overall responsibility for the training.

(5) All ECPs shall affirm understanding of their recurring duty to comply with continued competency requirements as part of license renewal.

(a) The ECP is responsible for maintaining documentation of completed continued competency training and their medical director's authorization/attestation of continued competence (including endorsement skills) on a department-approved form which shall be made available to the department upon request.

(b) The medical director may require the ECP to complete training to ensure competency of endorsement skills.

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 50-6-203, MCA
History: NEW, 2013 MAR p. 120, Eff. 2/1/13; AMD, 2015 MAR p. 820, Eff. 6/26/15; AMD, 2017 MAR p. 487, Eff. 4/29/17; AMD, 2019 MAR p. 431, Eff. 4/27/19; AMD, 2020 MAR p. 679, Eff. 4/18/20; AMD, 2022 MAR p. 520, Eff. 4/16/22; TRANS and AMD, from 24.156.2718, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Subchapter 24.112.23 Unprofessional Conduct

Mont. Admin. R. 24.112.2301 Unprofessional Conduct

(1) It is unprofessional conduct for a licensee or applicant to:

(a) violate any statute, rule, or standard of care governing their scope of practice;

(b) fail to report to the department within thirty days from the date of a final judgment, order, or agency action, all information related to malpractice, misconduct, criminal, or disciplinary action in which the licensee or applicant is a party;

(d) administer, dispense, prescribe, order, or otherwise divert a controlled substance as defined by the federal Food and Drug Administration or its successors, otherwise than in the course of legitimate or reputable professional practice;

(e) regarding patient records, fail to:

(i) appropriately secure records;

(ii) appropriately document patient care; or

(iii) transfer records to another licensed health care provider, the patient, or the patient's representative when requested to do so by the patient or the patient's legally designated representative;

(f) fail to cooperate with or respond to a department request or investigation;

(g) fail to report an incident of unsafe practice or unethical conduct of another licensee to the licensing authority;

(h) perform services or use machines or devices that are outside of the licensee's scope of practice;

(i) practice under unsanitary or unsafe conditions;

(j) commit any act of sexual abuse, misconduct, or exploitation whether or not it is related to the licensee's practice;

(k) while under investigation or during a pending complaint, in Montana or elsewhere, but prior to a determination:

(i) withdraw an application for licensure, certification, or registration; or

(ii) voluntarily relinquish or surrender a professional or occupational license, certification, registration, or privileges;

(l) fail to adequately supervise apprentices.

History

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 50-6-203, MCA
History: NEW, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.

Chapter 24.114 Board of Architects and Landscape Architects

Subchapter 24.114.1 Organizational Rule

Mont. Admin. R. 24.114.101 Board Organization

(1) The Board of Architects and Landscape Architects adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2017 MAR p. 2076, Eff. 11/10/17.

Subchapter 24.114.2 Procedural Rules

Mont. Admin. R. 24.114.201 Procedural Rules

(1) The Board of Architects and Landscape Architects adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.114.202 Public Participation

(1) The Board of Architects and Landscape Architects adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1990 MAR p. 583, Eff. 3/30/90; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2017 MAR p. 2076, Eff. 11/10/17; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.114.3 Definitions

Mont. Admin. R. 24.114.301 Definitions

(1) "AIA" means the American Institute of Architects.

(2) "ARE" means the Architect Registration Examination, a proprietary exam developed and administered by NCARB.

(3) "AXP" means the Architectural Experience Program comprehensive experience requirement program formerly referenced as the IDP administered by NCARB.

(4) "CACB/CCCA" means the Canadian Architectural Certification Board/Conseil canadien de certification en architecture.

(5) "CLARB" means the Council of Landscape Architects Registration Boards, an international professional organization that provides testing and certification of landscape architects. CLARB may be contacted at www.clarb.org .

(6) "CLARB record" means the CLARB verification of education, experience, examination, licensure history, and professional references.

(7) "Emergency" means earthquake, eruption, flood, storm, hurricane, or other catastrophe designated as a major disaster or emergency by the President of the United States or Governor or other duly authorized official of the state.

(8) "HSW" means health, safety, and welfare continuing education as designated by the American Institute of Architects, American Society of Landscape Architects, Interior Design Continuing Education Council registries, or NCARB.

(9) "Incidental architectural services" per 37-65-103, MCA, means:

(a) those architectural services that are incidental to a professional engineer's engineering practice, which:

(i) can be safely and competently performed by the professional engineer without jeopardizing the health, safety, and welfare of the public;

(ii) are in an area where the professional engineer has demonstrated competence by adequate education, training, and experience;

(iii) arise from, and are directly related to professional engineering work performed by the professional engineer;

(iv) are substantially less in scope and magnitude when compared to the professional engineering work performed or to be performed by the professional engineer; and

(v) comply with all of the laws of Montana relating to the practice of architecture.

(b) A professional engineer performing incidental practice as stated in this rule shall:

(i) perform only that part of the work for which the professional engineer is professionally qualified;

(ii) use architects or other appropriately licensed professionals for those portions of the work in which the professional engineer is not qualified;

(iii) assume responsibility for compliance with all laws, codes, rules, and ordinances of the state or its political subdivisions pertaining to the documents; and

(iv) not hold himself/herself out to be an architect or as performing architectural services.

(10) "LARE" means Landscape Architect Registration Exam, a proprietary exam developed and administered by CLARB.

(11) "NAAB" means National Architectural Accrediting Board.

(12) "NCARB" means the National Council of Architectural Registration Boards. NCARB may be contacted at www.ncarb.org .

(13) "NCARB certificate" means evidence of meeting the NCARB requirements for character, education, training, examination, and registration by an NCARB member board.

(14) "NCARB record" means the NCARB verification and maintenance of a compilation of an applicant's education, experience, examination, and registrations.

(15) "Responsible control" means the amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects and landscape architects applying the required professional "standard of care" including but not limited to an architect's integration of information from manufacturers, suppliers, installers, the architect's consultants, owners, contractors, or other sources the architect reasonably trusts that is incidental to and intended to be incorporated into the architect's technical submissions if the architect has coordinated and reviewed such information. Other review, or review and correction, of technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed professional knowledge of the content of such submissions throughout their preparation. Any licensed architect signing or sealing technical submissions not prepared by that architect but prepared under that architect's responsible control by someone not regularly employed in the office of the architect shall maintain and make available to the board upon request for at least five years following such signing and sealing adequate and complete records demonstrating the nature and extent of the architect's control over and detailed knowledge of such technical submissions throughout their preparation.

(16) "Technical submissions" means the drawing, specifications, studies, and other technical reports prepared in the course of practicing architecture.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-65-204, MCA
Implementing statute(s): 37-1-131, 37-1-319, 37-65-103, 37-65-303, 37-66-304, MCA
History: NEW, 2000 MAR p. 2298, Eff. 8/25/00; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2006 MAR p. 1381, Eff. 6/2/06; AMD, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2014 MAR p. 2013, Eff. 9/5/14; AMD, 2017 MAR p. 2076, Eff. 11/10/17.

Subchapter 24.114.4 General Provisions

Mont. Admin. R. 24.114.401 Fee Schedule

(1) The following fees apply to architects:

(a) Application fee for applicants registered in another state or jurisdiction $100

(b) Application fee for licensure by examination 50

(d) Original license fee 80

(e) Emeritus license fee 25

(2) The following fees apply to landscape architects:

(a) Application for board approval to sit for exam $50

(b) Application fee 325

(3) Additional standardized fees are specified in ARM 24.101.403.

(4) All fees are nonrefundable.

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-65-204, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-65-307, 37-66-309, MCA
History: NEW, 1982 MAR p. 1476, Eff. 7/30/82; AMD, 1983 MAR p. 645, Eff. 6/17/83; AMD, 1984 MAR p. 499, Eff. 3/30/84; AMD, 1988 MAR p. 166, Eff. 1/29/88; AMD, 1990 MAR p. 583, Eff. 3/30/90; AMD, 1996 MAR p. 3210, Eff. 12/20/96; AMD, 1998 MAR p. 449, Eff. 2/13/98; AMD, 2000 MAR p. 2298, Eff. 8/25/00; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2002 MAR p. 175, Eff. 2/1/02; AMD, 2006 MAR p. 1381, Eff. 6/2/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2008 MAR p. 1481, Eff. 7/18/08; AMD, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2009 MAR p. 2151, Eff. 11/13/09; AMD, 2010 MAR p. 1078, Eff. 4/30/10; AMD, 2017 MAR p. 2076, Eff. 11/10/17; AMD, 2021 MAR p. 1406, Eff. 10/23/21.

Mont. Admin. R. 24.114.402 Architect Seal

(1) All technical submissions prepared by an architect must be stamped and signed with the architect's seal. The permit set must bear the architect's original signature. Electronically generated seals and signatures are acceptable under this rule.

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-1-131, 37-65-308, MCA
History: Eff. 12/31/72; AMD, 1977 MAR p. 103, Eff. 9/23/77; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 789, Eff. 5/16/86; AMD, 1987 MAR p. 253, Eff. 3/13/87; AMD, 1995 MAR p. 352, Eff. 3/17/95; AMD, 1998 MAR p. 449, Eff. 2/13/98; AMD, 2000 MAR p. 2298, Eff. 8/25/00; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2006 MAR p. 1381, Eff. 6/2/06; AMD, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2017 MAR p. 2076, Eff. 11/10/17.

Mont. Admin. R. 24.114.403 Architect Business Entity Practice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): History: 35-4-301, 35-8-1304, 37-1-131, 37-65-204, MCA
Implementing statute(s): 35-4-205, 35-4-207, 35-4-208, 35-4-209, 35-4-301, 35-8-1301, 35-8-1304, 37-65-101, 37-65-302, MCA
History: NEW, 2000 MAR p. 2298, Eff. 8/25/00; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2005 MAR p. 2077, Eff. 10/28/05; AMD, 2006 MAR p. 1381, Eff. 6/2/06; AMD, 2009 MAR p. 413, Eff. 4/17/09; REP, 2010 MAR p. 1080, Eff. 4/30/10.

Mont. Admin. R. 24.114.404 Architect Partnerships to File Statement with Board Office

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 35-4-209, 37-65-302, MCA
History: NEW, 1986 MAR p. 789, Eff. 5/16/86; AMD, 1998 MAR p. 449, Eff. 2/13/98; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2006 MAR p. 1381, Eff. 6/2/06; REP, 2009 MAR p. 413, Eff. 4/17/09.

Mont. Admin. R. 24.114.405 Qualifications Required for Montana Branch Office

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-65-303, MCA
History: Eff. 12/31/72; AMD, Eff. 7/5/74; AMD, 1980 MAR p. 1720, Eff. 6/27/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 789, Eff. 5/16/86; AMD, 1990 MAR p. 583, Eff. 3/30/90; AMD, 2000 MAR p. 2298, Eff. 8/25/00; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2006 MAR p. 1381, Eff. 6/2/06; REP, 2010 MAR p. 1080, Eff. 4/30/10.

Mont. Admin. R. 24.114.406 Solicitation of Business by Nonresident Architects

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-65-301, MCA
History: NEW, 1996 MAR p. 3210, Eff. 12/20/96; AMD, 1998 MAR p. 449, Eff. 2/13/98; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2006 MAR p. 1381, Eff. 6/2/06; REP, 2017 MAR p. 2076, Eff. 11/10/17.

Mont. Admin. R. 24.114.407 Emergency Use of Architects

(1) A person who is not licensed to practice architecture in this state and is currently licensed in another United States or Canadian jurisdiction may provide uncompensated (other than reimbursement of expenses) professional services at the scene of an emergency at the request of a public officer, public safety officer, or municipal or county building inspector, acting in an official capacity.

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-1-131, 37-65-101, 37-65-301, MCA
History: NEW, 2000 MAR p. 2298, Eff. 8/25/00; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2006 MAR p. 1381, Eff. 6/2/06; AMD, 2009 MAR p. 413, Eff. 4/17/09.

Mont. Admin. R. 24.114.408 Fee Abatement

(1) The Board of Architects and Landscape Architects adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

(2) A copy of ARM 24.101.301 is available by contacting the Board of Architects and Landscape Architects, 301 South Park Avenue, P.O. Box 200513, Helena, MT 59620-0513.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2005 MAR p. 2077, Eff. 10/28/05; AMD, 2017 MAR p. 2076, Eff. 11/10/17.

Mont. Admin. R. 24.114.409 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Architects and Landscape Architects publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-325, Eff. 12/20/25.

Mont. Admin. R. 24.114.411 Military Training or Experience

(1) Pursuant to 37-1-145, MCA, the board shall accept relevant military training, service, or education toward the requirements for licensure as an architect or landscape architect.

(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;

(d) military reserves.

(3) An applicant must submit satisfactory evidence of receiving military training, service, or education that is equivalent to relevant licensure requirements as an architect or landscape architect. Satisfactory evidence shall include:

(a) a copy of the applicant's military discharge document (DD 214 or other discharge documentation);

(b) a document that clearly shows all relevant training, certification, service, or education the applicant received while in the military, including dates of training and completion or graduation; and

(4) The board shall consider all documentation received to determine whether an applicant's military training, service, or education is equivalent to relevant licensure requirements.

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 853, Eff. 4/25/14; AMD, 2017 MAR p. 2076, Eff. 11/10/17.

Subchapter 24.114.5 Licensing for Architects

Mont. Admin. R. 24.114.501 Architect Examination

(1) Eligibility for admission to the ARE must be verified by the NCARB record and satisfied in accordance with the NCARB requirements. The requirements are available at www.ncarb.org .

(2) Applicants for the ARE must establish an NCARB record and:

(a) submit an application for examination through the NCARB direct registration program;

(b) meet the education standards requirements of NCARB either:

(i) by holding a degree in architecture from a school of architecture, the degree curriculum of which was accredited by the NAAB or CACB/CCCA not later than two years after graduation or retained its accreditation without revocation for two years or less before graduation; or

(ii) by actively participating in a NAAB-accepted integrated path to architectural licensure option within a NAAB-accredited degree program; or

(iii) by meeting education standards through the NCARB Education Evaluation Service for Architects (EESA) evaluation; and

(3) Applicants may retake any section of the examination that the applicant failed to pass in accordance with the NCARB requirements.

(4) Examination records are confidential and not considered public records. The board may report applicants' examination scores to architectural registration boards in other jurisdictions or to NCARB.

(5) The ARE is a proprietary examination developed and administered by NCARB. The board does not provide examination review of any type.

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-1-131, 37-65-303, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 2662, Eff. 9/26/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 789, Eff. 5/16/86; AMD, 1990 MAR p. 583, Eff. 3/30/90; AMD, 1992 MAR p. 1468, Eff. 7/17/92; AMD, 1995 MAR p. 352, Eff. 3/17/95; AMD, 1996 MAR p. 3210, Eff. 12/20/96; AMD, 1998 MAR p. 449, Eff. 2/13/98; AMD, 2000 MAR p. 2298, Eff. 8/25/00; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2002 MAR p. 175, Eff. 2/1/02; AMD, 2002 MAR p. 3046, Eff. 11/1/02; AMD, 2006 MAR p. 1381, Eff. 6/2/06; AMD, 2008 MAR 1481, Eff. 7/18/08; AMD, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2011 MAR p. 2397, Eff. 11/11/11; AMD, 2017 MAR p. 2076, Eff. 11/10/17; AMD, 2019 MAR p. 1052, Eff. 7/27/19.

Mont. Admin. R. 24.114.502 Architect Licensure by Examination

(1) Applicants for licensure by examination shall:

(a) submit to the board a completed application, on forms prescribed by the department, including all required fees and documentation;

(b) take and pass the ARE;

(d) complete the AXP requirements; and

(e) submit a complete NCARB record.

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-1-131, 37-65-301, 37-65-303, MCA
History: NEW, 2000 MAR p. 2298, Eff. 8/25/00; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2006 MAR p. 1381, Eff. 6/2/06; AMD, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2017 MAR p. 2076, Eff. 11/10/17; AMD, 2019 MAR p. 1052, Eff. 7/27/19.

Mont. Admin. R. 24.114.503 Licensure of Applicants Registered in Another State

(1) Applicants holding a valid license to practice architecture in another state or jurisdiction shall:

(a) submit a completed application including all required fees and documentation; and

(b) present proof the applicant is the holder of a current NCARB certificate.

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-1-304, 37-65-301, MCA
History: Eff. 12/31/72; AMD, Eff. 10/5/74; AMD, 1979 MAR p. 1391, Eff. 11/16/79; AMD, 1980 MAR p. 1720, Eff. 6/27/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1476, Eff. 7/30/82; AMD, 1987 MAR p. 253, Eff. 3/13/87; AMD, 1994 MAR p. 1577, Eff. 6/10/94; AMD, 1996 MAR p. 3210, Eff. 12/20/96; AMD, 1998 MAR p. 449, Eff. 2/13/98; AMD, 2000 MAR p. 2298, Eff. 8/25/00; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2002 MAR p. 175, Eff. 2/1/02; AMD, 2002 MAR p. 3046, Eff. 11/1/02; AMD, 2006 MAR p. 1381, Eff. 6/2/06; AMD, 2014 MAR p. 2013, Eff. 9/5/14; AMD, 2017 MAR p. 2076, Eff. 11/10/17; AMD, 2020 MAR p. 790, Eff. 5/1/20.

Mont. Admin. R. 24.114.506 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.114.507 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.114.510 Architects-in-Training

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-65-301, MCA
History: NEW, 1998 MAR p. 449, Eff. 2/13/98; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2006 MAR p. 1381, Eff. 6/2/06; REP, 2017 MAR p. 2076, Eff. 11/10/17.

Mont. Admin. R. 24.114.515 Architect Emeritus Status

(1) A licensee who has terminated his or her practice of architecture may apply for a certificate of emeritus status by submitting to the board a completed application for emeritus status and the fee established by ARM 24.114.401.

(2) Emeritus status does not require annual renewal.

(3) An emeritus licensee who wants to hold an active license must:

(a) file a new license application, indicating they hold a current emeritus license;

(b) hold a complete NCARB record;

(d) pay all application fees.

History

Authorizing statute(s): 37-65-204, MCA
Implementing statute(s): 37-65-311, MCA
History: NEW, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2017 MAR p. 2076, Eff. 11/10/17.

Subchapter 24.114.14 Licensing for Landscape Architects

Mont. Admin. R. 24.114.1401 Landscape Architect Licensure by Examination

(1) Applicants must submit a complete application form, the application fee, and:

(a) a complete CLARB record, or

(b) proof of education and professional experience established in ARM 24.114.1402, which must include:

(i) verification of completion of education submitted directly from the source;

(ii) experience detail sheets verified by the licensed supervisor under whose direct supervision the applicant has worked; and

(iii) verification of successful completion of the LARE.

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-1-131, 37-66-301, 37-66-304, MCA
History: NEW, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2009 MAR p. 2151, Eff. 11/13/09; AMD, 2011 MAR p. 2397, Eff. 11/11/11; AMD, 2017 MAR p. 2076, Eff. 11/10/17.

Mont. Admin. R. 24.114.1402 Education and Experience Required for Landscape Architect Licensure

(1) Applicants for licensure must meet the following minimum requirements for education and experience:

(a) an applicant with an accredited landscape architect degree must have at least two years of practical experience in landscape architecture;

(b) an applicant with a nonaccredited landscape architect degree must have three years of practical experience in landscape architecture;

(c) an applicant with a bachelor's degree other than in landscape architecture must have four years of practical experience in landscape architecture;

(d) an applicant with an associate's degree must have six years of practical experience in landscape architecture; or

(e) an applicant with no post-secondary education must have eight years of practical experience in landscape architecture.

(2) At least two-thirds of the applicable practical experience must be gained under the direct supervision of a licensed landscape architect. The remaining one-third of the applicable practical experience can be gained under the direct supervision of a licensed civil engineer, licensed architect, or a city planner certified by a nationally recognized certifying body (e.g., American Institute of Certified Planners).

(a) "Practical experience" means a diversity of experience directly related to landscape architecture.

(b) "Direct supervision" means working conditions where a design professional supervises the applicant through personal contact and/or remote communication (e-mail, online markups, Internet), and is directly responsible for all tactical and technical decisions on the applicant's work.

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-1-131, 37-66-304, MCA
History: NEW, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2009 MAR p. 2151, Eff. 11/13/09; AMD, 2011 MAR p. 2397, Eff. 11/11/11; AMD, 2017 MAR p. 2076, Eff. 11/10/17; AMD, 2019 MAR p. 1052, Eff. 7/27/19.

Mont. Admin. R. 24.114.1403 Landscape Architect Examinations

(1) The LARE is the recognized and acceptable qualifying examination.

(2) All candidates must schedule and sit for the LARE through CLARB. The board has established no education or experiential prerequisites to examination.

(3) Candidates who do not meet the testing eligibility requirements set by the testing entity may submit a request for board approval to sit for the exam and pay the fee set by ARM 24.114.401. The request shall be submitted on a form provided by the department.

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-1-131, 37-66-304, MCA
History: NEW, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2009 MAR p. 2151, Eff. 11/13/09; AMD, 2017 MAR p. 2076, Eff. 11/10/17.

Mont. Admin. R. 24.114.1404 Landscape Architect Licensure by Endorsement

(1) Applicants holding a valid license to practice landscape architecture in another state or jurisdiction shall:

(a) submit a completed application including all required fees and documentation; and

(b) present proof the applicant is the holder of a current CLARB record; or

(i) provide written verification of licensure from the licensing entities in all jurisdictions where the applicant currently holds a license or has ever been licensed; and

(ii) submit verification from CLARB of passing all sections of the LARE.

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-66-304, MCA
History: NEW, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2017 MAR p. 2076, Eff. 11/10/17; AMD, 2020 MAR p. 790, Eff. 5/1/20.

Mont. Admin. R. 24.114.1410 Landscape Architect Seal

(1) Every licensed landscape architect must have a seal that contains the name of the landscape architect, the landscape architect's Montana license number, the signature of the licensed landscape architect, and the words "LICENSED LANDSCAPE ARCHITECT, STATE OF MONTANA."

(2) For the purpose of sealing printed drawings, specifications, and other appropriate documents, each landscape architect must obtain an embossing or rubber stamp and a reproduction facsimile of the seal to be used on documents prepared by or under the supervision of a licensed landscape architect. The seal or reproducible facsimile must be applied on all original drawings to produce legible reproduction on all copies or prints made from the drawings.

(3) A signature is an original manual signature of the landscape architect or a digital signature. A digital signature must either have an electronic authentication process attached or must be logically associated with an electronic document and unique to the person using it; capable of verification; under the sole control of the person using it; and linked to a document in such a manner that the digital signature is invalidated if any data in the document are changed.

(4) When the efforts of more than one licensed landscape architect combine to produce documents requiring a seal, only one licensed landscape architect is required to affix a seal to the document.

History

Authorizing statute(s): 37-65-204, MCA
Implementing statute(s): 37-66-308, MCA
History: NEW, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2017 MAR p. 2076, Eff. 11/10/17.

Subchapter 24.114.21 Renewals and Continuing Education

Mont. Admin. R. 24.114.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-1-131, 37-1-141, MCA
History: Eff. 12/31/72; AMD, 1977 MAR p. 104, Eff. 9/23/77; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1476, Eff. 7/30/82; AMD, 1990 MAR p. 583, Eff. 3/30/90; AMD, 1998 MAR p. 449, Eff. 2/13/98; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2002 MAR p. 175, Eff. 2/1/02; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2014 MAR p. 2013, Eff. 9/5/14; REP, 2017 MAR p. 2076, Eff. 11/10/17.

Mont. Admin. R. 24.114.2103 Replacement Licenses

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-65-204, MCA
Implementing statute(s): 37-1-131, MCA
History: NEW, 2009 MAR p. 413, Eff. 4/17/09; REP, 2017 MAR p. 2076, Eff. 11/10/17.

Mont. Admin. R. 24.114.2105 Architect Continuing Education Requirements

(1) Active licensed architects shall obtain 12 hours of HSW continuing education (CE) every calendar year by December 31.

(a) Licensees who have been granted emeritus status are exempt from the CE requirements.

(b) Continuing education is not required for licensees renewing their licenses for the first time.

(2) Licensees will be required to affirm their understanding of the basic requirement of 12 hours of continuing education completed during the calendar year immediately preceding the annual renewal.

(3) Continuing education courses must be formal group or self-study courses designed to increase or update the knowledge and professional competence of architects in technical and professional subjects related to the practice of architecture that safeguard the public's health, safety, and welfare, as follows:

(a) acquired in structured educational activities;

(b) provided by individuals or organizations approved by the American Institute of Architects Continuing Education System, Landscape Architect Continuing Education System, or Interior Design Continuing Education Council; and

(c) at least 75 percent of the course content and instruction time must be devoted to health, safety, and welfare subjects necessary for proper evaluation, design, construction, and utilization of buildings and the built environment that are within the following areas:

(i) Practice Management focuses on areas related to the management of architectural practice and the details of running a business. Examples include applicable laws and regulations, ethics, insurance to protect the owner and public, business management, risk management, information management, design for community needs, and supervisor training.

(ii) Project Management focuses on areas related to the management of architectural projects through execution. Examples include project delivery methods, contract negotiation, pre-design services, site and soils analysis, consultant management, and project scheduling.

(iii) Program & Analysis focuses on areas related to the evaluation of project requirements, constraints, and opportunities. Examples include land-use analysis, programming, site selection, historic preservation, adaptive reuse, codes, regulations, standards, natural resources, environmental impact and ecosystem risk assessment, hazardous materials, resilience to natural and human impacts, life safety, and feasibility.

(iv) Project Planning & Design focuses on areas related to the preliminary design of sites and buildings. Examples include building systems, urban planning, master planning, building design, site design, safety and security measures, impacts adaptions and mitigation of a changing climate, energy efficiency and positive energy design, sustainability, indoor air quality, ergonomics, lighting, acoustics, accessibility, construction systems, and budget development.

(v) Project Development & Documentation focuses on areas related to the integration and documentation of building systems, material selection, and material assemblies into a project. Examples include construction documents, materials and assemblies, fixture furnishing, and equipment.

(vi) Construction & Evaluation focuses on areas related to construction contract administration and post-occupancy evaluation of projects. Examples include construction contract administration, bidding and negotiation, post occupancy evaluation (POE), and building commissioning.

(4) The department will not pre-approve CE courses.

(5) All licensees shall retain course completion certificates or AIA CE transcripts for a minimum of two years, for auditing purposes. Course completion certificates must contain all of the following:

(a) date of course;

(b) location of course;

(d) name of licensee;

(e) approval organization's course approval number; and

(f) number of completed hours of instruction.

(6) Audited licensees must furnish to the department certificates of completion or AIA CE transcripts to verify completion of the 12-hour CE requirement.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, MCA
History: NEW, 2014 MAR p. 2013, Eff. 9/5/14; AMD, 2017 MAR p. 2076, Eff. 11/10/17; AMD, 2019 MAR p. 1052, Eff. 7/27/19.

Subchapter 24.114.23 Unprofessional Conduct

Mont. Admin. R. 24.114.2301 Unprofessional Conduct

(1) Violation of any of these standards by a licensee constitutes unprofessional conduct and is grounds for disciplinary action:

(a) being incompetent or negligent, or using any practice or procedure in the practice of the profession which creates an unreasonable risk of physical harm or serious financial loss to the client or to the public;

(b) practicing beyond the scope of knowledge and expertise of the licensee as defined by law;

(d) failing to supervise the work of another whereby the supervisor has both responsible control over and detailed professional knowledge of the work prepared under the supervisor's supervision;

(e) accepting compensation for professional services from more than one party on a project, unless the circumstances are fully disclosed to and agreed to in writing by all interested parties;

(f) soliciting or accepting compensation from material or equipment suppliers in return for specifying or endorsing their products;

(g) performing professional services with or after acquiring a conflict of interest that is not fully disclosed and waived in writing by all parties;

(h) misrepresenting to a prospective or existing client or employer the licensee's qualifications and the scope of responsibility in connection with work for which the licensee is claiming credit or being compensated;

(i) offering or making any gifts, other than gifts of nominal value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the licensee is interested;

(j) making public statements on professional questions, without disclosing that the licensee is being compensated for making such statements;

(k) knowingly injuring or attempting to injure, falsely or maliciously, directly or indirectly, the professional reputation, prospects or practice of another licensed architect or landscape architect;

(l) representing the work of others as the licensee's own;

(m) using or altering material prepared by another person without the knowledge and consent of that person;

(n) performing professional services which have not been authorized by the client or the client's legal representative;

(o) failure to disclose in writing to a client any business association or direct or indirect financial interest that is substantial enough to influence the licensee's professional judgment in connection with the performance of services to a client;

(p) signing or attaching a seal to drawings, specifications, reports, or other professional work for which the licensee does not have responsible control or direct professional knowledge;

(q) failure to comply with the continuing education requirement;

(r) failure to comply with the deadline and documentation reporting requirement of a CE audit;

(s) failing to respond to correspondence from the board or to comply with orders of the board;

(t) willfully making or filing false reports or records; and

(u) failure to comply with the provisions of Title 37, chapter 65 or chapter 66, MCA, or these rules.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-316, MCA
History: NEW, Eff. 7/5/74; AMD, 1978 MAR p. 1487, Eff. 10/27/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1987 MAR p. 253, Eff. 3/13/87; AMD, 1990 MAR p. 583, Eff. 3/30/90; AMD, 1995 MAR p. 352, Eff. 3/17/95; AMD, 1996 MAR p. 3210, Eff. 12/20/96; AMD, 1998 MAR p. 449, Eff. 2/13/98; AMD, 2000 MAR p. 2298, Eff. 8/25/00; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2006 MAR p. 1381, Eff. 6/2/06; AMD, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2014 MAR p. 2013, Eff. 9/5/14; AMD, 2017 MAR p. 2076, Eff. 11/10/17; AMD, 2019 MAR p. 1052, Eff. 7/27/19.

Subchapter 24.114.24 Complaint Procedures

Mont. Admin. R. 24.114.2401 Complaint Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-65-204, MCA
Implementing statute(s): 37-1-308, 37-1-309, MCA
History: NEW, 1996 MAR p. 3210, Eff. 12/20/96; TRANS, from Commerce, 2002 MAR p. 173; REP, 2006 MAR p. 1381, Eff. 6/2/06.

Mont. Admin. R. 24.114.2402 Screening and Adjudication Panels

(1) The board screening panel consists of three members of the board and includes at least one architect and one landscape architect, as chosen by the board president. The president may reappoint or replace screening panel members as necessary at the president's discretion.

(2) The board adjudication panel consists of three members of the board and includes at least one architect and one landscape architect, as chosen by the board president. The president may reappoint or replace adjudication panel members as necessary at the president's discretion.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-131, 37-1-307, MCA
History: NEW, 1996 MAR p. 3210, Eff. 12/20/96; AMD, 1998 MAR p. 449, Eff. 2/13/98; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2006 MAR p. 1381, Eff. 6/2/06; AMD, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2017 MAR p. 2076, Eff. 11/10/17.

Chapter 24.117 Athletics Program (repealed)

Subchapter 24.117.1 Organizational Rule

Mont. Admin. R. 24.117.101 Board Organization

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1984 MAR p. 437, Eff. 3/16/84; TRANS, from Commerce, 2001 MAR p. 2148; REP, 2014 MAR p. 2954, Eff. 12/12/14.

Subchapter 24.117.2 Procedural Rules

Mont. Admin. R. 24.117.201 Procedural Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1984 MAR p. 437, Eff. 3/16/84; TRANS, from Commerce, 2001 MAR p. 2148; AMD, 2017 MAR p. 786, Eff. 6/10/17; REP, 2019 MAR p. 544, Eff. 5/11/19.

Mont. Admin. R. 24.117.202 Public Participation Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1984 MAR p. 437, Eff. 3/16/84; TRANS, from Commerce, 2001 MAR p. 2148; AMD, 2017 MAR p. 786, Eff. 6/10/17; REP, 2019 MAR p. 544, Eff. 5/11/19.

Subchapter 24.117.3 Definitions

Mont. Admin. R. 24.117.301 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-301, 23-3-402, 23-3-404, 23-3-405, MCA
History: NEW, 1984 MAR p. 437, Eff. 3/16/84; AMD, 1986 MAR p. 200, Eff. 2/14/86; AMD, 1993 MAR p. 1109, Eff. 5/28/93; AMD, 1998 MAR p. 2858, Eff. 10/23/98; TRANS, from Commerce, 2001 MAR p. 2148; AMD, 2001 MAR p. 2150, Eff. 10/26/01; AMD, 2006 MAR p. 1161, Eff. 5/5/06; AMD, 2017 MAR p. 786, Eff. 6/10/17; REP, 2019 MAR p. 544, Eff. 5/11/19.

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-402, MCA
History: NEW, 2017 MAR p. 786, Eff. 6/10/17; REP, 2019 MAR p. 544, Eff. 5/11/19.

Subchapter 24.117.5 Promoter Regulations

Mont. Admin. R. 24.117.502 Promoter-Matchmaker

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-404, 23-3-405, 23-3-501, 23-3-601, MCA
History: NEW, 1984 MAR p. 437, Eff. 3/16/84; AMD, 1993 MAR p. 1109, Eff. 5/28/93; AMD, 1994 MAR p. 1670, Eff. 6/24/94; AMD, 1996 MAR p. 1664, Eff. 6/21/96; AMD, 1998 MAR p. 2858, Eff. 10/23/98; TRANS, from Commerce, 2001 MAR p. 2148; AMD, 2001 MAR p. 2150, Eff. 10/26/01; AMD, 2002 MAR p. 3603, Eff. 12/27/02; REP, 2006 MAR p. 1161, Eff. 5/5/06.

Mont. Admin. R. 24.117.503 Promoter

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-404, 23-3-405, 23-3-501, MCA
History: NEW, 2006 MAR p. 1161, Eff. 5/5/06; AMD, 2017 MAR p. 786, Eff. 6/10/17; REP, 2019 MAR p. 544, Eff. 5/11/19.

Subchapter 24.117.6 Event License and Regulation

Mont. Admin. R. 24.117.601 Event License and Regulation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-3-405, 23-3-503, MCA
Implementing statute(s): 23-3-405, 23-3-503, MCA
History: NEW, 1984 MAR p. 437, Eff. 3/16/84; AMD, 1993 MAR p. 1109, Eff. 5/28/93; TRANS, from Commerce, 2001 MAR p. 2148; AMD, 2006 MAR p. 1161, Eff. 5/5/06; AMD, 2017 MAR p. 786, Eff. 6/10/17; REP, 2019 MAR p. 544, Eff. 5/11/19.

Mont. Admin. R. 24.117.602 Tickets

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-405, MCA
History: NEW, 1984 MAR p. 437, Eff. 3/16/84; AMD, 1993 MAR p. 1320, Eff. 5/28/93; TRANS, from Commerce, 2001 MAR p. 2148; AMD, 2006 MAR p. 1161, Eff. 5/5/06; REP, 2017 MAR p. 786, Eff. 6/10/17.

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-405, MCA
History: NEW, 1984 MAR p. 437, Eff. 3/16/84; AMD, 1989 MAR p. 967, Eff. 7/28/89; AMD, 1993 MAR p. 1109, Eff. 5/28/93; AMD, 1998 MAR p. 2858, Eff. 10/23/98; TRANS, from Commerce, 2001 MAR p. 2148; AMD, 2006 MAR p. 1161, Eff. 5/5/06; AMD, 2017 MAR p. 786, Eff. 6/10/17; REP, 2019 MAR p. 544, Eff. 5/11/19.

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-405, MCA
History: NEW, 1984 MAR p. 437, Eff. 3/16/84; AMD, 1989 MAR p. 967, Eff. 7/28/89; AMD, 1990 MAR p. 1143, Eff. 6/15/90; AMD, 1993 MAR p. 1109, Eff. 5/28/93; TRANS, from Commerce, 2001 MAR p. 2148; AMD, 2006 MAR p. 1161, Eff. 5/5/06; AMD, 2017 MAR p. 786, Eff. 6/10/17; REP, 2019 MAR p. 544, Eff. 5/11/19.

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-404, 23-3-405, 23-3-501, MCA
History: NEW, 2006 MAR p. 1161, Eff. 5/5/06; AMD, 2017 MAR p. 786, Eff. 6/10/17; REP, 2019 MAR p. 544, Eff. 5/11/19.

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-405, MCA
History: NEW, 2001 MAR p. 2150, Eff. 10/26/01; AMD, 2006 MAR p. 1161, Eff. 5/5/06; REP, 2014 MAR p. 2954, Eff. 12/12/14.

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-405, MCA
History: NEW, 1993 MAR p. 1109, Eff. 5/28/93; TRANS, from Commerce, 2001 MAR p. 2148; REP, 2014 MAR p. 2954, Eff. 12/12/14.

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-405, MCA
History: NEW, 1984 MAR p. 437, Eff. 3/16/84; AMD, 1993 MAR p. 1109, Eff. 5/28/93; TRANS, from Commerce, 2001 MAR p. 2148; REP, 2014 MAR p. 2954, Eff. 12/12/14.

Subchapter 24.117.13 Australian Tag Team Wrestling

Mont. Admin. R. 24.117.1301 Australian Tag Team Wrestling

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-405, MCA
History: NEW, 1984 MAR p. 437, Eff. 3/16/84; AMD, 1993 MAR p. 1320, Eff. 5/28/93; TRANS, from Commerce, 2001 MAR p. 2148; REP, 2014 MAR p. 2954, Eff. 12/12/14.

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-404, 23-3-405, MCA
History: NEW, 2006 MAR p. 1161, Eff. 5/5/06; REP, 2014 MAR p. 2954, Eff. 12/12/14.

Subchapter 24.117.23 Unprofessional Conduct

Mont. Admin. R. 24.117.2301 Unprofessional Conduct

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-405, 23-3-603, MCA
History: NEW, 1996 MAR p. 1664, Eff. 6/21/96; TRANS, from Commerce, 2001 MAR p. 2148; AMD, 2017 MAR p. 786, Eff. 6/10/17; REP, 2019 MAR p. 544, Eff. 5/11/19.

Mont. Admin. R. 24.117.2303 License Suspension and Revocation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-3-405, MCA
Implementing statute(s): 23-3-405, 37-1-131, 37-1-136, 37-1-303, 37-1-307, 37-1-308, 37-1-309, 37-1-310, 37-1-311, 37-1-312, 37-1-313, 37-1-314, MCA
History: NEW, 2006 MAR p. 1161, Eff. 5/5/06; REP, 2014 MAR p. 2954, Eff. 12/12/14.

Chapter 24.118 Board of Athletic Trainers

Subchapter 24.118.1 Organizational Rule

Mont. Admin. R. 24.118.101 Board Organization (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2011 MAR p. 576, Eff. 4/15/11; AMD, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.118.2 Procedural Rules

Mont. Admin. R. 24.118.201 Procedural Rules (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2011 MAR p. 576, Eff. 4/15/11; AMD, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.118.202 Public Participation (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.118.3 Definitions

Mont. Admin. R. 24.118.301 Definitions (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-36-102, MCA
Implementing statute(s): 37-36-101, 37-36-203, MCA
History: NEW, 2011 MAR p. 576, Eff. 4/15/11; AMD, 2019 MAR p. 427, Eff. 4/27/19; AMD, 2021 MAR p. 564, Eff. 5/15/21; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.118.4 General Provisions

Mont. Admin. R. 24.118.402 Fee Schedule (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-36-102, MCA
Implementing statute(s): 37-1-134, 37-36-201, 37-36-202, MCA
History: NEW, 2008 MAR p. 1705, Eff. 8/15/08; AMD, 2011 MAR p. 576, Eff. 4/15/11; AMD, 2012 MAR p. 2378, Eff. 11/24/12; AMD, 2019 MAR p. 427, Eff. 4/27/19; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.118.403 Fee Abatement (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-36-102, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 1393, Eff. 6/27/14; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.118.21 Continuing Education

Mont. Admin. R. 24.118.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-36-102, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-309, 37-36-202, MCA
History: NEW, 2012 MAR p. 2378, Eff. 11/24/12; AMD, 2019 MAR p. 427, Eff. 4/27/19; REP, 2021 MAR p. 564, Eff. 5/15/21.

Mont. Admin. R. 24.118.2103 Continuing Education (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-36-102, MCA
Implementing statute(s): 37-1-131, 37-1-306, MCA
History: NEW, 2011 MAR p. 576, Eff. 4/15/11; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.118.23 Unprofessional Conduct

Mont. Admin. R. 24.118.2301 Unprofessional Conduct (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-36-102, MCA
Implementing statute(s): 37-1-316, 37-1-319, 37-36-202, MCA
History: NEW, 2011 MAR p. 576, Eff. 4/15/11; AMD, 2019 MAR p. 427, Eff. 4/27/19; AMD, 2021 MAR p. 564, Eff. 5/15/21; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Chapter 24.119 Board of Physical, Rehabilitative, and Developmental Health Care Professionals

Subchapter 24.119.1 Organizational Rule

Mont. Admin. R. 24.119.101 Organizational Rule

(1) The Board of Physical, Rehabilitative, and Developmental Health Care Professionals adopts and incorporates the rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.119.2 Procedural Rules

Mont. Admin. R. 24.119.201 Procedural Rules

(1) The Board of Physical, Rehabilitative, and Developmental Health Care Professionals adopts and incorporates the rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.202 Public Participation

(1) The Board of Physical, Rehabilitative, and Developmental Health Care Professionals adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.119.4 General Provisions

Mont. Admin. R. 24.119.401 Fees

(1) Fees for athletic trainers are:

(a) original application: $175;

(b) renewal: $75.

(2) Fees for occupational therapists and assistants are:

(a) original application: $190;

(b) renewal: $110;

(d) inactive status:

(i) conversion to active status: $60;

(ii) renewal: $50.

(3) Fees for physical therapists and assistants are:

(a) original application and provisional license: $100;

(b) renewal: $60.

(4) Fees for speech-language pathologists and audiologists are:

(a) speech-language pathologist, audiologist, and dual license:

(i) original application: $150;

(ii) renewal: $80;

(iii) conversion between active and inactive: $40;

(iv) speech-language pathologist limited license: $25;

(b) speech-language pathology or audiology assistant:

(i) original application: $50;

(ii) renewal: $25;

(iii) conversion between active and inactive: $20.

History

Authorizing statute(s): 37-1-131, 37-78-201, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-15-307, MCA
History: NEW, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.402 Fee Abatement

(1) The board adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-131, 37-78-201, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.403 Administrative Suspension

(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

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.405 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, 37-78-201, MCA
Implementing statute(s): 37-1-101, 37-1-131, 37-1-307, MCA
History: NEW, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.406 Applicants with Criminal Convictions

(1) The board incorporates and adopts ARM 24.101.406.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.410 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Physical, Rehabilitative, and Developmental Health Care Professionals publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.420 Inactive License -- Conversion to Active

(1) Licenses of speech-language pathologists and audiologists, speech-language pathology and audiology assistants, and occupational therapists may be placed on inactive status by paying the appropriate fee and:

(a) indicating inactive status on the renewal form; or

(b) informing the board in writing or e-mail.

(2) Inactive licensees shall:

(a) renew annually; and

(b) inform the board of all address/contact changes.

(3) Inactive status licensees may not practice in Montana.

(4) To convert from inactive to active, a speech-language pathologist or audiologist licensee or assistant must submit:

(a) documentation demonstrating completion of half the continuing education hours required in ARM 24.119.2101 for each year or portion of a year on inactive status;

(b) license verification from all jurisdictions where the licensee held a license while inactive, including a detailed explanation of all pending or final discipline imposed; and

(5) To convert from inactive to active, an occupational therapist licensee must demonstrate:

(a) full-time practice of occupational therapy in another state and completion of continuing education for each year of inactive status that is substantially equivalent to Montana’s;

(b) completion of a minimum of six hours of continuing education within the six months prior to converting to active status if the licensee has not practiced occupational therapy for more than two years; or

History

Authorizing statute(s): 37-1-319, 37-78-201, MCA
Implementing statute(s): 37-1-319, MCA
History: NEW, 2023 MAR p. 1751, Eff. 12/9/23; TRANS and AMD, from 24.222.415, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.119.8 Occupational Therapists

Mont. Admin. R. 24.119.801 Occupational Therapist Provisional License

(1) A provisional license may be obtained by occupational therapy course graduates who are waiting to sit for examination. The provisional license is valid until the person either fails the first examination for which the person is eligible following issuance of the permit or passes the examination and is granted a license. Applicants who have previously taken the national examination and failed are not eligible for a provisional license. Applicants for a provisional license must meet the qualifications for licensure, complete the application, and submit official transcripts directly from the applicant’s school.

History

Authorizing statute(s): 37-1-319, 37-78-201, MCA
Implementing statute(s): 37-1-144, 37-1-319, MCA
History: NEW, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.803 Examinations

(1) The board adopts the examination and pass/fail criteria administered through the National Board of Certification in Occupational Therapy (NBCOT).

(2) Applicants must ensure that NBCOT forwards examination scores to the board.

History

Authorizing statute(s): 37-1-131, 37-78-201, MCA
Implementing statute(s): 37-1-131, 37-24-303, MCA
History: NEW, 1986 MAR p. 943, Eff. 5/30/86; AMD, 1989 MAR p. 1191, Eff. 8/18/89; TRANS, from Commerce, 2004 MAR p. 2280; AMD, 2006 MAR p. 1614, Eff. 6/23/06; AMD, 2015 MAR p. 56, Eff. 1/30/15; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.407, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.805 Supervision

(1) Supervisors shall determine the required level of supervision based on the supervisee's clinical experience, responsibilities, and competence.

(2) Occupational therapists do not require supervision except for direct supervision of proctored treatments.

(3) Except per 37-24-105(2) and 37-24-106(2), MCA, licensed occupational therapy assistants must work under the general supervision of an occupational therapist.

(4) Provisional license holders must work under the routine supervision of a licensed occupational therapy assistant or an occupational therapist.

(5) Occupational therapy aides must work under the direct supervision of an occupational therapist or an occupational therapy assistant.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-78-201, MCA
Implementing statute(s): 37-1-144, 37-24-103, 37-24-106, 37-24-107, MCA
History: NEW, 1996 MAR p. 2379, Eff. 9/6/96; TRANS, from Commerce, 2004 MAR p. 2280; AMD, 2007 MAR p. 1450, Eff. 9/21/07; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.501, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.806 Recognized Educational Programs

(1) For licensure as an occupational therapist, the board recognizes those educational programs approved or recognized either by the American Occupational Therapy Association or the Accreditation Council for Occupational Therapy Education (ACOTE).

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-24-303, MCA
History: NEW, 1994 MAR p. 663, Eff. 4/1/94; AMD, 1996 MAR p. 2379, Eff. 9/6/96; TRANS, from Commerce, 2004 MAR p. 2280; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.506, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.807 Standards of Practice

(1) The board adopts by reference the 2021 American Occupational Therapy Association's Standards of Practice. A copy of these standards is available at aota.org.

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-24-105, 37-24-106, MCA
History: NEW, 1994 MAR p. 663, Eff. 4/1/94; TRANS, from Commerce, 2004 MAR p. 2280; AMD, 2015 MAR p. 56, Eff. 1/30/15; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.507, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.809 Approved Modality Instruction

(1) The board has approved the following sponsors or providers to provide instruction to licensees seeking endorsement to provide superficial physical agent modalities:

(a) providers approved or recognized by the American Occupational Therapy Association;

(b) providers approved by the National Board for Certification in Occupational Therapy;

(d) graduate level education course work offered by an accredited college or university, provided that:

(i) the course work is taken after the licensee has obtained an undergraduate degree in occupational therapy; and

(ii) the course work provides skills and knowledge beyond mere entry level skills or knowledge of the topic.

(2) The board will approve instruction provided by licensed health care professionals whose competency in teaching the use of superficial physical agent modalities is demonstrated to the satisfaction of the board.

(3) To be approved by the board, the instructor must be a licensed or otherwise regulated professional allowed to use superficial physical agent modalities and have more than one year of clinical experience in the use of these modalities.

History

Authorizing statute(s): 37-1-131, 37-78-201, MCA
Implementing statute(s): 37-1-131, 37-24-105, 37-24-107, MCA
History: NEW, 2005 MAR p. 447, Eff. 4/1/05; AMD, 2007 MAR p. 1450, Eff. 9/21/07; AMD, 2008 MAR p. 1716, Eff. 8/15/08; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.509, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.810 Approved Training

(1) Approved training includes proctored sessions provided by example and observation of either:

(a) an occupational therapist:

(i) approved by the board to administer superficial physical agent modalities and sound and electrical physical agent modalities for iontophoresis and phonophoresis; and

(ii) who has more than one year of clinical experience in either the use of sound and electrical physical agent modalities or superficial physical agent modalities; or

(b) a licensed health care professional with more than one year of clinical experience in the use of sound and electrical physical agent modalities or superficial physical agent modalities as within the professional's licensed scope of practice.

History

Authorizing statute(s): 37-1-131, 37-78-201, MCA
Implementing statute(s): 37-1-131, 37-24-105, 37-24-107, MCA
History: NEW, 2005 MAR p. 447, Eff. 4/1/05; AMD, 2007 MAR p. 1450, Eff. 9/21/07; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.510, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.814 Endorsement to Apply Topical Medications

(1) To obtain an endorsement for the administration or use of topical medications, an occupational therapist shall:

(a) complete five hours of instruction or training approved by the board in:

(i) principles of topical drug interaction;

(ii) adverse reactions and factors modifying response;

(iii) actions of topical drugs by therapeutic classes; and

(iv) techniques by which topical drugs are administered; and

(b) perform one proctored treatment in direct application of topical medications, and either:

(i) two proctored treatments in phonophoresis; or

(ii) three proctored treatments of iontophoresis.

(2) All proctored treatments required in (1) must be under the direct supervision of a person offering training.

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-24-106, 37-24-107, 37-24-108, MCA
History: NEW, 2005 MAR p. 447, Eff. 4/1/05; AMD, 2015 MAR p. 56, Eff. 1/30/15; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.514, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.816 Use of Topical Medications

(1) Topical medication prescribed for a patient on a specific or standing basis by a licensed medical practitioner with prescriptive authority must be obtained by the patient or an authorized representative from a licensed Montana pharmacy.

(2) All prescribed topical medications:

(a) must be stored at the licensee’s place of business in compliance with proper storage guidelines under Title 37, chapter 7, MCA, or as otherwise developed by the Board of Pharmacy, or as noted by the pharmacist;

(b) must be returned to the patient's possession at the termination of the course of treatment with the patient; and

(3) All topical medications must be administered by the licensee as prescribed and in accordance with any pharmacy guidelines given with the topical medication.

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-24-107, 37-24-108, MCA
History: NEW, 2005 MAR p. 447, Eff. 4/1/05; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.516, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.817 Protocols for Use of Topical Medications

(1) Each licensee endorsed to administer topical medications must:

(a) understand the use of approved topical medications;

(b) read and understand the medication package inserts for indications, contraindications, and actions;

(d) maintain appropriate records of all topical medication(s) applied or administered. The records must:

(i) be included in the patient's chart;

(ii) verify proper labeling and packaging;

(iii) demonstrate purchase from a licensed Montana pharmacy; and

(iv) include a record of the written prescription specifying the topical medication to be applied and the method of application (direct application, phonophoresis, or iontophoresis).

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-24-108, 37-24-109, MCA
History: NEW, 2005 MAR p. 447, Eff. 4/1/05; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.517, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.818 Debriding Agents Protocols

(1) Within the class of debriding agents, only the following subclasses are approved for use by a licensee on a patient:

(a) papain-based ointments;

(b) papain with urea additives;

(d) collagenases;

(e) endogenous platelet-derived growth factors; and

(f) fibrinolytics.

(2) Licensees may use papain-based ointments as directed by a licensed medical practitioner with prescriptive authority.

(a) Papain-based ointments act via a proteolytic enzyme that digests nonviable proteins, but which is harmless to viable tissues.

(b) Papain-based ointments are indicated for debriding necrotic tissue and liquefying slough in acute and chronic lesions, trauma wounds, or infected lesions.

(c) Papain-based ointments are contraindicated for patients with known sensitivities to papain or any other ingredient of the medication.

(3) Licensees may use papain with urea additive agents as directed by a licensed medical practitioner with prescriptive authority.

(a) Papain with urea additive acts as a denaturant to proteins, helps expose papain's activators by a solvent action, rendering them more susceptible to enzymatic digestion.

(b) Papain with urea additive indications is for treating acute and chronic lesions including but not limited to:

(i) venous ulcers;

(ii) diabetic and decubitus ulcers;

(iii) burns;

(iv) postoperative wounds;

(v) pilonidal cyst wounds;

(vi) carbuncles; and

(vii) traumatic or infected wounds.

(4) Licensees may use anti-inflammatory agents as directed by a licensed medical practitioner with prescriptive authority.

(a) Anti-inflammatory agents act to decrease histamine reactions to peri-wound areas, decreasing inflammation, and encouraging remodeling.

(b) Anti-inflammatory agents are indicated for relieving inflammation and pruritis caused by dermatosis.

(c) Anti-inflammatory agents are contraindicated for patients with known sensitivity to any components of the preparation.

(5) Licensees may use collagenase agents as directed by a licensed medical practitioner with prescriptive authority.

(a) Collagenase agents act by digesting collagens in necrotic tissues, without destroying healthy granulation, and by encouraging epithelialization.

(b) Collagenase agents are indicated for debriding chronic dermal ulcers and severely burned areas.

(6) Licensees may use endogenous platelet-derived growth factor agents as directed by a licensed medical practitioner with prescriptive authority.

(a) Endogenous platelet-derived growth factor agents act by promoting chemotactic recruitment and the proliferative stage of healing. They enhance formation of granulation tissue.

(b) Endogenous platelet-derived growth factors are indicated for diabetic neuropathic ulcers that extend into subcutaneous tissue with an adequate blood supply.

(c) Endogenous platelet-derived growth factor agents are contraindicated for patients with known hypersensitivity, including but not limited to parabens. Endogenous platelet-derived growth factor agents are not for use with wounds that close by primary intention because they are a nonsterile, low bioburden, preserved product.

(7) Licensees may use fibrinolytics as directed by a licensed medical practitioner with prescriptive authority.

(a) Fibrinolytics act by contributing to collagen synthesis, where over-production of collagen can cause poor remodeling of the wound.

(b) Fibrinolytics are indicated in patients who exhibit painful, indurated wounds. Fibrinolytics are also indicated in slow healing venous wounds. Fibrinolytics are only used adjunctively in therapy.

(c) Fibrinolytics are contraindicated in patients who are allergic or exhibit a sensitivity to steroids. Fibrinolytics are also contraindicated when used alone in the treatment of wounds.

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-24-108, 37-24-109, MCA
History: NEW, 2005 MAR p. 447, Eff. 4/1/05; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.518, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.819 Anesthetic Agents Protocols

(1) Licensees may use anesthetic agents as directed by a licensed medical practitioner with prescriptive authority.

(2) Anesthetic agents act by blocking both the initiation and conduction of nerve impulses by decreasing the neuron membrane's permeability to sodium ions.

(3) Anesthetic agents are indicated for relief of pain and inflammation associated with minor skin disorders and for acute inflammatory conditions.

(4) Anesthetic agents are contraindicated if there is sensitivity to the topical anesthetic. Anesthetic agents are also contraindicated if there are abrasions, openings, or a local infection at the site of application.

(5) The specific anesthetic agents permitted by this rule are:

(a) fluoromethane compounds:

(i) dichlorofluoromethane 15 percent;

(ii) trichloromonofluoromethane 85 percent;

(iii) lidocaine hydrochloride;

(iv) lidocaine;

(v) ethyl chloride;

(vi) hydrocortisone menthol; and

(vii) lidocaine hydrocortisone.

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-24-108, 37-24-109, MCA
History: NEW, 2005 MAR p. 447, Eff. 4/1/05; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.519, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.820 Nonsteroidal Anti-Inflammatory Agents Protocols

(1) Licensees may use nonsteroidal anti-inflammatory agents as directed by a licensed medical practitioner with prescriptive authority.

(2) Nonsteroidal anti-inflammatory agents act by blocking the formation of prostaglandins.

(3) Nonsteroidal anti-inflammatory agents are indicated for acute inflammation including but not limited to tendonitis, arthritis, and bursitis.

(4) Nonsteroidal anti-inflammatory agents are contraindicated when there is a local infection or abrasion at the site of application. Nonsteroidal anti-inflammatory agents are also contraindicated when there is sensitivity to topical anti-inflammatory agents.

(5) The specific nonsteroidal anti-inflammatory agents permitted by this rule are:

(a) ketaprofen 20 percent (10 percent is available without prescription);

(b) piroxicam 1 percent or 2 percent;

(d) diclofenac 2.5 percent.

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-24-108, 37-24-109, MCA
History: NEW, 2005 MAR p. 447, Eff. 4/1/05; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.520, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.821 Antispasmodic Agents Protocols

(1) Licensees may use antispasmodic agents as directed by a licensed medical practitioner with prescriptive authority.

(2) Antispasmodic agents act by forming strong drug-receptor complex at postganglionic parasympathetic neuroeffector sites in smooth muscle, cardiac muscle and exocrine glands, thereby blocking action of acetycholine.

(3) Antispasmodic agents are indicated for reduction of the volume of perspiration by inhibiting sweat gland secretions to reduce muscle spasms and pain.

(4) Antispasmodic agents are contraindicated if the formulation contains sapphire, which can cause allergic reactions in susceptible individuals. Other contraindications may be listed in the current PDR.

(5) The antispasmodic agents permitted by this rule are:

(a) cyclobenzaprine 1 percent or 2 percent; and

(b) baclofen 10 percent.

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-24-108, 37-24-109, MCA
History: NEW, 2005 MAR p. 447, Eff. 4/1/05; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.521, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.822 Adrenocortico-Steroid Agents Protocols

(1) Licensees may use adrenocortico-steroid agents as directed by a licensed medical practitioner with prescriptive authority.

(2) Adrenocortico-steroid agents act by diffusing across cell membranes to combine with specific cytoplasmic receptors. The resulting complexes enter the nucleus and bind to DNA, thereby irritating cytoplasmic synthesis of the enzymes responsible for systemic effects of adrenocortico-steroids.

(3) Adrenocortico-steroid agents are indicated for inflammation (including but not limited to tendonitis, bursitis, arthritis, or myositis), and for antipruritic and vasoconstrictor actions.

(4) Adrenocortico-steroid agents are contraindicated or require special care when used with children, growing adolescents, and pregnant women. Adrenocortico-steroid agents are also contraindicated:

(a) by intolerance to adrenocortico-steroids;

(b) if an infection which is not controlled by antibiotics is present at the treatment site;

(d) for large areas; and

(e) with occlusive dressings.

(5) The adrenocortico-steroid agents permitted by this rule are:

(a) hydrocortisone cream 10 percent;

(b) dexamethasone sodium phosphate;

(d) dexamethasone cream.

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-24-108, 37-24-109, MCA
History: NEW, 2005 MAR p. 447, Eff. 4/1/05; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.522, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.823 Bactericidal Agents Protocols

(1) Within the class of bactericidal agents, only the following subclasses are approved for use by the licensee on a patient:

(a) antibiotic ointments;

(b) antimicrobial agents; and

(2) Licensees may use antibiotic ointments as directed by a licensed medical practitioner with prescriptive authority.

(a) Antibiotic ointments act to kill bacteria and microbes.

(b) Antibiotic ointments are indicated on culture-proven infected wounds.

(c) Antibiotic ointments are contraindicated in patients with proven sensitivities or allergic reactions to the antibiotic prescribed.

(3) Licensees may use antimicrobial agents as directed by a licensed medical practitioner with prescriptive authority.

(a) Antimicrobial agents contain a broad spectrum-silver cascade that acts to reduce the bioburden in wounds for up to seven days.

(b) Antimicrobial agents are indicated for managing full and partial thickness wounds and may be used over debrided or grafted partial thickness wounds.

(4) Licensees may use bactericidal agents only for debridement as directed by a licensed medical practitioner with prescriptive authority.

(a) Bactericidal agents act by killing bacteria.

(b) Bactericidal agents are indicated for the presence of bacteria.

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-24-108, 37-24-109, MCA
History: NEW, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.523, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.824 Protocol for Use of an Approved Medication as a Neuropathic Pain Agent

(1) Licensees may use approved topical medications as neuropathic pain agents, when and as directed by a licensed medical practitioner with prescriptive authority.

(2) Neuropathic pain agent actions depend upon the type of agent.

(3) Neuropathic pain agents are indicated for injuries to central or peripheral nervous system, including fibromyalgias, diabetic neuropathy, and regional pain syndrome.

(4) Neuropathic pain agents are contraindicated if an infection or rash is present at the site of application or there is a sensitivity to the topical agent.

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-24-108, 37-24-109, MCA
History: NEW, 2005 MAR p. 447, Eff. 4/1/05; AMD, 2019 MAR p. 1743, Eff. 10/5/19; TRANS and AMD, from 24.165.524, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.119.10 Physical Therapists

Mont. Admin. R. 24.119.1001 Physical Therapy Aides, License Exemption, and Supervision

(1) For the purpose of this rule, "direct supervision" means that the supervising physical therapist or physical therapist assistant is onsite (on the premises physically) and immediately available for direction and supervision of the physical therapy aide at all times.

(2) A physical therapy aide is limited to performing the following patient-supportive tasks under the direct supervision of a physical therapist or physical therapist assistant:

(a) preparing a patient for treatment by a physical therapist or physical therapist assistant;

(b) providing unskilled aid to a patient after treatment by a physical therapist or physical therapist assistant; and

(c) assisting a physical therapist or physical therapist assistant when safety or patient care requires a second person's assistance.

(3) A physical therapy aide may perform the following and similar nonpatient care routine tasks without direct or onsite supervision, by a physical therapist or physical therapist assistant:

(a) housekeeping activities including caring for and stocking equipment and supplies;

(b) transporting patients, records, equipment, and supplies in accordance with established policies and procedures;

(d) preparing, maintaining, and cleaning up treatment areas and maintaining supportive areas; and

(e) transcribing, recording, or copying treatment documentation generated by a physical therapist or physical therapist assistant. All documents prepared by a physical therapy aide must be signed by the treating physical therapist or physical therapist assistant.

History

Authorizing statute(s): 37-1-131, 37-78-201, MCA
Implementing statute(s): 37-1-131, 37-11-105, MCA
History: NEW, 1979 MAR p. 1243, Eff. 10/12/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 593, Eff. 3/26/82; AMD, 1990 MAR p. 2107, Eff. 11/30/90; AMD, 1995 MAR p. 2483, Eff. 11/23/95; AMD, 2003 MAR p. 2549, Eff. 10/17/03; TRANS, from Commerce, 2005 MAR p. 380; AMD, 2009 MAR p. 2153, Eff. 11/13/09; TRANS and AMD, from 24.177.405, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.1013 Dry Needling

(1) Dry needling is a skilled technique performed by a physical therapist using a mechanical device, filiform needles, to penetrate the skin and/or underlying tissues to affect change in body structures and functions for the evaluation and management of neuromusculoskeletal conditions, pain, movement impairments, and disability.

(2) Dry needling requires a physical therapy examination and diagnosis.

(3) Physical therapists who perform dry needling must be able to demonstrate they have completed training in dry needling that must meet the standards of the American Physical Therapy Association or the Federation of State Boards of Physical Therapists.

(a) Dry needling courses must include, but not be limited to, training in indications, contraindications, potential risks, proper hygiene, proper use and disposal of needles, and appropriate selection of clients.

(b) Initial training in dry needling must include hands-on training, written, and practical examination as required by this rule.

(4) A physical therapist must perform dry needling in a manner consistent with generally accepted standards of practice, including relevant standards of the Center for Disease Control and Prevention, and Occupational Safety and Health Administration blood borne pathogen standards as per 29 CFR 1910.1030 et seq.

(5) Dry needling shall only be performed by a physical therapist and may not be delegated.

(6) The physical therapist performing dry needling must be able to provide written documentation, upon request by the board, which substantiates appropriate training as required by this rule. Failure to provide written documentation may result in disciplinary action.

History

Authorizing statute(s): 37-1-131, 37-78-201, MCA
Implementing statute(s): 37-1-131, 37-11-101, 37-11-104, MCA
History: NEW, 2016 MAR p. 1697, Eff. 9/24/16; TRANS and AMD, from 24.177.413, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.1014 Federal Motor Carrier Safety Administration Physical Examinations

(1) Physical examinations for purposes of obtaining a Department of Transportation (DOT) motor carrier license are limited to licensees who have completed the requisite medical examiner training and examination that is provided by the Federal Motor Carrier Safety Administration (FMCSA).

History

Authorizing statute(s): 37-1-131, 37-78-201, MCA
Implementing statute(s): 37-1-131, 37-11-104, MCA
History: NEW, 2024 MAR p. 1882, Eff. 7/27/24; TRANS and AMD, from 24.177.414, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.1021 Applications for Physical Therapy Licensure by Examination

(1) Applicants for physical therapy and physical therapy assistant licensure by examination shall file with the board an application which shall include the following:

(a) application fee; and

(b) for applicants trained in the United States, a copy of the applicant's certificate of graduation or transcripts demonstrating graduation from a board-approved physical therapy school or physical therapist assistant curriculum; or

(i) demonstration of compliance with educational standards equivalent to the national standards of the Commission on Accreditation of Physical Therapy Education of the American Physical Therapy Association by using an evaluation of educational background performed by the Foreign Credentialing Commission on Physical Therapy, Inc. (FCCPT); and

(ii) if from a non-English speaking culture, the applicant shall display competency in the English language by passing the national examination test of English as foreign language (TOEFL) with a passing score as designated by the Federation of State Boards on Physical Therapy (FSBPT); and

(d) verification of all current, previous, and expired licenses in any licensed profession from other states.

(2) Applicants applying for licensure from another state who have not been actively engaged in the profession of physical therapy or physical therapist assistant in the four years immediately preceding application may be required to undergo remedial study in the field of physical therapy subject to the discretion of the board. Remedial study may include, but will not be limited to:

(a) supervised internships;

(b) independent study;

(d) pertinent graduate or undergraduate course work;

(e) pertinent continuing education courses; and

(f) specialized study in a specific area.

(3) The board recognizes the national physical therapy exam (NPTE) and the national physical therapist assistant examination (NPTAE) for licensure for their respective occupations.

(a) The earliest date on which an applicant for examination may take the examination is the examination date nearest to and before the applicant’s expected graduation date.

(b) Applicants must achieve a scaled score of 600 or higher to pass the examination.

(4) Physical therapist and physical therapist assistant applicants for licensure may be issued a provisional license. The provisional license shall identify the licensed physical therapist(s) who shall be responsible for providing direct supervision. The provisional license is valid until the applicant passes the examination and is granted a license. Only one provisional license will be issued per applicant. If the applicant fails the examination, the applicant may sit for the next scheduled examination. The provisional license will not be extended while the applicant is waiting to retake the examination.

History

Authorizing statute(s): 37-1-131, 37-78-201, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-11-303, 37-11-304, MCA
History: NEW, 1979 MAR p. 1243, Eff. 10/12/79; AMD, 1980 MAR p. 1607, Eff. 6/13/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 593, Eff. 3/26/82; AMD, 1983 MAR p. 1664, Eff. 11/11/83; AMD, 1986 MAR p. 792, Eff. 5/16/86; AMD, 1990 MAR p. 2107, Eff. 11/30/90; AMD, 1994 MAR p. 159, Eff. 1/28/94; AMD, 1994 MAR p. 1583, Eff. 6/10/94; AMD, 1995 MAR p. 2483, Eff. 11/23/95; AMD, 1997 MAR p. 38, Eff. 1/17/97; AMD, 1997 MAR p. 1359, Eff. 8/5/97; AMD, 2001 MAR p. 344, Eff. 2/23/01; TRANS, from Commerce, 2005 MAR p. 380; AMD, 2012 MAR p. 1526, Eff. 7/27/12; AMD, 2015 MAR p. 1907, Eff. 10/30/15; AMD, 2021 MAR p. 1926, Eff. 12/24/21; AMD, 2024 MAR p. 1882, Eff. 7/27/24; TRANS and AMD, from 24.177.501, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.1031 Use of Topical Medications

(1) Topical medication prescribed on a specific or standing basis by a licensed medical practitioner may be obtained from a pharmacy certified under 37-7-321, MCA, by either:

(a) the physical therapist directly, who will administer the topical medication for use in phonophoresis, iontophoresis, or direct application, under the prescription order of the licensed medical practitioner; or

(b) the patient directly, who will obtain the prescribed topical medication at a certified pharmacy and bring it directly to the physical therapist to be administered as part of a treatment plan.

(2) All prescribed topical medications, whether obtained by the physical therapist or patient directly, shall be stored at the physical therapist's place of business in compliance with proper storage guidelines under Title 37, chapter 7, MCA, or otherwise developed by the board of pharmacy.

(a) Any particular requirements for storage as noted by the pharmacist must be followed.

(b) Topical medications shall be stored below 40 degrees centigrade (104 degrees Fahrenheit), preferably between 15 degrees and 30 degrees centigrade (59 degrees and 86 degrees Fahrenheit), unless otherwise specified.

(c) All topical medications obtained by the patient directly and brought to the physical therapist's place of business shall be returned to the patient's possession at the termination of treatment with the patient.

(d) No topical medications obtained by the patient directly may be transferred to or used in treatment of any other physical therapy patient.

(3) All topical medications must be administered by the physical therapist as prescribed by the medical practitioner and in accordance with any pharmacy guidelines given to the physical therapist or patient who obtained the topical medication directly.

(4) A copy of the written prescription specifying the topical medication to be applied and the method of application (direct application, phonophoresis or iontophoresis) must be retained in the patient's physical therapy medical records.

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-11-106, MCA
History: NEW, 1992 MAR p. 789, Eff. 4/17/92; TRANS, from Commerce, 2005 MAR p. 380; TRANS and AMD, from 24.177.701, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.1034 Topical Medication Protocols

(1) The following protocols apply to each classification and following list of topical medications for which a prescription is required under state or federal law:

(a) bactericidal agents:

(i) action: interferes with functions of the cell wall membrane;

(ii) indication: topical treatment for dermal infections; and

(iii) contraindications: hypersensitivity to the specific substance, concurrent use of curariform muscle relaxants and other relaxants and other neurotoxic drugs. Consult the current Physicians Desk Reference (PDR) for further specifics.

(b) debriding agents:

(i) action: cleanse the surface of wounds of wound exudate, bacteria, and particulate contaminants;

(ii) indication: cleanse exudative wounds such as venous stasis ulcers, decubitus ulcers, infected traumatic and surgical wounds, and infected burns; and

(iii) contraindications: debriding enzymes, should be used with precaution against allergic reactions, particularly in patients hypersensitive to materials of bovine origin or to mercury compounds. Consult the current PDR for specifics.

(i) action: blocks both the initiation and conduction of nerve impulses by decreasing the neuron membranes permeability to sodium ions;

(ii) indication: relieve pain and inflammation associated with minor skin disorders and for acute inflammatory conditions; and

(iii) contraindications: sensitivity to the topical anesthetic, local infections at the site of application, and skin disorders, severe or extensive, especially if the skin is abraded or broken. Consult the current PDR for specifics.

(d) anti-inflammatory agents (see adrenocortico-steroids).

(e) antispasmodic agents:

(i) action: forms strong drug-receptor complex at postganglionic parasympathetic neuroeffector sites in smooth muscle, cardiac muscle and exocrine glands, thereby blocking action of acetylcholine;

(ii) indication: reduce the volume of perspiration by inhibiting sweat gland secretions; and

(iii) contraindications: some commercially available formulations may contain a sulfite that can cause allergic-type reactions in certain susceptible individuals. Consult the current PDR for specifics.

(f) adrenocortico-steroids:

(i) action: diffuses across cell membranes to complex with specific cytoplasmic receptors. The resulting complexes enter the nucleus, bind to DNA thereby irritating cytoplasmic synthesis of enzymes responsible for systemic effects of adrenocortico-steroid;

(ii) indication: anti-inflammatory (bursitis, tendonitis, myositis, arthritis), antipruritic and vasoconstrictor actions; and

(iii) contraindications: special care must be exercised when these agents are used in children, growing adolescents, and pregnant women. Intolerance to adrenocortico-steroids, infection present at the treatment site not controlled by antibiotics, prolonged use, large areas, and occlusive dressings. Consult the current PDR for specifics.

(2) The board considers anti-fungal agents to be within the class of bactericidal agents.

History

Authorizing statute(s): 37-11-107, 37-78-201, MCA
Implementing statute(s): 37-11-106, 37-11-107, MCA
History: NEW, 1992 MAR p. 789, Eff. 4/17/92; TRANS, from Commerce, 2005 MAR p. 380; AMD, 2009 MAR p. 2153, Eff. 11/13/09; TRANS and AMD, from 24.177.704, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.1037 Application and Administration of Topical Medication

(1) All topical medication shall be applied or administered by a physical therapist in accordance with 37-11-106, MCA, by: direct application, iontophoresis, or phonophoresis.

(2) All topical medication shall be applied or administered as prescribed by the licensed medical practitioner.

(3) All topical medication shall be applied or administered in accordance with generally accepted practices in the physical therapy field and in keeping with educational techniques in use at schools properly accredited by the commission on accreditation in physical therapy education (CAPTE).

History

Authorizing statute(s): 37-78-201, MCA
Implementing statute(s): 37-11-106, 37-11-107, MCA
History: NEW, 1992 MAR p. 789, Eff. 4/17/92; TRANS, from Commerce, 2005 MAR p. 380; TRANS and AMD, from 24.177.707, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.119.12 Speech-Language Pathologists and Audiologists

Mont. Admin. R. 24.119.1210 Supervision

(1) A supervisor may not be responsible for more than two aides at any time.

(2) Speech-language pathology and audiology assistants must notify the board within ten days of any change in supervisor.

(3) Limited licensees and professional experience supervisors must both notify the board within ten days of any change in supervisor.

(4) A speech-language pathologist or audiologist may refuse to use an aide.

History

Authorizing statute(s): 37-15-301, 37-78-201, MCA
Implementing statute(s): 37-15-301, 37-78-201, MCA
History: NEW, 2023 MAR p. 1751, Eff. 12/9/23; TRANS and AMD, from 24.222.410, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26; AMD, 2026 MAR, Notice No. 2026-320, Eff. 9/26/26.

Mont. Admin. R. 24.119.1228 Limited Licenses

(1) A limited license permits an individual to complete a supervised professional experience as described in ARM 24.119.1229 in order to meet requirements for licensure as a speech-language pathologist.

(2) Applicants for limited licensure must submit a completed application on forms provided by the department, electronically or by paper. Completed applications include appropriate fees and required documentation.

(3) Applicants for limited licensure must:

(a) have a minimum of a master's degree in speech-language pathology or communication disorders from a program accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology of American Speech-Language Hearing Association or its equivalent. The transcript must be certified and sent directly from the school;

(b) during the graduate degree program, have completed a supervised clinical practicum experience;

(d) have a professional experience supervisor as defined in these rules.

(4) Limited licenses expire two years from the date issued and are not renewable. If a limited license expires and the supervised professional experience is not completed, the person must reapply for another limited license.

History

Authorizing statute(s): 37-1-131, 37-15-301, 37-15-303, 37-15-307, 37-78-201, MCA
Implementing statute(s): 37-1-131, 37-15-301, 37-15-303, MCA
History: NEW, 2017 MAR p. 2079, Eff. 11/10/17; TRANS and AMD, from 24.222.508, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.1229 Supervised Professional Experience

(1) A limited licensee may perform all duties and functions of a licensed speech-language pathologist while engaged in a supervised professional experience.

(2) A Montana supervised professional experience must:

(a) be a minimum of 36 weeks totaling no less than 1260 hours. A minimum of 1008 of the total 1260 hours must be in direct client contact, which includes, but is not limited to:

(i) assessment;

(ii) diagnosis;

(iii) evaluation;

(iv) screening;

(v) treatment;

(vi) report writing; and

(vii) family/client consultation.

(3) "Professional experience supervisor" means the Montana licensed speech-language pathologist who supervises a Montana limited license holder during the required supervised professional experience. The supervisor must have:

(a) a Montana license in good standing; and

(b) been licensed for at least two years, excluding any period of licensure under a limited license.

History

Authorizing statute(s): 37-1-131, 37-15-301, 37-15-303, 37-78-201, MCA
Implementing statute(s): 37-1-131, 37-15-301, 37-15-303, MCA
History: NEW, 2017 MAR p. 2079, Eff. 11/10/17; AMD, 2023 MAR p. 1751, Eff. 12/9/23; TRANS and AMD, from 24.222.509, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.1235 Speech-Language Pathologist and Audiologist Licensure – Initial Applicants

(1) Applicants for a Montana single-state speech-language pathologist license must:

(a) have a minimum of a master's degree in speech-language pathology or communication disorders from a program accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology of the American Speech-Language-Hearing Association or its equivalent;

(b) during the graduate degree program, have completed a supervised clinical practicum experience;

(c) following graduation from the post-graduate degree program, have completed a 36-week speech-language pathology supervised professional experience; and

(d) have passed the national Praxis examination in speech-language pathology or its equivalent.

(2) Applicants for a Montana single-state audiologist license must:

(a) have a minimum of a Doctor of Audiology degree (Au.D.) or a Ph.D. in audiology from a program accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology of the American Speech-Language-Hearing Association, Accreditation Commission for Audiology Education (ACAE), or equivalent; and

(b) have passed the national Praxis examination in audiology or its equivalent.

(3) An audiologist licensed prior to January 1, 2007, who maintains that license in good standing is not required to obtain a doctorate.

History

Authorizing statute(s): 37-1-131, 37-15-303, 37-78-201, MCA
Implementing statute(s): 37-1-131, 37-15-301, 37-15-303, 37-15-401, 37-15-402, MCA
History: NEW, 2023 MAR p. 1751, Eff. 12/9/23; TRANS and AMD, from 24.222.540, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.1240 Assistant Licensure – Initial Applicants

(1) Speech-language pathology assistant applicants not currently licensed in another state or jurisdiction and who did not serve as unlicensed aides or assistants in Montana prior to July 15, 2025, must have either:

(a) a baccalaureate degree in speech-language pathology or communication sciences and disorders from an accredited institution; or

(b) a speech-language pathology assistant certificate or associate degree from an accredited institution.

(2) Speech-language pathology assistant applicants not currently licensed in another state or jurisdiction and who served as unlicensed aides or assistants in Montana prior to July 15, 2025, but do not meet the requirements in (1)(a) or (b) must have a minimum of 690 hours of practical experience under the supervision of a speech-language pathologist.

(3) Audiology assistant applicants not currently licensed in another state or jurisdiction and who did not serve as unlicensed aides or assistants in Montana prior to July 15, 2025, must have either:

(a) a baccalaureate degree in communication sciences and disorders from an accredited institution;

(b) an audiology assistant certificate or associate degree from an accredited institution; or

(4) Audiology assistant applicants not currently licensed in another state or jurisdiction and who served as unlicensed aides or assistants in Montana prior to July 15, 2025, but do not meet the requirements in (3)(a), (b), or (c) must have a minimum of 110 hours of practical experience under the supervision of an audiologist.

History

Authorizing statute(s): 37-15-303, 37-78-201, MCA
Implementing statute(s): 37-15-303, MCA
History: NEW, 2023 MAR p. 1751, Eff. 12/9/23; AMD, 2025 MAR, Notice No. 2025-138, Eff. 10/11/25; TRANS and AMD, from 24.222.550, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.119.1250 Qualifications and Permitted Activities for Aides

(1) The speech-language pathology or audiology supervisor and/or appropriate administrative agency is responsible for ensuring that the speech-language pathology or audiology aide is adequately trained for the tasks the aide will perform. Training may be conducted by observation or be ASHA-approved, and must include:

(a) for all aides:

(i) ethical and legal responsibilities;

(ii) observation and data collection specific to the patient population; and

(iii) recordkeeping;

(b) for speech-language pathology aides:

(i) an overview of assessment, disorders, and care relative to speech and language disorders and hearing and balance;

(i) an overview of assessment, disorders, and care relative to hearing and hearing disorders; and

(ii) basic training in screening for hearing, including audiometry, tympanometry, and otoacoustic emissions.

(2) The amount and type of training required must be based on the following:

(a) the skills and experience of the aide;

(b) the needs of the patients/clients served;

(d) the tasks assigned; and

(e) any other factors as determined by the supervising speech-language pathologist or audiologist.

(3) A speech-language pathology aide or audiology aide is limited to:

(a) conducting services not requiring independent clinical judgment which the supervising speech-language pathologist or audiologist has deemed safe and appropriate to delegate;

(b) clerical tasks associated with scheduling, filing records, and filling out paperwork; and

(c) facilitating telehealth as described in 37-15-102(5), MCA. If an aide is physically present with the client assisting with therapy, and the speech-language pathologist or audiologist is remote, the aide must have 25 hours of training and 25 hours of observation.

History

Authorizing statute(s): 37-15-301, MCA
Implementing statute(s): 37-15-301, MCA
History: NEW, 2026 MAR, Notice No. 2026-320, Eff. 9/26/26.

Subchapter 24.119.21 Continuing Education

Mont. Admin. R. 24.119.2101 Continuing Education

(1) Licensees are required to obtain continuing education annually, as follows:

(a) athletic trainers: continuing education required to maintain current certification by the Board of Certification for the Athletic Trainer;

(b) audiologists: 10 hours;

(c) occupational therapists and assistants: 10 hours, but the board recognizes maintenance of current National Board for Certification in Occupational Therapy as fulfilling this requirement;

(d) physical therapists and assistants: 8 hours;

(e) speech-language pathologists: 10 hours;

(f) speech-language pathology or audiology assistants: 5 hours; and

(g) dual licensed speech-language pathologists and audiologists: 15 hours.

(2) Licensees are responsible for selecting quality programs that focus on protecting the health, safety, and welfare of the public or that contribute to licensees’ professional knowledge and competence. Acceptable activities:

(a) directly relate to the licensee’s scope of practice as defined in board statute or rule;

(b) review existing concepts and techniques;

(d) update knowledge of the practice and advances in the profession; or

(e) reinforce professional conduct or ethical obligations of the licensee.

(3) Licensees must maintain continuing education documentation and produce it upon request.

(4) Continuing education requirements do not apply until after the licensee’s first renewal. A licensee may request from the department exemption from continuing education requirements due to undue hardship.

(5) The department is authorized to audit continuing education requirements and shall determine the percentage to audit based on a statistically relevant sampling of the total number of licensees and the compliance rate of past audits.

History

Authorizing statute(s): 37-1-131, 37-78-201, MCA
Implementing statute(s): 37-1-306, MCA
History: NEW, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.119.23 Unprofessional Conduct

Mont. Admin. R. 24.119.2301 Unprofessional Conduct

(1) The following is unprofessional conduct:

(a) regarding patient records, failure to:

(i) appropriately secure records;

(ii) appropriately document patient care; or

(iii) transfer records to another health care provider, the patient, or the patient’s representative when requested to do so by the patient or the patient’s legally designated representative;

(b) failure to supervise, appropriately direct, or train individuals under the licensee’s supervision according to applicable law, rule, or standards;

(d) discontinuing professional services unless services have been completed, the client requests the discontinuation, alternative or replacement services are arranged, or the client is given reasonable opportunity to arrange alternative or replacement services;

(e) exerting undue influence over a client, resulting in client harm, or maintaining a relationship with a client or engaging in or soliciting sexual relations with a client when such relationship, act, or solicitation is likely to impair the licensee’s professional judgment or result in client harm;

(f) charging clearly excessive fees; and

(g) promoting or involvement in gambling of any kind on the outcome of an athlete's or team's participation in an athletic competition or event where the licensee has personal knowledge of the athletes or team obtained through professional interaction or provision or services.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-78-201, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, MCA
History: NEW, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Chapter 24.120 Board of Barbers (repealed)

Subchapter 24.120.1 Organizational Rule

Mont. Admin. R. 24.120.101 Board Organization

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-30-203, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 393; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Subchapter 24.120.2 Procedural Rules

Mont. Admin. R. 24.120.201 Procedural Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-30-203, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 393; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Mont. Admin. R. 24.120.202 Citizen Participation Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-30-203, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1984 MAR p. 813, Eff. 5/18/84; TRANS, from Commerce, 2002 MAR p. 393; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Authorizing statute(s): 37-30-203, 37-30-422, MCA
Implementing statute(s): 37-30-403, 37-30-423, MCA
History: NEW, 2001 MAR p. 1089, Eff. 6/22/01; TRANS, from Commerce, 2002 MAR p. 393; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Authorizing statute(s): 37-30-203, 37-30-422, MCA
Implementing statute(s): 37-30-422, MCA
History: NEW, 1996 MAR p. 3114, Eff. 12/6/96; AMD, 2001 MAR p. 1089, Eff. 6/22/01; TRANS, from Commerce, 2002 MAR p. 393; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Subchapter 24.120.8 Barber Colleges

Mont. Admin. R. 24.120.801 School Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-30-203, MCA
Implementing statute(s): 37-30-403, 37-30-404, 37-30-405, 37-30-406, 37-30-407, MCA
History: NEW, 1996 MAR p. 3114, Eff. 12/6/96; AMD, 2002 MAR p. 176, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 393; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Mont. Admin. R. 24.120.802 Instructor Training Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-30-203, MCA
Implementing statute(s): 37-30-311, MCA
History: NEW, 1996 MAR p. 3114, Eff. 12/6/96; TRANS, from Commerce, 2002 MAR p. 393; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Authorizing statute(s): 37-30-203, 37-30-422, MCA
Implementing statute(s): 37-30-422, MCA
History: NEW, 1996 MAR p. 3114, Eff. 12/6/96; TRANS, from Commerce, 2002 MAR p. 393; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Subchapter 24.120.23 Unprofessional Conduct (REPEALED)

Mont. Admin. R. 24.120.2301 Unprofessional Conduct (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-307, 37-1-308, 37-1-309, 37-1-311, 37-1-312, MCA
History: NEW, 1996 MAR p. 3114, Eff. 12/6/96; TRANS, from Commerce, 2002 MAR p. 393; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Chapter 24.121 Board of Barbers and Cosmetologists

Subchapter 24.121.1 Organizational Rules

Mont. Admin. R. 24.121.101 Interim Rule

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-31-203, MCA
Implementing statute(s): 37-1-131, 37-31-203, MCA
History: NEW, 2003 MAR p. 2630, Eff. 11/27/03; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Mont. Admin. R. 24.121.102 Board Organization

(1) The Board of Barbers and Cosmetologists adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2005 MAR p. 99, Eff. 11/19/04; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.121.2 Procedural Rules

Mont. Admin. R. 24.121.201 Procedural Rules

(1) The Board of Barbers and Cosmetologists adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.121.202 Public Participation

(1) The Board of Barbers and Cosmetologists adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.121.3 Definitions

Mont. Admin. R. 24.121.301 Definitions

(1) “Apprentice” means a person who is a registered apprentice through the Department of Labor and Industry Workforce Services Division Registered Apprenticeship Program for barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring apprenticeship under 37-1-148, MCA, and applicable rules in this subchapter.

(2) "Barber" and "Barbering" include both chemical and nonchemical barbers and barbering, unless otherwise specified in these rules.

(3) "Booth renter" means an independent contractor who operates in a licensed salon or shop and is not an employee or owner of the salon or shop.

(4) "Chemical compounds" means professionally formulated makeup or cosmetic preparations, tonics, lotions, creams, waxes, depilatories, antiseptics, and other skin care and beautification products used in the provision of esthetic services.

(5) "Direct supervision" means the onsite physical presence of a supervisor in the clinic and basic areas of the school, where students perform educational activities and services.

(6) "Disinfected" or "disinfection" means eliminating bacteria, viruses, and organisms on inanimate surfaces.

(7) "Employee" means a person employed by a licensed premises and paid wages and/or commissions in accordance with federal, state, and local regulations.

(8) "Exfoliation" means the sloughing off of nonliving (dead) skin cells by noninvasive means.

(9) "Facial shaving" means utilizing a disposable straight edge razor designed for barbering.

(10) "Hour" of education in a school is equal to 50 minutes of instructional time.

(11) “Mentor” means a licensee in a sponsor-salon or shop who is supervising the work performed by an apprentice. A mentor must:

(a) have an active license in good standing in the particular area of practice to supervise;

(b) have been licensed for at least six years; and

(12) "Microdermabrasion" means a gentle, progressive, and noninvasive mechanical exfoliation of the stratum corneum using a closed-loop vacuum system.

(13) "Mobile salon or shop" means a salon or shop as defined in 37-31-101, MCA, that is readily movable and where licensed services are provided at other than at a fixed location.

(14) "Needles" mean single-use, presterilized, and disposable needles of various sizes that are stored in a sterile manner.

(15) "Noninvasive" means superficial procedures confined to the nonliving cells of the epidermis, specifically the stratum corneum layer, and through which living cells beneath the stratum corneum are never altered, cut, or scarred.

(16) “Sponsor” means a salon or shop that has entered into an apprenticeship agreement with the registered apprenticeship program per ARM Title 24, chapter 21.

(17) "Sterilization" means to completely destroy all living organisms on a surface.

History

Authorizing statute(s): 37-1-148, 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-1-148, 37-31-101, 37-31-203, 37-31-204, 37-31-309, 37-31-311, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2006 MAR p. 1383, Eff. 6/2/06; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2010 MAR p. 1402, Eff. 6/11/10; AMD, 2010 MAR p. 2378, Eff. 10/15/10; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 221, Eff. 2/18/17; AMD, 2018 MAR p. 1605, Eff. 8/11/18; AMD, 2021 MAR p. 1773, Eff. 12/11/21; AMD, 2024 MAR p. 2007, Eff. 8/10/24; AMD, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Subchapter 24.121.4 General Provisions

Mont. Admin. R. 24.121.401 Fees

(1) Original and renewal license to practice barbering, barbering nonchemical, cosmetology, electrology, esthetics, and manicuring $100.

(2) Original and renewal teacher license $115.

(3) Original and renewal school license $220.

(4) Additional courses within a cosmetology school $70.

(5) School/course inspection $200.

(6) Original and renewal salon or shop license $125.

(7) Salon or shop inspection $150.

(8) Original and renewal booth rental license $95.

(9) Additional standardized fees are specified in ARM 24.101.403.

(10) The Board of Barbers and Cosmetologists adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-31-203, 37-31-323, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-31-302, 37-31-304, 37-31-305, 37-31-311, 37-31-312, 37-31-323, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2006 MAR p. 1383, Eff. 6/2/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 915, Eff. 4/16/10; AMD, 2011 MAR p. 1683, Eff. 8/26/11; AMD, 2018 MAR p. 1605, Eff. 8/11/18; AMD, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Mont. Admin. R. 24.121.402 Fee Abatement (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2006 MAR p. 1383, Eff. 6/2/06; REP, 2025 MAR, Notice No. 2025-221, Eff. 11/22/2025.

Mont. Admin. R. 24.121.403 License and Registered Apprentice Id Card Display Requirements

(1) All licensees must display current licenses conspicuously in public view. Addresses on personal licenses may be redacted.

(2) Booth renters must clearly label all areas of the salon or shop maintained by the renter, such as retail, "roll-abouts," carts, and manicure tables.

(3) Apprentices must display current Montana Registered Apprenticeship ID cards conspicuously in public view when providing services to the public in a salon or shop.

History

Authorizing statute(s): 37-1-148, 37-31-203, MCA
Implementing statute(s): 37-1-148, 37-31-203, MCA
History: NEW, 2005 MAR p. 99, Eff. 11/19/04; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2021 MAR p. 1773, Eff. 12/11/21; AMD, 2024 MAR p. 2007, Eff. 8/10/24; AMD, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Mont. Admin. R. 24.121.404 Anonymous Complaints

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, MCA
Implementing statute(s): 37-1-308, MCA
History: NEW, 2008 MAR p. 382, Eff. 2/29/08; REP, 2017 MAR p. 221, Eff. 2/18/17.

Mont. Admin. R. 24.121.405 Variance Requests – Salons, Shops, Mobile Salons or Shops, and Schools (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-1-134, 37-31-204, MCA
History: NEW, 2005 MAR p. 99, Eff. 11/19/04; AMD, 2006 MAR p. 1383, Eff. 6/2/06; AMD, 2021 MAR p. 1773, Eff. 12/11/21; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.406 Nonroutine Applications

(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 booth rental application is routine if the applicant holds a current practice license and is not restricted from working as a booth renter.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 221, Eff. 2/18/17; AMD, 2018 MAR p. 1605, Eff. 8/11/18; AMD, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.121.407 General Premises Requirements

(1) No services connected with licensed premises can be conducted in any room used as living or sleeping quarters.

(2) No other businesses or services outside the scopes of practice licensed by the board may be conducted or provided in any licensed premises unless that area is separated by at least a full-length partition.

(3) Animals are permitted on licensed premises only as follows:

(a) Animals assisting individuals with disabilities must be accompanied as specified in 49-4-214, MCA.

(b) Dogs may be permitted on the premises at any time at the discretion of the licensee, after the licensee:

(i) provides proof of current rabies vaccination records for each dog on the premises, and makes such proof available to the board inspector;

(ii) provides a certificate of insurance for liability insurance covering each dog on the premises and maintains a copy of the certificate on the premises; and

(iii) posts a legible sign at or near the entrance of the salon, shop, or mobile salon or shop indicating that there is a dog present on the premises.

History

Authorizing statute(s): 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, 37-31-311, MCA
History: NEW, 2005 MAR p. 99, Eff. 11/19/04; AMD, 2007 MAR p. 859, Eff. 6/22/07; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2021 MAR p. 1773, Eff. 12/11/21; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.408 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with the following modifications:

(a) Violent misdemeanor or felony convictions in (6) are routine if the conviction date is more than ten years before the application date, unless the applicant is still in custody due to the conviction or staff otherwise determines the applicant engaged in egregious conduct implicating risk to public safety; and/or

(b) The criteria described in ARM 24.121.406(3).

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.121.410 Inspections

(1) Department inspectors conduct annual on-site inspections of all licensed premises during business hours, with or without advance notice.

(a) Licensees must respond to inspection violations within ten days of receiving notice of violations.

(b) Noncompliance will be subject to the department's standard compliance process.

(2) Sanitizing and disinfecting agents must be available for inspection and clearly labeled to disclose contents and manufacturer's directions.

(3) Inspectors may seize and remove prohibited items or products per ARM 24.121.1517 that are discovered during an inspection. Licensees are responsible for and must pay for any disposal costs within 30 days of being notified of the costs.

(4) Premises applicants, except for school applicants, meeting all licensure requirements except passage of the initial inspection may receive a temporary operating permit per 37-31-312, MCA.

(a) Following inspection, applicants must respond to and correct inspection violations per 37-31-312, MCA, or the temporary permit will terminate.

History

Authorizing statute(s): 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-203, 37-31-204, 37-31-302, 37-31-309, 37-31-312, MCA
History: NEW, 2021 MAR p. 1773, Eff. 12/11/21; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.412 Name Change, Closure, or Change of Ownership

(1) Licensed premises must notify the board within ten days of a change in business name, business closure, or change in ownership.

(2) When there is a change in 50 percent or more of ownership, the license issued to the previous owner is void and a new license must be obtained.

History

Authorizing statute(s): 37-31-203, MCA
Implementing statute(s): 37-31-203, MCA
History: NEW, 2021 MAR p. 1773, Eff. 12/11/21; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.418 License Endorsement

(1) Licensees seeking to offer mechanical exfoliation or microdermabrasion services shall obtain an endorsement by the board prior to practicing.

(a) To obtain an endorsement, licensees shall complete an additional 50 hours of continuing education in the field of microdermabrasion as follows:

(i) histology of the skin;

(ii) bacteriology;

(iii) client consultation and protection;

(iv) client pre-care and post-care;

(v) product knowledge;

(vi) theory of technical application of microdermabrasion;

(vii) sanitation and safety;

(viii) disposal of waste products; and

(ix) practical application and observation.

(b) A minimum of 50 percent of the required hours must be taught in theory.

History

Authorizing statute(s): 37-31-203, MCA
Implementing statute(s): 37-31-203, MCA
History: NEW, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.425 Administrative Suspension

(1) The board authorizes the department to:

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department's licensee lookup and license verification databank.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2024 MAR p. 2007, Eff. 8/10/24.

Subchapter 24.121.6 Licensing

Mont. Admin. R. 24.121.601 Licensure by Examination (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, MCA
Implementing statute(s): 37-1-131, 37-31-303, 37-31-304, 37-31-308, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2006 MAR p. 1383, Eff. 6/2/06; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 221, Eff. 2/18/17; AMD, 2017 MAR p. 1956, Eff. 10/28/17; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.602 Military Training or Experience (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 1085, Eff. 5/23/14; AMD, 2015 MAR p. 2034, Eff. 11/13/15; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.603 Licensure by Credentialing with an Out-of-State License (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, MCA
Implementing statute(s): 37-1-304, 37-31-303, 37-31-304, 37-31-305, 37-31-308, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2006 MAR p. 1383, Eff. 6/2/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 1402, Eff. 6/11/10; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 221, Eff. 2/18/17; AMD, 2018 MAR p. 1605, Eff. 8/11/18; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.604 Acceptable Courses of Study Content

(1) To qualify for licensure by examination or as an out-of-state applicant, an applicant's course of study or apprenticeship must consist of the hours specified in 37-31-304, MCA, or ARM 24.121.621, and include the following minimum training content:

(a) Barbering:

(i) haircutting with proper use of tools;

(ii) shampooing and scalp treatments;

(iii) hairstyling, including weaves, braiding, and extensions;

(iv) wet setting, blow drying, curling, and flat ironing; and the arranging of dry hair;

(v) hair coloring, hair lightening, waving, and relaxing;

(vi) facial shaving with straight edge razor; and

(vii) skin care; or

(viii) if applicant is a Montana-licensed cosmetologist, completion of a supplemental barbering course per ARM 24.121.807.

(b) Barbering nonchemical:

(i) haircutting with proper use of tools;

(ii) shampooing and scalp treatments;

(iii) hairstyling, including weaves, braiding, and extensions;

(iv) wet setting, blow drying, curling, and flat ironing; and the arranging of dry hair;

(v) facial shaving with straight edge razor; and

(vi) skin care.

(i) manicuring and pedicuring, including massage and polishing, nail art, and use of an electric nail file;

(ii) application and removal of artificial nails, gels, and tips;

(iii) skin care, skin exfoliation, facials, makeup application, epilation, electricity and light therapies, and application of artificial lashes;

(iv) hair coloring, hair lightening, waving, and relaxing;

(v) shampoo and scalp treatments;

(vi) hairstyling, including weaves, braiding, and extensions;

(vii) wet setting, blow drying, curling and flat ironing, and the arranging of dry hair; and

(viii) haircutting with proper use of tools.

(d) Electrology:

(i) electrolysis;

(ii) thermolysis;

(iii) the blend;

(iv) electricity, chemistry, and light therapy; and

(v) epilation.

(e) Manicuring:

(i) manicuring;

(ii) pedicuring; and

(iii) applying and removing artificial nails, gels, and tips and use of an electric file.

(f) Esthetics:

(i) skin care;

(ii) skin exfoliation, facials, and makeup application;

(iii) epilation;

(iv) electricity and light therapies; and

(v) application of artificial lashes.

(2) All board-issued license types have scopes that are limited to noninvasive procedures.

(3) Teacher applicants see ARM 24.121.607.

(4) An individual's theory and classroom practical education for licensure may be obtained through distance learning. All practical distance learning must be two-way, interactive, and real time. All floor work on the general public must occur in-person.

History

Authorizing statute(s): 37-1-148, 37-31-203, 37-31-304, MCA
Implementing statute(s): 37-1-148, 37-31-203, 37-31-304, MCA
History: NEW, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2017 MAR p. 221, Eff. 2/18/17; AMD, 2024 MAR p. 2007, Eff. 8/10/24; AMD, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Mont. Admin. R. 24.121.605 School Bonds

(1) School applicants must obtain a bond or other security for each course in the amount of $5000. The bond or other security may only be used to refund prepaid tuition to enrolled students if the school ceases to operate or is unable to complete the course of instruction.

(2) Schools must submit proof of continuous annual renewal of the bond or other security.

History

Authorizing statute(s): 37-31-203, 37-31-311, MCA
Implementing statute(s): 37-31-311, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2014 MAR p. 1085, Eff. 5/23/14; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 221, Eff. 2/18/17; AMD, 2018 MAR p. 1605, Eff. 8/11/18; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.606 Foreign-Educated Applicants

(1) Foreign-educated applicants shall fulfill all requirements for licensure as stated in this chapter.

(2) All documents submitted by a foreign-educated applicant in support of applying for licensure must be certified by a credential-evaluating service.

(3) Foreign document evaluations must be delivered directly from the credential-evaluating service to the department.

(4) Applicants must pay the credential-evaluating service for all costs of the evaluation.

History

Authorizing statute(s): 37-31-203, MCA
Implementing statute(s): 37-31-203, 37-31-304, 37-31-305, MCA
History: NEW, 2018 MAR p. 1605, Eff. 8/11/18; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.607 Teacher License

(1) Per 37-31-305(1)(c), MCA, teacher applicants must attest to either:

(a) having been employed and working for at least 1500 hours, in the particular area of practice that they will teach, during any one-year period prior to applying and a diploma evidencing completion of the 650-hour student teacher-training course; or

(b) having been employed and working for at least 1500 hours per year, in the particular area of practice that they will teach, for any three years prior to applying (a total of at least 4500 hours). An applicant licensed under this subsection must complete the teaching methodology coursework in ARM 24.121.1105 within two years of licensure.

(2) To renew a teacher license, the licensee must hold at least one currently active license to practice.

(3) A licensed teacher may only teach in the particular areas of practice in which the teacher is currently and actively licensed to practice.

History

Authorizing statute(s): 37-31-203, MCA
Implementing statute(s): 37-31-302, 37-31-303, 37-31-305, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2018 MAR p. 1605, Eff. 8/11/18; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.608 Inactive Instructor License (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-31-203, MCA
Implementing statute(s): 37-1-131, 37-1-319, 37-31-203, 37-31-305, MCA
History: NEW, 2015 MAR p. 1198, Eff. 8/14/15; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.609 Lapsed License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, MCA
Implementing statute(s): 37-1-141, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; REP, 2006 MAR p. 1583, Eff. 7/1/06.

Mont. Admin. R. 24.121.610 High School Diploma or Equivalent Exception

(1) The board will consider requests for an exception to a high school diploma or its equivalent per 37-31-304, MCA.

History

Authorizing statute(s): 37-31-203, 37-31-304, MCA
Implementing statute(s): 37-31-203, 37-31-304, MCA
History: NEW, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.611 Examination Requirements and Process

(1) Per 37-31-304 and 37-31-305, MCA, or ARM 24.121.621, applicants must pass the National Interstate Council of State Boards of Cosmetology (NIC) theory and practical examinations or their equivalents that align with the license sought.

(a) Minimum examination scores are 75 percent on the theory examination and 75 percent on the practical examination.

(2) Students enrolled in a Montana-licensed school may be made eligible to test by the school following completion of 90 percent of their educational requirements.

(3) Apprentices who have completed 90 percent of their apprenticeships and meet the requirements of 37-31-304(1)(a), MCA, may be made eligible to test by the Montana Registered Apprenticeship Program.

History

Authorizing statute(s): 37-1-148, 37-31-203, 37-31-303, MCA
Implementing statute(s): 37-1-148, 37-31-303, 37-31-304, 37-31-305, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 p. 1198, Eff. 8/14/15; AMD, 2024 MAR p. 2007, Eff. 8/10/24; AMD, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Mont. Admin. R. 24.121.612 Licensee and Applicant Contact Information (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, MCA
Implementing statute(s): 37-1-131, 37-1-309, 37-31-203, MCA
History: NEW, 2015 MAR p. 1198, Eff. 8/14/15; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.615 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the board’s publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Mont. Admin. R. 24.121.616 Licensure by Work Experience If Jurisdiction Lacks Substantial Equivalency

(1) Applicants licensed in states determined to not have substantially equivalent licensing requirements as defined in 37-1-304, MCA, must:

(a) attest to having worked at least the following number of hours if they have not completed a course of study described under 37-31-304, MCA, or an apprenticeship as described in ARM 24.121.621:

(i) 2200 hours as a licensed barber;

(ii) 1800 hours as a licensed barber nonchemical;

(iii) 3000 hours as a licensed cosmetologist;

(iv) 1200 hours as a licensed electrologist;

(v) 1300 hours as a licensed esthetician; or

(vi) 800 hours as a licensed manicurist; and

(b) pass examinations as described in ARM 24.121.611.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Mont. Admin. R. 24.121.620 Licensure by Apprenticeship

(1) Applicants for licensure by apprenticeship must:

(a) complete an apprenticeship through the Montana Registered Apprenticeship Program per ARM 24.121.621; and

(b) pass examinations as described in ARM 24.121.611.

History

Authorizing statute(s): 37-1-148, 37-31-203, MCA
Implementing statute(s): 37-1-148, 37-31-203, MCA
History: NEW, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Mont. Admin. R. 24.121.621 Apprenticeship Curricula Requirements

(1) Applicants must complete an apprenticeship under the Montana Registered Apprenticeship Program with a certificate of completion in order for their apprenticeship hours to qualify for licensure.

(2) The minimum required curriculum for a 2200-hour barbering chemical apprenticeship including at least 150 hours in theory, is:

(a) haircutting - 450 hours;

(b) shampoo, scalp treatment, and hair styling - 300 hours;

(d) chemical services - 600 hours;

(e) chemistry, bacteriology, sanitation, sterilization, safety, skin, hair, and scalp anatomy, physiology, blood exposure procedure, and diseases and disorders of skin, hair, and scalp - 120 hours;

(f) shop management, general facility sanitation and cleanliness, business methods, customer service, appointment book, professional ethics, current state board laws and rules, business ethics, and personal grooming, 120 hours; and

(g) 10 hours of barbering chemical instruction at the sponsor's discretion.

(3) The minimum required curriculum for a 2000-hour barbering nonchemical apprenticeship including at least 100 hours in theory, is:

(a) haircutting - 450 hours;

(b) shampoo, scalp treatment, and hair styling - 300 hours;

(d) chemistry, bacteriology, sanitation, sterilization, safety, skin, hair, and scalp anatomy, physiology, blood exposure procedure, and diseases and disorders of skin, hair, and scalp - 120 hours;

(e) shop management, general facility sanitation and cleanliness, business methods, customer service, appointment book, professional ethics, current state board laws and rules, business ethics, and personal grooming - 120 hours; and

(f) 410 hours of barbering nonchemical instruction at the sponsor's discretion.

(4) The minimum required curriculum for a 3000-hour cosmetology apprenticeship including at least 200 hours in theory, is:

(a) manicuring - 370 hours including:

(i) manicures;

(ii) pedicures;

(iii) application of monomer liquid and polymer powder nail enhancements, nail tips, UV gels, and nail art; and

(iv) use of manicuring implements including the electric nail file;

(b) esthetics - 700 hours including:

(i) skin care;

(ii) skin exfoliation; and

(iii) waxing.

(d) chemical services - 600 hours;

(e) hair cutting - 450 hours;

(f) salon management, general facility sanitation and cleanliness, business methods, customer service, appointment book, professional ethics, and current board laws and rules - 120 hours;

(g) chemistry, bacteriology, sanitation, sterilization, safety, anatomy, physiology, blood exposure procedure, and diseases and disorders of hair, scalp, skin, and nails - 120 hours; and

(h) 340 hours of cosmetology instruction at the sponsor's discretion.

(5) The minimum required curriculum for a 2000-hour electrology apprenticeship including at least 120 hours in theory, is:

(a) electrolysis - 10 hours;

(b) thermolysis - 300 hours;

(d) bacteriology, sanitation, sterilization, safety, anatomy, physiology, blood exposure procedure, diseases and disorders of the skin, electricity, chemistry, and light therapy - 140 hours;

(e) waxing - 20 hours;

(f) salon management, general facility sanitation and cleanliness, business methods, appointment book, customer service, professional ethics, and current state board laws and rules - 130 hours; and

(g) 1100 hours of electrology instruction at the sponsor's discretion.

(6) The minimum required curriculum for a 2000-hour esthetics apprenticeship including at least 65 hours in theory, is:

(a) bacteriology, sanitation, sterilization, safety, anatomy, physiology, blood exposure procedure, diseases and disorders of the skin, electricity, chemistry, and light therapy - 120 hours;

(b) massage, skin care, makeup, cosmetics, facials, the application and maintenance of artificial eyelashes and extensions, tinting of the eyelashes and eyebrows, the chemical curling of the eye lashes, and skin exfoliation - 600 hours;

(d) salon management, general facility sanitation and cleanliness, business methods, appointment book, customer service, professional ethics, and current state board laws and rules - 120 hours; and

(e) 1060 hours of esthetics instruction at the sponsor's discretion.

(7) The minimum required curriculum for a 2000-hour manicuring apprenticeship including at least 40 hours in theory, is:

(a) salon management, general facility sanitation and cleanliness, business methods, customer service, appointment book, professional ethics, and current board laws and rules - 120 hours;

(b) bacteriology, sanitation, sterilization, safety, anatomy, physiology, blood exposure procedure, diseases and disorders of skin and nails, basic chemistry, nail product chemistry, and electricity - 120 hours;

(d) use of the electric nail file - 20 hours;

(e) application of monomer liquid and polymer powder nail enhancements, nail tips, UV gels, and nail art - 280 hours; and

(f) 1390 hours of manicuring instruction at the sponsor's discretion.

(8) Apprentices must complete the following hours of basic training and theory education as described in (1) through (7) before providing any services on the public:

(a) barbering students - 225;

(b) barbering nonchemical students - 150;

(d) electrology students - 150 for facial services and 50 for other services;

(e) esthetics students - 150; and

(f) manicuring students - 110.

History

Authorizing statute(s): 37-1-148, 37-31-203, MCA
Implementing statute(s): 37-1-148, 37-31-203, MCA
History: NEW, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Mont. Admin. R. 24.121.622 Mentors and Supervision

(1) Each mentor employed by a sponsor may supervise up to two apprentices.

(2) A mentor must be onsite at the licensed premises and readily available when an apprentice is providing services to a client.

History

Authorizing statute(s): 37-1-148, 37-31-203, MCA
Implementing statute(s): 37-1-148, 37-31-203, MCA
History: NEW, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Subchapter 24.121.8 Schools

Mont. Admin. R. 24.121.801 Inspection - School Layout (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, 37-31-311, MCA
Implementing statute(s): 37-1-131, 37-31-311, 37-31-312, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2010 MAR p. 1402, Eff. 6/11/10; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 221, Eff. 2/18/17; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.803 School Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, 37-31-311, MCA
Implementing statute(s): 37-31-311, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2006 MAR p. 1383, Eff. 6/2/06; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2010 MAR p. 1402, Eff. 6/11/10; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.805 School Operating Standards

(1) School licenses are not transferable. Upon a 50 percent or more change in ownership or a change in location, schools must submit a new school application.

(2) Schools must adopt, maintain, and provide students access to all school administration policies and procedures.

(3) Schools must securely maintain for not less than five years from the last year of enrollment, complete attendance files on every student.

(4) Schools must provide all exiting students current and accurate transcripts.

(5) Schools may convert clock hours to credit hours using the conversion rate of 30 clock hours to one credit hour.

(6) Clock hours must be verified by a time-keeping system sufficient to protect against tampering.

(7) Appropriately licensed teachers must directly supervise students at all times on the school premises in the classroom and on the clinic floor. No teacher may supervise classroom and clinic floor activities simultaneously.

(8) Teachers must wear name badges or insignia identifying them as teachers.

(9) Schools must not allow teachers to practice on the public, expect for demonstration purposes to instruct students in a classroom setting.

(10) Students must complete the following hours of basic training before providing any services on the public, with or without compensation to the school:

(a) barbering students - 225 hours;

(b) barbering nonchemical students - 150 hours;

(d) electrology students - 150 hours for facial services and 50 hours for other services;

(e) esthetics students - 150 hours; and

(f) manicuring students - 110 hours.

(11) Schools must not deduct or reduce hours earned by students as a form of disciplinary sanction or for any other reason.

(12) Schools may approve students to register for the licensing examinations in ARM 24.121.611 upon completion of 90 percent of their educational requirements.

History

Authorizing statute(s): 37-31-203, 37-31-311, MCA
Implementing statute(s): 37-31-311, MCA
History: NEW, 2005 MAR p. 262, Eff. 11/19/04; AMD, 2006 MAR p. 1383, Eff. 6/2/06; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2010 MAR p. 1402, Eff. 6/11/10; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 1956, Eff. 10/28/17; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.806 Postsecondary Education Status (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, MCA
Implementing statute(s): 37-31-101, 37-31-302, 37-31-311, MCA
History: NEW, 2014 MAR p. 1085, Eff. 5/23/14; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.807 School Curricula

(1) The minimum required curriculum for an 1100-hour barbering chemical course including at least 150 hours in theory, is:

(a) haircutting with proper use of tools - 225 hours;

(b) shampoo, scalp treatment, and hair styling - 150 hours;

(d) chemical services - 300 hours;

(e) chemistry, bacteriology, sanitation, sterilization, safety, skin, hair, and scalp anatomy, physiology, blood exposure procedure, and diseases and disorders of skin, hair, and scalp - 60 hours;

(g) 5 hours of barbering chemical instruction at the school's discretion.

(2) The minimum required curriculum for a 900-hour barbering nonchemical course including at least 100 hours in theory, is:

(a) haircutting with proper use of tools - 225 hours;

(b) shampoo, scalp treatment, and hair styling - 150 hours;

(d) chemistry, bacteriology, sanitation, sterilization, safety, skin, hair, and scalp anatomy, physiology, blood exposure procedure, and diseases and disorders of skin, hair, and scalp - 60 hours;

(f) 105 hours of barbering nonchemical instruction at the school's discretion.

(3) The minimum required curriculum for a 1500-hour cosmetology course including at least 200 hours in theory, is:

(a) manicuring, 185 hours including:

(i) manicures and pedicures - 35 hours;

(ii) application of monomer liquid and polymer powder nail enhancements, nail tips, UV gels, and nail art - 140 hours; and

(iii) use of manicuring implements including the electric nail file - 10 hours;

(b) esthetics, 350 hours including:

(i) skin care, facials, cosmetics, makeup, massage, application and maintenance of artificial eyelashes and extensions, eyelash and eyebrow tinting, chemical curling of eyelashes, and skin exfoliation - 300 hours; and

(ii) waxing - 50 hours.

(d) chemical services - 300 hours;

(e) hair cutting - 225 hours;

(f) salon management, general facility sanitation and cleanliness, business methods, customer service, appointment book, professional ethics, and current board laws and rules - 60 hours;

(g) chemistry, bacteriology, sanitation, sterilization, safety, anatomy, physiology, blood exposure procedure, and diseases and disorders of hair, scalp, skin, and nails - 60 hours; and

(h) 170 hours of cosmetology instruction at the school's discretion.

(4) The minimum required curriculum for a 600-hour electrology course including at least 120 hours in theory, is:

(a) electrolysis - 5 hours;

(b) thermolysis - 150 hours;

(d) bacteriology, sanitation, sterilization, safety, anatomy, physiology, blood exposure procedure, diseases and disorders of the skin, electricity, chemistry, and light therapy - 70 hours;

(e) waxing - 10 hours;

(f) salon management, general facility sanitation and cleanliness, business methods, appointment book, customer service, professional ethics, and current state board laws and rules - 65 hours; and

(g) 150 hours of electrology instruction at the school's discretion.

(5) The minimum required curriculum for a 650-hour esthetics course including at least 65 hours in theory, is:

(a) bacteriology, sanitation, sterilization, safety, anatomy, physiology, blood exposure procedure, diseases and disorders of the skin, electricity, chemistry, and light therapy - 60 hours;

(b) massage, skin care, makeup, cosmetics, facials, application and maintenance of artificial eyelashes and extensions, eyelash and eyebrow tinting , chemical curling of eyelashes, and skin exfoliation - 300 hours;

(d) salon management, general facility sanitation and cleanliness, business methods, appointment book, customer service, professional ethics, and current state board laws and rules - 60 hours; and

(e) 180 hours of esthetics instruction at the school's discretion.

(6) The minimum required curriculum for a 400-hour manicuring course including at least 40 hours in theory, is:

(a) salon management, general facility sanitation and cleanliness, business methods, customer service, appointment book, professional ethics, and current board laws and rules - 60 hours;

(d) use of the electric nail file - 10 hours;

(e) application of monomer liquid and polymer powder nail enhancements, nail tips, UV gels, and nail art - 140 hours; and

(f) 95 hours of manicuring instruction at the school's discretion.

(7) The minimum required curriculum for a 650-hour teacher-training course is:

(a) teaching methods - 245 hours including:

(i) task analysis;

(ii) developing instructional objectives;

(iii) visual aids and their construction;

(iv) motivational tools;

(v) preparation of instructive materials;

(vi) lesson planning;

(vii) fundamentals of speech and public speaking;

(viii) methods of test construction;

(ix) methods of evaluation or grading; and

(x) curriculum planning and development;

(b) general psychology - 75 hours including:

(i) general teaching and counseling principles;

(ii) conflict resolution;

(iii) student counseling;

(iv) student and teacher relationships; and

(v) public relations;

(i) recruitment;

(ii) job analysis;

(iii) student registration, withdrawal, and hours;

(iv) ethical employee and employer relationships;

(v) salon/booth rental relationship;

(vi) professional ethics; and

(vii) current board laws and rules;

(d) advanced theory of cosmetology, esthetics, manicuring, barbering, or electrology, and the chemistry, safety, sanitation, bacteriology, physiology, anatomy, and diseases and disorders that apply to each course - 75 hours; and

(e) 140 hours of teacher-training instruction at the school's discretion.

(8) "Supplemental barbering course" is a course of study in a licensed school offering a barbering or barbering nonchemical course, consisting of at least 50 hours in clipper cuts and 100 hours in facial, neck, and outline shaving, taken by someone licensed in Montana or another jurisdiction to meet the educational requirements for a barber or barber nonchemical license prior to taking the board-approved exam.

History

Authorizing statute(s): 37-31-203, 37-31-311, MCA
Implementing statute(s): 37-31-101, 37-31-304, 37-31-305, 37-31-311, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2010 MAR p. 1402, Eff. 6/11/10; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2014 MAR p. 1085, Eff. 5/23/14; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 221, Eff. 2/18/17; AMD, 2017 MAR p. 1956, Eff. 10/28/17; AMD, 2024 MAR p. 2007, Eff. 8/10/24; AMD, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Mont. Admin. R. 24.121.808 Credited Hours for Montana Licensees in a Cosmetology or Barbering Program

(1) Montana licensees will receive the following hours towards course requirements upon enrollment in a cosmetology course in Montana:

(a) licensed barber 1000 hours;

(b) licensed barber nonchemical 900 hours;

(d) licensed manicurist 150 hours; or

(e) licensed esthetician 245 hours of credit will be given towards the cosmetology course.

History

Authorizing statute(s): 37-31-203, 37-31-304, MCA
Implementing statute(s): 37-31-203, 37-31-304, MCA
History: NEW, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 1956, Eff. 10/28/17; AMD, 2018 MAR p. 1605, Eff. 8/11/18; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.809 Student Withdrawal, Transfer, or Graduating (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, 37-31-311, MCA
Implementing statute(s): 37-31-311, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2006 MAR p. 1383, Eff. 6/2/06; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2015 MAR p. 1198, Eff. 8/14/15; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.811 Field Trips

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, MCA
Implementing statute(s): 37-31-311, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; REP, 2006 MAR p. 1383, Eff. 6/2/06.

Mont. Admin. R. 24.121.818 School Equipment

(1) All schools must provide:

(a) a separate classroom, other than the clinic floor, for theory or basic classes;

(b) one sink for hand washing, not in a restroom;

(d) a fire extinguisher;

(e) one locker per two students;

(f) one protective covering per student; and

(g) for the first 15 enrolled students:

(i) two covered wet sanitizers;

(ii) one closed cabinet for clean linens;

(iii) one covered soiled linen container; and

(iv) two covered garbage containers.

(h) The required equipment in (g) must be doubled for 16 to 30 students and tripled for 31 to 45 students.

(2) In addition to the requirements in (1), each school must ensure adequate equipment and stations for all students to be taught the curriculum of the course(s) the school is licensed to teach.

(3) Each student actively working on the clinic floor must have access to an individual station.

History

Authorizing statute(s): 37-31-203, 37-31-311, MCA
Implementing statute(s): 37-31-311, MCA
History: NEW, 2024 MAR p. 2007, Eff. 8/10/24; AMD, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Subchapter 24.121.11 Teacher-Training

Mont. Admin. R. 24.121.1101 Applications to Offer Teacher-Training Courses (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, 37-31-311, MCA
Implementing statute(s): 37-31-305, 37-31-311, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1103 Teacher-Training Programs

(1) Schools licensed to offer teacher-training programs must have at least one full-time licensed teacher per student teacher continuously on the premises during school hours.

(2) Student teachers must wear badges or insignia indicating their student teacher status.

(3) Student teachers must be under the direct on-site supervision of a full-time licensed teacher while practice teaching.

(4) Schools with teacher-training courses may accept transfer credits from accredited colleges or universities for credits earned at those schools which overlap with required teacher-training course requirements under board laws and rules.

History

Authorizing statute(s): 37-31-203, 37-31-311, MCA
Implementing statute(s): 37-31-305, 37-31-311, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2018 MAR p. 1605, Eff. 8/11/18; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1105 Teaching Methodology Coursework

(1) Teachers licensed under ARM 24.121.607(1)(b) must complete 135 hours of teaching methodology coursework within two years of licensure that includes:

(a) teaching methods 6 credits or 90 hours:

(i) task analysis;

(ii) developing instructional objectives;

(iii) visual aids and their construction;

(iv) motivational tools;

(v) preparation of instructive materials;

(vi) lesson planning;

(vii) fundamentals of speech and public speaking;

(viii) methods of test construction;

(ix) methods of evaluation or grading; and

(x) curriculum planning and development; and

(b) educational psychology three credits or 45 hours.

(2) Coursework may be completed through:

(a) classes acceptable to a state's board of regents or equivalent authority and approved through that state's university system;

(b) self‐study if observed and documented by a licensed school; or

(3) Before renewing the instructor license, documentation of completed coursework must be submitted for approval.

(4) Coursework completed prior to instructor licensure may be used to satisfy the requirements of this subsection.

History

Authorizing statute(s): 37-31-203, 37-31-311, MCA
Implementing statute(s): 37-31-305, 37-31-311, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2006 MAR p. 1383, Eff. 6/2/06; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2017 MAR p. 221, Eff. 2/18/17; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Subchapter 24.121.13 Salons and Booth Rentals

Mont. Admin. R. 24.121.1301 Salon, Shop, Mobile Salon or Shop Licenses – General Information (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, 37-31-302, 37-31-312, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 221, Eff. 2/18/17; AMD, 2018 MAR p. 1605, Eff. 8/11/18; AMD, 2021 MAR p. 1773, Eff. 12/11/21; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1302 Salon, Shop, Booth Rental, and Mobile Salon or Shop Operation Standards (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, 37-31-302, 37-31-309, 37-31-312, MCA
History: NEW, 2021 MAR p. 1773, Eff. 12/11/21; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Subchapter 24.121.15 Sanitary Standards

Mont. Admin. R. 24.121.1501 General Premises Sanitation

(1) All areas, fixtures, furniture, floors, walls, windows, doors, and receptacles must be clean, safe, and adequately lighted.

(2) Carpeting is prohibited in the working areas and dispensaries of all premises licensed on or after November 19, 2004.

(a) Premises licensed prior to this date must use appropriate, nonabsorbent floor covering over the carpet.

(b) Upon alteration or remodeling of the premises, carpet must be removed and replaced with appropriate, nonabsorbent floor covering.

(3) All premises must have:

(a) one sink convenient to the work areas, but not within a restroom, with hot and cold running water and:

(i) connected to a sewer or septic system; or

(ii) connected to a wastewater holding tank and meeting applicable wastewater laws; and

(iii) a liquid soap dispenser and single service towels or an air dryer;

(b) one covered soiled linen container;

(d) one enclosed cabinet for storing clean towels and linens.

(4) Licensees must:

(a) place garbage in easily cleanable, leak proof, plastic lined, nonabsorbent covered containers and dump frequently to prevent overflow;

(b) sweep hair clippings after each client; and

(c) dispose of chemicals, liquids, implements, aluminum oxide crystals, or approved corundum in accordance with federal, state, and local regulations.

(5) If the premises has a public restroom used to store chemicals used in a licensee’s practice, the chemicals must be stored in a locked cabinet.

History

Authorizing statute(s): 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2021 MAR p. 1773, Eff. 12/11/21; AMD, 2024 MAR p. 2007, Eff. 8/10/24; AMD, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Mont. Admin. R. 24.121.1503 Lighting

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; REP, 2021 MAR p. 1773, Eff. 12/11/21.

Mont. Admin. R. 24.121.1505 Restrooms (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2007 MAR p. 859, Eff. 6/22/07; AMD, 2021 MAR p. 1773, Eff. 12/11/21; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1507 Sinks, Sanitizers, Containers, and Cabinets – Salons, Shops, Mobile Salons or Shops, and Schools (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2021 MAR p. 1773, Eff. 12/11/21; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1509 Implements, Instruments, Supplies, and Equipment

(1) All premises must maintain manufacturers'/owners' manuals for all equipment in service.

(2) For manicuring, only electric file machines specifically manufactured for use in the nail industry are permitted.

(a) Only bits specifically manufactured for use on the natural nail plate shall be used on the natural nail.

(b) Metal bits and disposable sanding bands made specifically for use on natural nail may be used in that manner and may be used on the acrylic surface covering the nail.

(3) For esthetics:

(a) only microdermabrasion machines specifically manufactured for use in esthetics services are permitted. Microdermabrasion machines must be:

(i) closed systems only;

(ii) maintained in sanitary and safe conditions at all times, including but not limited to changing filters in accordance with OSHA and manufacturer requirements; and

(iii) used only in accordance with specific manufacturer directions;

(b) solid or liquid abrasives used in microdermabrasion machines are for single-use purpose only and shall be discarded after each use in accordance with federal, state, and local disposal regulations;

(d) single-use plastic tips are allowed and must be disposed of after each use.

(4) For electrology:

(a) A high frequency generator, galvanic generator, or electrolysis machine is required (dispersive or inactive electrode with connections to the machine, such as wet pad, metal rod, or water jar, necessary for electrology treatments).

(b) Only presterilized, disposable needles may be used for electrolysis services in a licensed premises unless a properly installed, serviced, and operated autoclave is utilized for sterilization of reusable needles.

(i) Needles may not be recapped, bent, or otherwise manipulated by hand prior to disposal, to avoid accidental puncture injury.

(ii) Needles must be placed in a puncture-resistant sharps container immediately after use, when damaged, when contaminated before use, or when not used before the preprinted expiration date.

(c) Fine-pointed epilation forceps, draping sheets or towels. and covered containers for lotions, soaps, and cotton are required.

History

Authorizing statute(s): 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2005 MAR p. 262, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2010 MAR p. 1402, Eff. 6/11/10; AMD, 2010 MAR p. 2378, Eff. 10/15/10; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2017 MAR p. 221, Eff. 2/18/17; AMD, 2018 MAR p. 1605, Eff. 8/11/18; AMD, 2021 MAR p. 1773, Eff. 12/11/21; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1511 Sanitizing and Disinfecting

(1) All implements, equipment, and electrical instruments must be thoroughly cleaned and subjected to approved sanitizing and disinfecting processes per this rule.

(2) Containers must be large enough to completely cover all implements with sanitizing and disinfecting agents.

(3) After removing all debris, implements must be thoroughly washed in clean water and detergent and rinsed in clean water.

(4) All equipment and implements must be cleaned and disinfected by complete immersion in an EPA-registered, bactericidal, virucidal, and fungicidal disinfectant that is mixed and used according to the manufacturer's directions.

(5) All nonimmersible equipment must be sanitized with one of the following:

(a) detergent solutions;

(b) alcohol used at 70 percent or higher strength may be used as a sanitizer with a minimum of 20 minutes contact time;

(d) chlorine compounds, hypochlorited in liquid or powder form (household bleach), may be used as a sanitizing agent at one part per 100 concentration with a five-minute contact time.

(6) After sanitizing and disinfecting, implements must be stored in clean, disinfected, dry, covered containers, separate from used or soiled implements.

(7) Electrical equipment, whether professional or consumer designed, providing circulating, whirlpool, or vacuum effects shall be:

(a) cleaned and disinfected after each use; and

(b) flushed, cleaned, and disinfected on a regular basis. The licensee must maintain detailed cleaning documentation.

(8) In addition to the above requirements, the following applies to electrology:

(a) chair and table headrests must be covered with a single use protective covering;

(b) before each use, electrolysis tweezers and other nondisposable implements must be cleansed with warm water and soap, rinsed thoroughly, placed into an ultrasonic cleanser or chemical sterilant presoak, and sterilized by:

(i) sterilizing packets with saturated steam, 15 PSI, and 250°F for 30 minutes; or

(ii) sterilizing packets with dry heat lab oven, 340°F for 60 minutes;

(c) equipment for steam or dry heat methods must be checked weekly to ensure functionality and reaching required temperature;

(d) licensees must maintain records consisting of date and sterile packet strip; and

(e) licensees must utilize outside biological monitors quarterly to ensure proper mechanical function of sterilizers and maintain records of the results.

(9) Sanding bands used on electric file mandrels are single use and must be discarded after one use.

(10) Metal bits for electric files must be properly sanitized and disinfected after each client.

(11) Paraffin treatments must be administered by a single service or sanitized method of application to avoid cross contamination.

(12) Foot bath basins must be sanitized and disinfected after each use.

(a) All screens, tubing, other removable parts, and the areas behind each must be done at the end of each business day.

(13) Cloth towels and other linens must be laundered before each use.

(14) Single service items must be used once and disposed of after use.

History

Authorizing statute(s): 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2010 MAR p. 1402, Eff. 6/11/10; AMD, 2018 MAR p. 1605, Eff. 8/11/18; AMD, 2021 MAR p. 1773, Eff. 12/11/21; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1513 Sanitizing Agents (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1514 Disinfecting Agents (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2015 MAR p. 2034, Eff. 11/13/15; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1515 Implements and Equipment Storage and Handling (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1517 Implements, Equipment, and Preparations – Prohibited Items

(1) Licensees must:

(a) store soiled implements and equipment separately from those that have been sanitized and disinfected;

(b) use clean towels for each client. Soiled towels must be kept in an appropriate container and laundered regularly;

(c) use sanitary neck strips, towels, or a freshly laundered cape to keep hair clippings from contacting the client's neck;

(d) not place implements, instruments, or other equipment onto garments or in garment pockets;

(e) sanitize and disinfect implements, instruments, and other equipment dropped on the floor before reusing;

(f) maintain and make available to the public all Safety Data Sheets (SDS) for products used on the premises;

(g) store, handle, and apply all preparations to protect against contamination and dispense preparations from containers by pump, spray, or single-service spatulas;

(h) when using bulk products in secondary storage containers, label the new storage container with product name, ingredients, and warnings;

(i) store and apply liquid or powder astringent with a clean sterilized gauze or cotton pad;

(j) use acids for chemical exfoliation only in concentrations of 30 percent or less, with a pH level of not less than 3.0; and

(k) use only commercially available products for chemical exfoliation and not mix or combine any skin exfoliation products.

(2) Licensees may not use or possess the following items in a licensed premises:

(a) pumice stones;

(b) natural sponges;

(d) methyl methacrylate monomers for artificial nails;

(e) phenol, resorcinol, trichloroacetic acid (TCA), or Jessner's solution for chemical exfoliation; and

(f) cosmetic products containing hazardous substances banned by the U.S. Food and Drug Administration (FDA).

(3) Fish may not be utilized in the provision of any licensed service.

History

Authorizing statute(s): 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2010 MAR p. 1402, Eff. 6/11/10; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2021 MAR p. 1773, Eff. 12/11/21; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1519 Waste Disposal (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1521 Personal Hygiene (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1522 Blood Exposure

(1) If there is exposure to blood or other body fluids during a service, licensees and students must stop the service and before returning to service, clean the wound with an antiseptic solution and cover the wound with a sterile bandage.

(2) If the hand wound is in an area that can be covered, the licensee or student shall wear a clean, fluid-proof protective glove or finger cover. If the wound is on the client, the licensee or student must wear gloves on both hands.

(3) Blood-contaminated material must be disposed of in the garbage and blood-contaminated implements, instruments, supplies, equipment, and electrical equipment must be disinfected per ARM 24.121.1511.

(4) Licensees must post the blood exposure procedure of this rule in all licensed premises.

History

Authorizing statute(s): 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2021 MAR p. 1773, Eff. 12/11/21; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.1523 Disease Control

(1) A licensee or student must not provide services to a client if the licensee, student, or client has an infectious, contagious, or a communicable disease or condition that can be transmitted through casual contact.

(2) A licensee or student having an infectious, contagious, or communicable disease or condition must take all reasonable and necessary steps to avoid transmitting a disease or condition to clients and coworkers.

(3) A licensee or student with a discharging or infected sore on any exposed portion of the body must be excluded from all premises, unless the sore is adequately covered to prevent transmission.

(4) If a licensee or student detects that a client has pediculosis capitis (head lice), the licensee or student must refuse to provide service and may provide necessary information and/or products for home self-treatment.

History

Authorizing statute(s): 37-31-203, 37-31-204, MCA
Implementing statute(s): 37-31-204, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2024 MAR p. 2007, Eff. 8/10/24.

Subchapter 24.121.21 Continuing Education

Mont. Admin. R. 24.121.2101 Continuing Education – Instructors (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-141, 37-1-306, 37-1-319, 37-1-321, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2006 MAR p. 1383, Eff. 6/2/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 2378, Eff. 10/15/10; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2021 MAR p. 1773, Eff. 12/11/21; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.2110 Continuing Education – Teachers

(1) Teachers must:

(a) complete 30 hours of continuing education (CE) per renewal period with a minimum of eight hours in teaching methodology per ARM 24.121.1105;

(b) affirm an understanding of the duty to comply with CE requirements at renewal;

(c) select quality programs that focus on protecting the health, safety, and welfare of the public and contribute to professional knowledge and competence. Acceptable CE activities:

(i) directly relate to the teacher's scope of practice;

(ii) review current concepts and techniques;

(iii) convey information beyond basic professional education;

(iv) update knowledge on practice and advances in the profession; or

(v) reinforce professional conduct or ethical obligations of the teacher; and

(d) maintain CE documentation that includes the following for three years and provide documentation to the board upon request:

(i) licensee name;

(ii) course title and description of content;

(iii) presenter or sponsor;

(iv) course completion date(s); and

(v) CE hours earned.

(2) CE requirements do not apply until after the first renewal.

(3) CE hours will not be granted for teaching a course.

(4) The department may randomly audit up to 50 percent of renewed teachers.

(5) Noncompliance with CE requirements may result in administrative suspension.

(6) CE hours used to complete delinquent CE requirements cannot be applied toward the next reporting period.

(7) CE hours required by disciplinary order cannot be applied toward the biennial 30 hours required in this rule.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-141, 37-1-306, 37-1-319, 37-31-321, MCA
History: NEW, 2024 MAR p. 2007, Eff. 8/10/24.

Subchapter 24.121.23 Unprofessional Conduct

Mont. Admin. R. 24.121.2301 Unprofessional Conduct (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-31-203, MCA
Implementing statute(s): 37-1-136, 37-1-137, 37-1-316, 37-1-319, 37-31-301, 37-31-331, MCA
History: NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2006 MAR p. 1383, Eff. 6/2/06; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2010 MAR p. 1402, Eff. 6/11/10; AMD, 2010 MAR p. 2378, Eff. 10/15/10; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2021 MAR p. 1773, Eff. 12/11/21; REP, 2024 MAR p. 2007, Eff. 8/10/24.

Mont. Admin. R. 24.121.2310 Unprofessional Conduct

(1) In addition to the provisions of 37-1-316, MCA, it is unprofessional conduct for board licensees to:

(a) violate a federal, state, or local law or rule relating to the conduct of the profession;

(b) fail to cooperate with or respond to a department request or investigation;

(d) perform services or use machines or devices that are outside of the licensee's scope of practice;

(e) practice under unsanitary or unsafe conditions;

(f) commit any act of sexual abuse, misconduct, or exploitation whether or not it is related to the licensee's practice;

(g) fail to adequately supervise apprentices; and

(h) use the traditional symbol known as the "barber pole," or any likeness thereof, in any manner that may lead the public to believe either that barbering was being practiced in, or that a licensed barber was employed by, a salon or shop that does not employ barbers.

History

Authorizing statute(s): 37-1-148, 37-1-319, MCA
Implementing statute(s): 37-1-148, 37-1-316, 37-1-319, MCA
History: NEW, 2024 MAR p. 2007, Eff. 8/10/24; AMD, 2025 MAR, Notice No. 2025-221, Eff. 11/22/25.

Chapter 24.122 Boiler Operating Engineers

Subchapter 24.122.3 Definitions

Mont. Admin. R. 24.122.301 Definitions

For the purposes of this chapter, the following definitions apply:

(1) "Boiler classification" means for the purpose of determining the appropriate class of boiler operating engineer's license required:

(a) a determination of the conditions under which the boiler is actually being operated, with respect to:

(i) the operating pressure;

(ii) the operating temperature; and

(iii) the BTUs per hour or horsepower per hour produced; but

(b) is not based upon the maximum allowable working pressure (MAWP) rating limit(s) established on the boiler's manufacturer's data plate.

(i) The department may require the boiler owner to provide appropriate verification from the power supplier, which establishes the BTU per hour or horsepower per hour rate at which the boiler is being fired, as applicable.

(2) "Department" means the Department of Labor and Industry.

(3) "Hot water supply boiler" means a boiler, completely filled with water, intended for operation at pressures not exceeding 160 psig and/or temperatures exceeding 250 degrees F., measured at or near the boiler outlet, that furnishes hot water to be used external to itself.

(4) "Monitoring" the operation of a boiler means appropriate periodic maintenance and observation of the functioning of a hot water heating boiler or hot water supply boiler, which contains all failsafe features necessary to operate fully unattended. Failsafe features include control circuitry that stops the flow of fuel and/or control feed water to the boiler.

(5) "Operating" a power boiler or steam engine means the manual operating and monitoring of an automatically fired power boiler or steam engine, which requires the operator to be present while the boiler is fired.

(6) "Power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than 15 pounds per square inch gauge pressure (psig).

(7) The department incorporates by reference the definitions related to boiler operators in building code rules at ARM 24.301.711, which include the following terms:

(a) boiler;

(b) high temperature water boiler;

(d) standard boiler;

(e) state special boiler;

(f) steam heating boiler;

(g) temporary boiler;

(h) traction engine;

(i) water heater; and

(j) water heating system.

History

Authorizing statute(s): 50-74-101, MCA
Implementing statute(s): 50-74-101, MCA
History: NEW, 2005 MAR p. 583, Eff. 4/15/05; AMD, 2013 MAR p. 52, Eff. 1/18/13.

Subchapter 24.122.4 General Provisions

Mont. Admin. R. 24.122.401 Fee Schedule for Boiler Operating Engineers

(1) Initial application, including examination for all classes of licensure $70

(2) Annual renewal of license (all classes) 35

(3) Additional standardized fees are specified in ARM 24.101.403.

(4) An applicant who fails the examination shall pay 50 percent of the licensure fee in order to retake the examination.

(5) All fees are nonrefundable.

History

Authorizing statute(s): 37-1-134, 50-74-101, MCA
Implementing statute(s): 37-1-101, 37-1-134, 37-1-141, 50-74-320, MCA
History: NEW, 1995 MAR p. 2247, Eff. 10/27/95; AMD, 1998 MAR p. 453, Eff. 2/13/98; AMD, 2004 MAR p. 3028, Eff. 12/17/04; TRANS, from Commerce, 2005 MAR p. 581; AMD, 2006 MAR p. 1277, Eff. 5/19/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2021 MAR p. 468, Eff. 5/1/21.

Mont. Admin. R. 24.122.405 Approval of Training Courses

(1) Any person or entity wishing to conduct a training course approved by the department as acceptable for fulfilling educational requirements for boiler operator engineer licensure established in 50-74-304, MCA, shall apply for approval on forms provided by the department.

(2) Minimum training course hours are as follows:

(a) For all low-pressure and third-class boiler operating engineer training courses, a minimum of 30 hours, including classroom instruction and field or shop time is required.

(b) For limited low-pressure boiler operating engineer training courses, a minimum of 6 hours, including classroom instruction and field or shop time, is required.

(3) Training course providers shall receive department approval prior to offering courses. Applications for approval of a training course must include the following:

(a) a description of the training course identifying the specific class of license for which the course is designed;

(b) a list of books, publications, and source material to be utilized in the training course;

(c) a course outline, which includes a breakdown of the hours to be used to cover each area of training, including total classroom instruction hours and field or shop time hours;

(d) a copy of the certificate of completion to be awarded to the persons successfully completing the course;

(e) the name of each licensed operator who will act as an instructor for the course; and

(f) other documentation acceptable to the department, which outlines the instructor qualifications to teach the course.

(i) Instructors who are not currently licensed by the state of Montana as a boiler operating engineer must have a class of license at least equal to the level of training class being offered and are required to successfully pass the applicable written examination prior to teaching the training course.

(4) The department will review and evaluate each training course application on a case-by-case basis, and will approve only those courses fulfilling the requirements established in this chapter. Once approved by the department, course curriculum cannot be modified until proposed changes are approved by the department.

(a) Approval for a training course remains valid until such time as the department gives the training course provider 30 days notice of the department's justification and intent to withdraw its approval of the course.

(b) Training course providers may petition the department for reconsideration during the 30-day period. The department will notify the provider of its final determination subsequent to the termination of the 30-day period.

(c) The department staff may, at no charge, observe courses for the purpose of auditing the course content, but will not be issued a course completion certificate.

(5) Instructors or entities approved to conduct a training course shall provide a certificate of completion to those persons successfully completing the course, which includes the specific name of the approved course, the number of hours of total training, the name of the person receiving the training, the location (city) of the training, and the date of completion.

History

Authorizing statute(s): 50-74-101, MCA
Implementing statute(s): 50-74-304, MCA
History: NEW, 2005 MAR p. 583, Eff. 4/15/05; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2021 MAR p. 468, Eff. 5/1/21; AMD, 2021 MAR p. 1552, Eff. 11/6/21.

Mont. Admin. R. 24.122.410 Responsibility of Licensee

(1) Licensed boiler operating engineers shall allow a department inspector free access to the boiler and, when requested, shall assist the inspector with the inspection.

(2) A power boiler in active service (which is the period of time when the main stop valves are open and the boiler is firing) must not be left unattended for a period longer than it takes for the water level to drop below the normal operating level when:

(a) the feed water is shut off; and

(b) the boiler is forced to its maximum capacity.

(3) The operator shall personally check the operation of a power boiler, the necessary auxiliaries, and the water level in the boiler at such intervals as are necessary to ensure safe operation of the boiler. In no case when the power boiler is being manually operated may this interval exceed 120 minutes, or the requirements of the boiler manufacturer as set forth in ASME CSD 1, whichever period is shorter.

(4) The operator of any boiler, other than a power boiler, whenever the boiler is being manually operated, shall personally check the operation of such boiler in intervals established by the requirements of the boiler manufacturer as set forth in ASME CSD 1.

(5) All applicable boiler operating certificates and boiler operating engineer's licenses must be conspicuously displayed in the boiler room. In lieu of posting in the boiler room, appropriate signage may be provided, establishing the location where the documents may be examined.

(6) Licensees shall notify the department of any change in the status of their responsibility to operate and/or monitor the boiler(s). Notification must be in writing and received by the department within ten days of the change of status.

(7) When an incident occurs which renders a boiler inoperative, the licensee shall notify the department as soon as it is practical.

History

Authorizing statute(s): 50-74-101, MCA
Implementing statute(s): 50-74-106, 50-74-210, 50-74-214, MCA
History: NEW, 2005 MAR p. 583, Eff. 4/15/05; AMD, 2013 MAR p. 52, Eff. 1/18/13.

Subchapter 24.122.5 Licensing

Mont. Admin. R. 24.122.501 License Required to Operate Boilers and Steam Engines

(1) A person shall obtain the proper class of boiler operating engineer's license from the department if the person is:

(a) operating a boiler;

(b) operating a steam engine; or

(2) If the boiler or steam engine being operated or monitored is exempt from the provisions of Title 50, chapter 74, MCA, the person is not required to obtain a boiler operating engineer's license.

History

Authorizing statute(s): 50-74-101, MCA
Implementing statute(s): 50-74-103, 50-74-301, MCA
History: NEW, 2005 MAR p. 583, Eff. 4/15/05.

Mont. Admin. R. 24.122.505 Application for Licensure

(1) Any person required to obtain a boiler operating engineer's license shall make application to the department on form(s) and in a manner prescribed by the department.

(2) Applications for licensure must include:

(a) a completed application;

(b) applicant's birth date and declaration that the applicant is 18 years of age or older;

(d) documentation acceptable to the department establishing that the applicant has the requisite experience and qualifications to take the examination.

(3) Applicants for a limited low-pressure, low-pressure, or third-class boiler operating engineer's license may provide documentation in lieu of the requisite experience and qualification requirements which provides:

(a) proof the applicant has successfully completed department-approved training course(s) specific to the class of boiler license sought; and

(b) verification acceptable to the department from a boiler operating engineer with a license at least equal to the class of license sought by the applicant, that the applicant has worked with the type of boiler for which the license is sought under the engineer's supervision for a minimum of:

(i) 40 hours for a low-pressure or third-class boiler operating engineer's license; or

(ii) 8 hours for a limited low-pressure boiler operating engineer's license.(4) The department will review applications for licensure on a case-by-case basis and approve only those applicants meeting the requirements established by 50-74-304 or 50-74-307, MCA, as applicable. The department may accept credentials and documentation it believes to be substantially equal to the training and experience requirements established above.

History

Authorizing statute(s): 50-74-101, MCA
Implementing statute(s): 50-74-302, 50-74-303, 50-74-304, 50-74-305, 50-74-307, 50-74-308, 50-74-318, MCA
History: NEW, 2005 MAR p. 583, Eff. 4/15/05; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2021 MAR p. 1552, Eff. 11/6/21.

Mont. Admin. R. 24.122.508 Substantial Equivalency

(1) The department adopts and incorporates by reference the 2026 substantial equivalency list for the Boiler Operating Engineers Program publication. The publication is available on the department’s website.

(2) The department intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 50-74-101, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2026-138, Eff. 8/22/26.

Mont. Admin. R. 24.122.510 Examinations

(1) The department may accept third-party testing locations and accept examination results from third-party agencies if authorized by the department.

(2) Special examinations may be held in the event the examination date and place regularly set by the department conflicts with the religious beliefs of the applicant or for other appropriate reasons, and in that event, the applicant may petition the department by letter requesting such special examination. If the department allows such a special examination, it shall set the time and place, in its discretion.

(3) Applicants will be required to successfully complete the examination with a minimum passing score of 70 percent.

(4) Failing candidates will be required to pay a retake fee and will have to wait a minimum of 45 days from their last failure to retake the examination.

History

Authorizing statute(s): 50-74-101, MCA
Implementing statute(s): 50-74-302, 50-74-306, 50-74-311, 50-74-320, MCA
History: NEW, 2005 MAR p. 583, Eff. 4/15/05; AMD, 2021 MAR p. 468, Eff. 5/1/21.

Mont. Admin. R. 24.122.515 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-141, 50-74-101, MCA
Implementing statute(s): 37-1-141, 50-74-313, MCA
History: NEW, 2005 MAR p. 583, Eff. 4/15/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2021 MAR p. 468, Eff. 5/1/21.

Chapter 24.126 Board of Chiropractors

Subchapter 24.126.1 Organizational Rule

Mont. Admin. R. 24.126.101 Board Organization

(1) The Board of Chiropractors adopts and incorporates the organizational rules of the department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA, Eff. 12/31/72
History: TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.126.2 Procedural Rules

Mont. Admin. R. 24.126.201 Procedural Rules

(1) The Board of Chiropractors adopts and incorporates the procedural rules of the department of labor and industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA, Eff. 12/31/72
History: TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.126.202 Public Participation

(1) The Board of Chiropractors adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1980 MAR p. 3129, Eff. 12/27/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.126.3 Definitions

Mont. Admin. R. 24.126.301 Definitions

(1) "Chiropractic physiotherapy" means thermal, sound, light, mechanical, manual, hydrotherapy, rehabilitative, or other modes of care which may be administered, dispensed, ordered, or prescribed for the purpose of assisting a patient to achieve a timely and favorable clinical outcome.

(2) "College of chiropractic approved by the board" as used in 37-12-302, MCA, or "chiropractic college" as used in these rules, means a chiropractic college accredited by the Council on Chiropractic Education (CCE) or other accrediting body in good standing with the United States Department of Education and the Council for Higher Education Accreditation. For foreign-trained applicants, the term means a chiropractic college accredited by a body in good standing with the Council on Chiropractic Education International (CCEI) or chiropractic education the board finds to be equivalent.

(3) "Diagnostic x-ray" as used in 37-12-104, MCA, means any recognized form of diagnostic imaging including, but not limited to, x-ray, CAT scan, and MRI.

(4) "Dietetic methods" as used in 37-12-104, MCA, means the dispensing or prescribing of dietary supplements, nutritional therapies, or natural substances that are not drugs requiring a prescription.

(5) "Examination prescribed by the board" as used in 37-12-304, MCA, means:

(a) Parts I, II, III, and IV, and physiotherapy of the National Board of Chiropractic Examiners (NBCE) licensure examination; and

(b) a Montana jurisprudence examination.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-12-201, MCA
Implementing statute(s): 37-1-131, 37-12-104, 37-12-201, MCA
History: NEW, 1990 MAR p. 995, Eff. 6/1/90; AMD, 1992 MAR p. 2131, Eff. 9/25/92; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2004 MAR p. 729, Eff. 4/9/04; AMD, 2006 MAR p. 1609, Eff. 6/23/06; AMD, 2009 MAR p. 2152, Eff. 11/13/09; AMD, 2012 MAR p. 503, Eff. 3/9/12; AMD, 2021 MAR p. 556, Eff. 5/15/21; AMD, 2024 MAR p. 1462, Eff. 6/22/24.

Subchapter 24.126.4 General Provisions

Mont. Admin. R. 24.126.401 Fee Schedule

(1) Application fee $300

(2) Renewal fee

(a) Active license 200

(b) Inactive license 100

(3) Temporary permit 100

(4) Application for impairment evaluators 250

(5) All fees are nonrefundable.

(6) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-1-134, 37-12-201, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-12-201, 37-12-302, 37-12-304, MCA
History: NEW, 1990 MAR p. 1251, Eff. 6/15/90; AMD, 1990 MAR p. 1453, Eff. 7/27/90; AMD, 1994 MAR p. 2713, Eff. 10/14/94; AMD, 1996 MAR p. 2844, Eff. 10/25/96; AMD, 2000 MAR p. 1307, Eff. 5/26/00; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2004 MAR p. 729, Eff. 4/9/04; AMD, 2006 MAR p. 1609, Eff. 6/23/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2018 MAR p. 645, Eff. 3/31/18; AMD, 2024 MAR p. 1462, Eff. 6/22/24.

Mont. Admin. R. 24.126.402 Fee Abatement

(1) The Board of Chiropractors adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2006 MAR p. 1609, Eff. 6/23/06; AMD, 2018 MAR p. 645, Eff. 3/31/18.

Mont. Admin. R. 24.126.403 Purpose of the Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-12-201, MCA
Implementing statute(s): 37-12-104, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2003 MAR p. 2761; REP, 2004 MAR p. 729, Eff. 4/9/04.

Mont. Admin. R. 24.126.404 Administrative Suspensions

(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 regarding repeated or egregious deficiencies in (1)(a), or deficiencies with co-occurring misconduct allegations that directly implicate public safety and may warrant formal disciplinary action.

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department's licensee lookup and license verification databank.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2024 MAR p. 1462, Eff. 6/22/24.

Mont. Admin. R. 24.126.405 Board Meetings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-12-201, MCA
Implementing statute(s): 37-12-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2003 MAR p. 2761; REP, 2016 MAR p. 733, Eff. 4/23/16.

Mont. Admin. R. 24.126.406 Record of Minutes and Hearings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-6-101, MCA
Implementing statute(s): 2-6-101, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2008 MAR p. 1978, Eff. 9/12/08; REP, 2016 MAR p. 733, Eff. 4/23/16.

Mont. Admin. R. 24.126.411 Patient Records Retention

(1) Except as provided in ARM 24.126.2304, chiropractors must retain adult patient records and x-rays for a minimum of seven years and a minor patient's records and x-rays for a minimum of seven years from their last treatment or at least one year past their 18th birthday.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-131, MCA
History: NEW, 2000 MAR p. 1307, Eff. 5/26/00; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2016 MAR p. 733, Eff. 4/23/16.

Mont. Admin. R. 24.126.412 Prepaid Treatment Plans

(1) Any chiropractor who accepts prepayment for services planned, but not yet delivered must enter a written contract with the client that describes:

(a) The services includes;

(b) the amount of payment for those services;

(d) a clear process for cancellation of the contract and refund of the prepayment, less reasonable administrative fees.

(2) Chiropractors must:

(a) deposit the prepayment amounts in a federally insured financial institution within 10 business days of receipt of the prepayment;

(b) hold the money in trust in a separate account from all other accounts; and

(3) Chiropractors must document compliance with this rule.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-12-201, MCA
Implementing statute(s): 37-1-131, 37-1-319, 37-12-201, MCA
History: NEW, 2011 MAR p. 380, Eff. 3/25/11; AMD, 2024 MAR p. 1462, Eff. 6/22/24.

Mont. Admin. R. 24.126.415 Participation in Disaster and Emergency Care -- Liability of Chiropractor

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-12-201, MCA
Implementing statute(s): 37-1-131, 37-12-104, 37-12-201, MCA
History: NEW, 2006 MAR p. 1609, Eff. 6/23/06; REP, 2021 MAR p. 1554, Eff. 11/6/21.

Subchapter 24.126.5 Licensing and Scope of Practice

Mont. Admin. R. 24.126.501 Applications

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-12-201, MCA
Implementing statute(s): 37-1-131, 37-12-302, 37-12-304, MCA
History: Eff. 12/31/72; AMD, 1979 MAR p. 442, Eff. 5/11/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 6, Eff. 1/15/82; AMD, 1982 MAR p. 1540, Eff. 8/13/82; AMD, 1984 MAR p. 499, Eff. 3/30/84; AMD, 1986 MAR p. 201, Eff. 2/14/86; AMD, 1986 MAR p. 1182, Eff. 7/18/86; AMD, 1990 MAR p. 995, Eff. 6/1/90; AMD, 1990 MAR p. 1144, Eff. 6/15/90; AMD, 1992 MAR p. 2131, Eff. 9/25/92; AMD, 1994 MAR p. 1578, Eff. 6/10/94; AMD, 1994 MAR p. 2713, Eff. 10/14/94; AMD, 1996 MAR p. 2844, Eff. 10/25/96; AMD, 1998 MAR p. 1494, Eff. 6/12/98; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2006 MAR p. 1609, Eff. 6/23/06; AMD, 2008 MAR p. 1978, Eff. 9/12/08; AMD, 2009 MAR p. 2152, Eff. 11/13/09; AMD, 2018 MAR p. 645, Eff. 3/31/18; REP, 2021 MAR p. 1554, Eff.11/6/21.

Mont. Admin. R. 24.126.502 Military Training or Experience (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 854, Eff. 4/25/14; AMD, 2018 MAR p. 645, Eff. 3/31/18; REP, 2024 MAR p. 1462, Eff. 6/22/24.

Mont. Admin. R. 24.126.504 Application for Chiropractor License

(1) Each applicant for licensure must submit:

(a) a completed application form;

(b) the applicable fee; and

(i) meets the education and examination requirements for licensure set by board statute or rule (application by examination); or

(ii) meets the criteria for licensure by substantial equivalency under 37-1-304, MCA (application by endorsement) 37-12-302(3), MCA, and ARM 24.126.508; and

(iii) meets the character and fitness requirements to practice.

(2) The department will verify character and fitness through:

(a) the applicant's personal history questions submitted with the application;

(b) the license history in any jurisdiction where the applicant has held a chiropractic license;

(d) other sources of unprofessional conduct allegations.

(3) Applicants under (1)(c)(i) must take the jurisprudence examination with a minimum score of 75 percent.

(4) Applicants under (1)(c)(ii) are exempt from:

(a) taking the jurisprudence examination; and

(b) meeting the bachelor's degree requirement under 37-12-302(3), MCA.

(5) The board authorizes the department to deem applications from applicants who hold an active license in another state as routine and substantially equivalent to Montana if the state requires:

(a) graduation from a college of chiropractic approved by the board; and

(b) passage of parts I through IV of the NBCE. An applicant from a state that does not require passage of the physiotherapy portion of the NBCE must submit evidence of having passed that portion of the exam; and

(6) All license applications expire within 1 year of initial submission to the department.

History

Authorizing statute(s): 37-1-131, 37-12-201, MCA
Implementing statute(s): 37-1-105, 37-1-131, 37-1-304, 37-12-302, 37-12-304, MCA
History: Eff. 12/31/72; AMD, 1979 MAR p. 442, Eff. 5/11/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1540, Eff. 8/13/82; AMD, 1983 MAR p. 1247, Eff. 9/16/83; AMD, 1988 MAR p. 44, Eff. 1/15/88; AMD, 1990 MAR p. 995, Eff. 6/1/90; AMD, 1992 MAR p. 2131, Eff. 9/25/92; AMD, 1996 MAR p. 2844, Eff. 10/25/96; AMD, 1998 MAR p. 1494, Eff. 6/12/98; AMD, 2000 MAR p. 1307, Eff. 5/26/00; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2008 MAR p. 1978, Eff. 9/12/08; AMD, 2018 MAR p. 645, Eff. 3/31/18; AMD, 2024 MAR p. 1462, Eff. 6/22/24; AMD, 2026 MAR, Notice No. 2025-264, Eff. 2/7/26.

Mont. Admin. R. 24.126.505 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.126.506 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.126.507 Temporary Permit (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-305, 37-1-319, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1540, Eff. 8/13/82; AMD, 1990 MAR p. 995, Eff. 6/1/90; AMD, 1996 MAR p. 2844, Eff. 10/25/96; AMD, 1998 MAR p. 1494, Eff. 6/12/98; AMD, 2000 MAR p. 1307, Eff. 5/26/00; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2006 MAR p. 1609, Eff. 6/23/06; AMD, 2008 MAR p. 1978, Eff. 9/12/08; AMD, 2018 MAR p. 645, Eff. 3/31/18; REP, 2024 MAR p. 1462, Eff. 6/22/24.

Mont. Admin. R. 24.126.508 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Chiropractors publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2025-264, Eff. 2/7/26.

Mont. Admin. R. 24.126.510 License by Endorsement (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-131, 37-1-304, MCA
History: NEW, 1998 MAR p. 1494, Eff. 6/12/98; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2006 MAR p. 1609, Eff. 6/23/06; AMD, 2008 MAR p. 1978, Eff. 9/12/08; AMD, 2011 MAR p. 380, Eff. 3/25/11; AMD, 2018 MAR p. 645, Eff. 3/31/18; REP, 2024 MAR p. 1462, Eff. 6/22/24.

Mont. Admin. R. 24.126.511 Display of License

(1) Licensees shall display their licenses in a publicly accessible location at any premises where the licensee practices, or present proof of current licensure upon request of the public.

History

Authorizing statute(s): 37-1-131, 37-12-201, MCA
Implementing statute(s): 37-1-131, 37-12-201, MCA
History: NEW, 2004 MAR p. 729, Eff. 4/9/04; AMD, 2006 MAR p. 1609, Eff. 6/23/06; AMD, 2009 MAR p. 2152, Eff. 11/13/09; AMD, 2018 MAR p. 645, Eff. 3/31/18; AMD, 2024 MAR p. 1462, Eff. 6/22/24.

Mont. Admin. R. 24.126.515 Dry Needling

(1) Dry needling is a skilled technique performed using a mechanical device, filiform needle(s), to penetrate the skin and/or underlying tissues as a treatment method to manipulate tissues of the body for the correction of nerve interference.

(2) Dry needling requires a chiropractic examination and diagnosis.

(3) To perform dry needling, chiropractors must have completed training in dry needling.

(a) Dry needling training shall include, but not be limited to, training in the following areas:

(i) indications;

(ii) contraindications;

(iii) potential risks;

(iv) proper hygiene;

(v) proper use and disposal of needles.

(b) To perform dry needling, chiropractors must have completed training in dry needling affiliated with or approved by:

(i) national, regional, or state chiropractic associations;

(ii) state licensing boards;

(iii) academies;

(iv) colleges of chiropractic; or

(v) the Federation of Chiropractic Licensure Board (FCLB) Providers of Approved Continuing Education (PACE).

(4) A chiropractor shall perform dry needling in a manner consistent with generally accepted standards of practice, including relevant standards of the Center for Disease Control and Prevention, and Occupational Safety and Health Administration blood borne pathogen standards as per 29 CFR 1910.1030 et. seq.

(5) Dry needling shall only be performed by a chiropractor and may not be delegated.

(6) Chiropractors performing dry needling must maintain proof of training required by this rule.

History

Authorizing statute(s): 37-1-131, 37-12-201, MCA
Implementing statute(s): 37-1-131, 37-12-101, 37-12-104, MCA
History: NEW, 2020 MAR p. 1737, Eff. 9/26/20; AMD, 2024 MAR p. 1462, Eff. 6/22/24.

Mont. Admin. R. 24.126.516 Delegation of Tasks

(1) A chiropractor may delegate chiropractic physiotherapy to an auxiliary assistant employed by the chiropractor whom the chiropractor deems to be competent and safe in the context of an individual patient's circumstances.

(2) The chiropractor must:

(a) remain on the premises and supervise the auxiliary assistant; and

(b) assume full legal and ethical responsibility for tasks performed by the auxiliary assistant.

History

Authorizing statute(s): 37-1-131, 37-12-201, MCA
Implementing statute(s): 37-1-131, 37-12-104, 37-12-201, MCA
History: NEW, 2024 MAR p. 1462, Eff. 6/22/24.

Subchapter 24.126.7 Licensing and Board Specific Rules

Mont. Admin. R. 24.126.701 Inactive Status and Conversion to Active Status

(1) Licensees may request inactive status during renewal or at any other time in writing.

(2) Inactive licensees must pay the inactive renewal fee annually to avoid lapse, expiration, or termination of the license.

(3) To convert to active status, inactive licensees must submit the conversion to active status application form, pay the difference between the inactive renewal and the active renewal fee, pay any accrued inactive renewal or late fees, and provide evidence that the applicant has:

(a) practiced at least 1500 hours each year under a chiropractic license in good standing in another state that requires continuing education substantially equivalent to that required in Montana; or

(b) completed 12 hours of approved continuing education in the year before applying for active status.

(4) Unless a licensee has been active in another jurisdiction, the board may require a licensee seeking to reactivate a license who has been inactive for five or more years preceding the reactivation request, to re-establish competency through examination, education, or supervised practice.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-319, MCA
History: NEW, 1987 MAR p. 1343, Eff. 8/14/87; AMD, 1996 MAR p. 2844, Eff. 10/25/96; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2006 MAR p. 1609, Eff. 6/23/06; AMD, 2008 MAR p. 1978, Eff. 9/12/08; AMD, 2011 MAR p. 380, Eff. 3/25/11; AMD, 2013 MAR p. 1982, Eff. 11/1/13; AMD, 2018 MAR p. 645, Eff. 3/31/18; AMD, 2024 MAR p. 1462, Eff. 6/22/24.

Mont. Admin. R. 24.126.704 Intern and Preceptor Registration

(1) An intern may perform "chiropractic" and the "functions of a licensed chiropractor" as provided in Title 37, chapter 12, MCA and by this rule.

(2) "Intern" as used in 37-12-201, MCA, means a chiropractic student who has been approved by a chiropractic college to engage in a program to obtain clinical experience.

(3) "Preceptor" as used in 37-12-201, MCA, means a chiropractor licensed for at least three years in good standing and who has been accepted by a chiropractic college to act as a preceptor to an intern.

(4) Before acting as a preceptor to an intern, a chiropractor must provide to the department:

(a) the name and contact information of the intern; and

(b) the name and address of the chiropractic college sponsoring the preceptorship program and approving the chiropractor to act as the preceptor.

(5) The preceptor must:

(a) have and maintain a license in good standing during the preceptorship;

(b) be responsible for the acts and omissions of the intern;

(d) identify the intern to patients in a manner that clearly identifies him or her as a student;

(e) require each patient to provide informed consent to treatment by the intern and provide the patient the option for the chiropractor to be present;

(f) provide direct supervision of the intern on the premises and while the intern is engaged in any patient care, be readily available to the patient and the intern;

(g) not allow the intern to sign insurance claims, workers' compensation claims, or other documents that require the signature of a chiropractor; and

(h) comply with the preceptorship program requirements.

History

Authorizing statute(s): 37-12-201, MCA
Implementing statute(s): 37-12-201, MCA
History: NEW, 1994 MAR p. 2713, Eff. 10/14/94; AMD, 2000 MAR p. 1307, Eff. 5/26/00; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2006 MAR p. 1609, Eff. 6/23/06; AMD, 2008 MAR p. 1978, Eff. 9/12/08; AMD, 2012 MAR p. 503, Eff. 3/9/12; AMD, 2018 MAR p. 645, Eff. 3/31/18; AMD, 2024 MAR p. 1462, Eff. 6/22/24.

Subchapter 24.126.9 Impairment Evaluators

Mont. Admin. R. 24.126.901 Applications for Certification of Impairment Evaluators

(1) Any licensed chiropractor desiring to be certified as an impairment evaluator to rate impairments of workers' compensation claimants or insurers shall file an application with the board.

(2) Applicants shall have been in active clinical practice in Montana for a minimum of 12 consecutive months, immediately preceding application.

(3) Applicants may qualify for certification by:

(a) successfully completing a board-approved program for education and training of certified chiropractic impairment evaluators, and passing the associated exam with a minimum of 75 percent; or

(b) successfully completing an educational and training program relating to chiropractic orthopedics, impairment ratings, or similar course work from a Council on Chiropractic Education (CCE) status chiropractic college or any other college or university approved by the board, and passing the associated exam with a minimum of 75 percent; or

(c) by being in practice for more than five years and successfully demonstrating to the board that the applicant has completed a certified program equal to that recommended by the board.

(4) Diplomates of the American Board of Chiropractic Orthopedists (DABCO) in practice more than five years are exempt from the educational and training requirements.

(5) Applications shall be accompanied by official transcripts, diplomas, or similar certificates evidencing successful completion of one of the types of education and training programs approved by the board. Successful completion is deemed written certification by the course provider.

History

Authorizing statute(s): 37-12-201, MCA
Implementing statute(s): 37-12-201, MCA
History: NEW, 1990 MAR p. 1453, Eff. 7/27/90; AMD, 1996 MAR p. 2844, Eff. 10/25/96; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2008 MAR p. 1978, Eff. 9/12/08; AMD, 2009 MAR p. 2152, Eff. 11/13/09; AMD, 2012 MAR p. 503, Eff. 3/9/12.

Mont. Admin. R. 24.126.904 Minimum Requirements for Board-Approved Programs to Qualify for Certification as an Impairment Evaluator

(1) In order to qualify for board approval, programs shall include a minimum of 36 hours of classroom course work consisting of 24 hours of education in impairment rating from a college certified by the Council on Chiropractic Education, and 12 hours in a course on impairment rating utilizing the current edition of the Guides to Evaluation of Permanent Impairment published by the American Medical Association.

History

Authorizing statute(s): 37-1-131, 37-12-201, MCA
Implementing statute(s): 37-1-131, 37-12-201, 37-71-711, MCA
History: NEW, 1990 MAR p. 1453, Eff. 7/27/90; AMD, 1996 MAR p. 3212, Eff. 10/25/96; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2008 MAR p. 1978, Eff. 9/12/08; AMD, 2011 MAR p. 380, Eff. 3/25/11.

Mont. Admin. R. 24.126.907 Approval of Training Programs for Impairment Evaluators

(1) Applications for approval of training programs for impairment evaluators shall be made by letter with supporting documents and must demonstrate to the satisfaction of the board that such programs fulfill the requirements of the board.

(2) The supporting documents must include a syllabus or program outline specifying the classroom hours for each segment of the program, a vitae of each instructor and the method to be employed in monitoring attendance.

(3) In evaluating proposed training programs, the board may investigate and make personal inspections, or delegate to one or more of its members or any other duly qualified persons the authority to make such investigations and inspections for the board. Such investigations and inspections will be at the expense of the program sponsors.

(4) When the training program is approved, the board will issue a letter of approval for the training program for a period of two years.

(5) Approval of a program may be withdrawn when the board finds that the program fails to maintain the educational standards set forth in the original application.

History

Authorizing statute(s): 37-12-201, MCA
Implementing statute(s): 37-12-201, MCA
History: NEW, 1990 MAR p. 1453, Eff. 7/27/90; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2008 MAR p. 1978, Eff. 9/12/08.

Mont. Admin. R. 24.126.910 Impairment Evaluator Continuing Education

(1) Licensees holding impairment evaluator certificates shall, upon release of an updated American Medical Association Guides to the Evaluation of Permanent Impairment edition, obtain two hours of specialized CE relevant to the updated edition.

(a) These hours shall be in addition to the CE required for the underlying chiropractic license.

(2) Acceptable CE must directly relate to impairment evaluation and be affiliated with or approved by:

(a) national, regional, or state chiropractic associations;

(b) state licensing boards;

(d) colleges of chiropractic; or

(e) the Federation of Chiropractic Licensure Board (FCLB) Providers of Approved Continuing Education (PACE).

(3) Licensees shall affirm an understanding of the recurring duty to comply with CE requirements as part of license renewal.

(4) The department may randomly audit up to 50 percent of renewed impairment evaluator certificate holders every four years.

(5) An impairment evaluator may request exemption from CE requirements due to hardship. Requests will be considered by the board.

(6) Licensees found to be in noncompliance with CE requirements may be subject to administrative suspension.

(7) Impairment evaluators must comply with ARM 24.29.1415.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-12-201, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-12-201, MCA
History: NEW, 1990 MAR p. 1453, Eff. 7/27/90; AMD, 2000 MAR p. 1499, Eff. 5/26/00; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2006 MAR p. 1609, Eff. 6/23/06; AMD, 2008 MAR p. 1978, Eff. 9/12/08; AMD, 2009 MAR p. 2152, Eff. 11/13/09; AMD, 2018 MAR p. 645, Eff. 3/31/18; AMD, 2021 MAR p. 1554, Eff. 11/6/21.

Subchapter 24.126.21 Renewals and Continuing Education

Mont. Admin. R. 24.126.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-12-201, MCA
Implementing statute(s): 37-1-131, 37-1-141, MCA
History: Eff. 12/31/72; AMD, 1979 MAR p. 442, Eff. 5/11/79; AMD, 1979 MAR p. 1302, Eff. 10/16/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 6, Eff. 1/15/82; AMD, 1983 MAR p. 1247, Eff. 9/16/83; AMD, 1984 MAR p. 499, Eff. 3/30/84; AMD, 1986 MAR p. 1182, Eff. 7/18/86; AMD, 1987 MAR p. 1343, Eff. 8/14/87; AMD, 1990 MAR p. 995, Eff. 6/1/90; AMD, 1990 MAR p. 1144, Eff. 6/15/90; AMD, 1994 MAR p. 1578, Eff. 6/10/94; AMD, 1996 MAR p. 3212, Eff. 10/25/96; AMD, 1998 MAR p. 1494, Eff. 6/12/98; AMD, 2000 MAR p. 1307, Eff. 5/26/00; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2006 MAR p. 1609, Eff. 6/23/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2008 MAR p. 1978, Eff. 9/12/08; AMD, 2012 MAR p. 503, Eff. 3/9/12; REP, 2016 MAR p. 733, Eff. 4/23/16.

Mont. Admin. R. 24.126.2103 Continuing Education Requirements

(1) Each active licensee must complete 12 continuing education (CE) hours annually on or before the renewal date, September 1, subject to random audit. The CE requirement does not apply until the licensee's first full year of licensure. Each licensee is responsible to select continuing education in compliance with this rule.

(2) Only two of the 12 hours in (1) may be in the philosophy of chiropractic or practice management.

(3) CE hours do not accumulate or carry over to following years.

(4) The board and department do not preapprove CE programs unless they are provided by one of the following entities:

(a) national, regional, or state chiropractic associations;

(b) state licensing boards;

(d) approved chiropractic colleges; or

(e) the Federation of Chiropractic Licensing Boards (FCLB) Providers of Approved Continuing Education (PACE).

(5) To be eligible to receive credit for continuing education, including from preapproved programs in (4), a CE program must:

(a) directly relate to the scope of practice and professional conduct of chiropractic defined in Title 37, chapter 12, MCA;

(b) be designed to maintain or increase competent or ethical practice, stay current in the profession, and enhance professional skills; and

(6) CE programs that primarily promote, sell, or offer goods, products, or services to the profession or that primarily focus on personal growth or general well-being do not qualify for credit.

(7) A "CE program" means:

(a) an in-person class, lecture, conference, workshop, or seminar;

(b) virtual conferences or webinars with an opportunity for interactive discussion;

(d) teaching, self-study, or publication of content that meets the eligibility criteria in (5).

(8) The licensee must maintain and make available for audit, certification of completion of the CE program, including course description, outline, agenda, or syllabi for two years from the date of CE program. Certification must include the following information:

(a) licensee name;

(b) course title and description of content;

(d) CE program date or dates; and

(e) number of CE hours earned.

(9) Licensees must affirm their understanding of the CE requirement on their renewal forms.

(10) The department, with respect to CE audits, shall decide the percentage to audit based on a statistically relevant sample of the total number of licensees and the compliance rate of past audits.

(11) The department may grant a request to waive a licensee's CE requirement based on extraordinary circumstances such as medical issues or disability, family or personal emergency, or natural disaster or catastrophic event.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, 37-1-319, 37-1-321, MCA
History: NEW, 2008 MAR p. 1978, Eff. 9/12/08; AMD, 2012 MAR p. 503, Eff. 3/9/12; AMD, 2013 MAR p. 1982, Eff. 11/1/13; AMD, 2016 MAR p. 733, Eff. 4/23/16; AMD, 2018 MAR p. 645, Eff. 3/31/18; AMD, 2020 MAR p. 1737, Eff. 9/26/20; AMD, 2024 MAR p. 1462, Eff. 6/22/24.

Mont. Admin. R. 24.126.2105 Acceptable Continuing Education (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, 37-1-319, MCA
History: NEW, 2008 MAR p. 1978, Eff. 9/12/08; AMD, 2012 MAR p. 503, Eff. 3/9/12; AMD, 2016 MAR p. 733, Eff. 4/23/16; AMD, 2018 MAR p. 645, Eff. 3/31/18; AMD, 2020 MAR p. 1737, Eff. 9/26/20; REP, 2024 MAR p. 1462, Eff. 6/22/24.

Subchapter 24.126.23 Unprofessional Conduct

Mont. Admin. R. 24.126.2301 Unprofessional Conduct

(1) It is unprofessional conduct for a licensee or applicant to violate any statute, rule, or standard of care governing the practice of chiropractic.

(2) In addition to the provisions of 37-1-316, MCA, the following is unprofessional conduct:

(a) committing any act of sexual abuse, sexual misconduct, or sexual exploitation regardless of whether the act is related to the licensee's practice;

(b) soliciting, engaging, or attempting to engage in any form of sexual relationship or sexual contact with a patient or a former patient, unless the chiropractor-patient relationship is terminated in writing and more than 90 days have passed since the termination;

(d) failing to make reports and records available to the board upon request, failure to cooperate with a board investigation or knowingly giving false information to the board;

(e) performing an examination, chiropractic manipulation, or adjustment intra-vaginally;

(f) performing a sacrum/coccyx adjustment intrarectally unless the following conditions are met:

(i) a written consent form is signed by the patient for each adjustment. The consent form must clearly offer external adjustment options;

(ii) the adjustment is performed with the use of a disposable finger cot or rubber glove; and

(iii) a chaperone is present when the patient is examined and treated intrarectally.

(g) falsifying, altering, or making incorrect essential entries or failing to make essential entries of patient records;

(h) failing to obtain an appropriate consultation or make an appropriate referral when the problem of the patient is beyond the licensee's training, experience, or competence;

(i) failing to render adequate supervision, management, training, or control of auxiliary staff, interns, or licensees practicing under the licensee's supervision or control according to generally accepted standards of practice;

(j) failing to keep adequate patient records that are legible and contain at a minimum:

(i) date of service;

(ii) pertinent history;

(iii) relevant symptomology;

(iv) physical findings;

(v) results of diagnostic tests;

(vi) clinical assessment;

(vii) treatment procedures; and

(viii) patient progress.

(3) It is unprofessional conduct for a licensee to engage in the following billing misconduct:

(a) giving or receiving money for referring patients to a company or another professional, also known as "fee splitting";

(b) charging or collecting from a private insurance company or government-funded insurance program the costs of treatment and waiving a patient's deductible or co-payment in the absence of a documented financial hardship;

(c) charging different fees to insurance companies and patients. A discounted fee to a patient must result in billing the same to the third-party payor; and

(d) charging a patient a clearly excessive fee or charging for services not rendered or not fully rendered.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-12-201, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-316, 37-1-319, 37-12-301, 37-12-322, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1988 MAR p. 475, Eff. 3/11/88; AMD, 1990 MAR p. 995, Eff. 6/1/90; AMD, 1994 MAR p. 1578, Eff. 6/10/94; AMD, 1998 MAR p. 1494, Eff. 6/12/98; AMD, 2000 MAR p. 1307, Eff. 5/26/00; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2004 MAR p. 729, Eff. 4/9/04; AMD, 2008 MAR p. 1978, Eff. 9/12/08; AMD, 2009 MAR p. 2152, Eff. 11/13/09; AMD, 2016 MAR p. 733, Eff. 4/23/16; AMD, 2024 MAR p. 1462, Eff. 6/22/24.

Mont. Admin. R. 24.126.2304 Sexual Relations with a Patient and Sexual Misconduct (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, MCA
History: NEW, 2016 MAR p. 733, Eff. 4/23/16; REP, 2024 MAR p. 1462, Eff. 6/22/24.

Chapter 24.129 Board of Clinical Laboratory Science Practitioners

Subchapter 24.129.1 Organizational Rule

Mont. Admin. R. 24.129.101 Board Organization (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1993 MAR p. 2766, Eff. 11/25/93; TRANS, from Commerce, 2002 MAR p. 1485; AMD, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.129.2 Procedural Rules

Mont. Admin. R. 24.129.201 Procedural Rules (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1993 MAR p. 2766, Eff. 11/25/93; TRANS, from Commerce, 2002 MAR p. 1485; AMD, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.129.202 Public Participation (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1993 MAR p. 2766, Eff. 11/25/93; TRANS, from Commerce, 2002 MAR p. 1485; AMD, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.129.4 General Provisions

Mont. Admin. R. 24.129.401 Fees (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-34-201, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-34-305, MCA
History: NEW, 1993 MAR p. 2766, Eff. 11/25/93; AMD, 1998 MAR p. 2860, Eff. 10/23/98; AMD, 1999 MAR p. 1293, Eff. 6/18/99; AMD, 2000 MAR p. 727, Eff. 3/17/00; TRANS, from Commerce, 2002 MAR p. 1485; AMD, 2002 MAR p. 1486, Eff. 5/17/02; AMD, 2003 MAR p. 360, Eff. 3/14/03; AMD, 2003 MAR p. 1195, Eff. 6/13/03; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2008 MAR p. 1482, Eff. 4/11/08; AMD, 2017 MAR p. 299, Eff. 3/11/17; AMD, 2019 MAR p. 178, Eff. 2/9/19; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.129.405 Inspections (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-34-201, MCA
Implementing statute(s): 37-34-102, 37-34-301, 37-34-307, MCA
History: NEW, 2008 MAR p. 629, Eff. 4/11/08; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.129.21 Continuing Education

Mont. Admin. R. 24.129.2101 Continuing Education Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-306, 37-1-319, 37-1-321, MCA
History: NEW, 1994 MAR p. 1671, Eff. 6/24/94; AMD, 1996 MAR p. 1296, Eff. 5/10/96; AMD, 2000 MAR p. 1034, Eff. 3/17/00; AMD, 2001 MAR p. 2416, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1485; AMD, 2002 MAR p. 1486, Eff. 5/17/02; AMD, 2012 MAR p. 2611, Eff. 12/21/12; AMD, 2019 MAR p. 178, Eff. 2/9/19; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.129.23 Unprofessional Conduct

Mont. Admin. R. 24.129.2301 Unprofessional Conduct (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-307, 37-1-316, 37-1-319, MCA
History: NEW, 1993 MAR p. 2766, Eff. 11/25/93; AMD, 1996 MAR p. 1296, Eff. 5/10/96; TRANS, from Commerce, 2002 MAR p. 1485; AMD, 2008 MAR p. 629, Eff. 4/11/08; AMD, 2017 MAR p. 299, Eff. 3/11/17; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.129.2302 Notification of Denial or Disciplinary Action

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-34-201, MCA
Implementing statute(s): 37-1-131, 37-1-307, 37-1-309, 37-34-201, MCA
History: NEW, 2002 MAR p. 1486, Eff. 5/17/02; REP, 2008 MAR p. 629, Eff. 4/11/08.

Chapter 24.131 Construction Blasters

Subchapter 24.131.3 Definitions

Mont. Admin. R. 24.131.301 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-72-201, 37-72-202, MCA
Implementing statute(s): 37-72-101, et seq., MCA
History: NEW, 1985 MAR p. 1402, Eff. 10/1/85; TRANS, from Dept. of Labor and Industry, 1995 MAR p. 1134, Eff. 7/1/95; TRANS, from Commerce, 2005 MAR p. 581; REP, 2015 MAR p. 64, Eff. 1/30/15.

Subchapter 24.131.4 General Provisions

Mont. Admin. R. 24.131.401 Purpose

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-72-201, 37-72-202, MCA
Implementing statute(s): 37-72-101, et seq., MCA
History: NEW, 1985 MAR p. 1402, Eff. 10/1/85; TRANS, from Dept. of Labor and Industry, 1995 MAR p. 1134, Eff. 7/1/95; TRANS, from Commerce, 2005 MAR p. 581; REP, 2015 MAR p. 64, Eff. 1/30/15.

Mont. Admin. R. 24.131.402 Fees

(1) The following fees must be paid to the bureau and are nonrefundable:

(a) application fee $75

(b) annual renewal fee 40

(2) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-1-134, 37-72-202, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-72-202, MCA
History: NEW, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2021 MAR p. 469, Eff. 5/1/21.

Mont. Admin. R. 24.131.405 Training Programs

(1) Training programs in construction blasting must be recognized by the explosives and construction industry and approved by the bureau. The training program must offer comprehensive instruction in safe use of explosives, methods and purposes of their use, and safety procedures for storage. These training programs shall be at least 24 hours to obtain a license, or be approved by the bureau based on content and quality of the course.

(2) The Construction Blasters Program maintains a list of approved training courses which can be obtained by contacting the Construction Blasters Program at 301 South Park, P.O. Box 200513, Helena, MT 59620-0513, or e-mail dlibsdhelp@mt.gov .

(3) Training courses in use of explosives that are not on the bureau's approved list will be determined to be acceptable or nonacceptable based on the bureau's judgment of content and quality of the course.

History

Authorizing statute(s): 37-72-202, MCA
Implementing statute(s): 37-72-202, 37-72-302, MCA
History: NEW, 1985 MAR p. 1402, Eff. 10/1/85; TRANS, from Dept. of Labor and Industry, 1995 MAR p. 1134, Eff. 7/1/95; AMD, 1998 MAR p. 1155, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 581; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2021 MAR p. 469, Eff. 5/1/21.

Mont. Admin. R. 24.131.406 Use of Explosives -- Incorporation of Standards of National Organizations and Federal Agencies

(1) The bureau hereby adopts and incorporates herein by reference, as they read on the effective date of this rule, the following national standards and regulations regarding the use of explosives:

(a) 29 CFR 1926.860, Selective Demolition by Explosives, Construction Safety and Health Regulations, U.S. Department of Labor, Occupational Safety and Health Administration.

(b) 29 CFR 1926.900 through 1926.914 inclusive, Blasting and the Use of Explosives, Construction Safety and Health Regulations, U.S. Department of Labor, Occupational Safety and Health Administration.

(c) 29 CFR 1910.109, Explosives and Blasting Agents, General Industry Safety and Health Regulations, U.S. Department of Labor, Occupational Safety and Health Administration.

(2) Copies of the national standards and regulations referred to in (a) , (b) and (c) above, may be inspected at the Business Standards Division, 301 S. Park Avenue, P.O. Box 200513, Helena, MT 59620-0513, and obtained at cost from the U.S. Department of Labor, Occupational Safety and Health Administration, Washington, D.C. 20402.

History

Authorizing statute(s): 37-72-201, 37-72-202, MCA
Implementing statute(s): 37-72-201, MCA
History: NEW, 1985 MAR p. 1402, Eff. 10/1/85; TRANS, from Dept. of Labor and Industry, 1995 MAR p. 1134, Eff. 7/1/95; TRANS, from Commerce, 2005 MAR p. 581.

Mont. Admin. R. 24.131.410 Variances

(1) A variance request must be on a department-provided affidavit completed by a licensed construction blaster.

(2) A variance will be granted or denied in writing to the requestor for variance after a determination is made by the bureau based on (1). If the variance is approved, restrictions and time of variance must be stated if applicable; and if denied, reasons for denial must be stated. The letter must be signed by the bureau chief or the bureau chief's designated representative.

History

Authorizing statute(s): 37-72-201, 37-72-202, MCA
Implementing statute(s): 37-72-201, MCA
History: NEW, 1985 MAR p. 1402, Eff. 10/1/85; TRANS, from Dept. of Labor and Industry, 1995 MAR p. 1134, Eff. 7/1/95; TRANS, from Commerce, 2005 MAR p. 581; AMD, 2021 MAR p. 469, Eff. 5/1/21.

Subchapter 24.131.5 Licensing

Mont. Admin. R. 24.131.501 Construction Blaster License Requirements

(1) No person shall engage in the practice of construction blasting unless licensed or working under the supervision of a person licensed by the bureau as a construction blaster, unless specifically exempt under 37-72-201, MCA.

(2) The bureau shall issue a construction blaster's license to each applicant who:

(a) submits a completed application form supplied by the bureau with applicable fees;

(b) meets the requirements of 37-72-301, MCA;

(d) has two years' field experience in construction blasting.

(3) Construction blasters' licenses are not transferable and must be renewed on or before the date set by ARM 24.101.413. The provisions of ARM 24.101.408 apply.

(4) A license, certificate, or permit issued by another state or an agency of the United States will be recognized and an appropriate construction blaster's license issued if the bureau determines that the requirements are equivalent to those in 37-72-302, MCA.

History

Authorizing statute(s): 37-1-141, 37-72-202, MCA
Implementing statute(s): 37-1-141, 37-72-301, 37-72-302, 37-72-304, 37-72-305, MCA
History: NEW, 1985 MAR p. 1402, Eff. 10/1/85; TRANS, from Dept. of Labor and Industry, 1995 MAR p. 1134, Eff. 7/1/95; AMD, 1995 MAR p. 2247, Eff. 10/27/95; AMD, 1998 MAR p. 453, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 581; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2021 MAR p. 469, Eff. 5/1/21.

Mont. Admin. R. 24.131.503 Substantial Equivalency

(1) The department adopts and incorporates by reference the 2026 substantial equivalency list for the Construction Blaster Program publication. The publication is available on the department’s website.

(2) The department intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-72-202, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2026-143, Eff. 8/22/26.

Mont. Admin. R. 24.131.506 Suspension, Revocation, or Refusal to Renew Construction Blaster's License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-72-202, MCA
Implementing statute(s): 37-72-203, MCA
History: NEW, 1985 MAR p. 1402, Eff. 10/1/85; TRANS, from Dept. of Labor and Industry, 1995 MAR p. 1134, Eff. 7/1/95; TRANS, from Commerce, 2005 MAR p. 581; REP, 2015 MAR p. 64, Eff. 1/30/15.

Chapter 24.132 Board of Cosmetologists (repealed)

Subchapter 24.132.1 Organizational Rule

Mont. Admin. R. 24.132.101 Board Organization

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-31-203, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Subchapter 24.132.2 Procedural Rules

Mont. Admin. R. 24.132.201 Procedural Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-31-203, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Mont. Admin. R. 24.132.202 Citizen Participation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-31-203, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1978 MAR p. 198, Eff. 2/25/78; AMD, 1981 MAR p. 92, Eff. 1/30/81; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Subchapter 24.132.3 Definitions

Mont. Admin. R. 24.132.301 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, MCA
Implementing statute(s): 37-31-203, MCA
History: NEW, 2001 MAR p. 935, Eff. 6/8/01; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Authorizing statute(s): 37-1-134, 37-31-203, 37-31-323, 37-32-201, MCA
Implementing statute(s): 37-31-302, 37-31-303, 37-31-304, 37-31-305, 37-31-309, 37-31-311, 37-31-312, 37-31-321, 37-31-322, 37-32-301, 37-32-302, 37-32-304, 37-32-305, 37-32-306, MCA
History: NEW, 1977 MAR p. 963, Eff. 11/25/77; AMD, 1979 MAR p. 6, Eff. 1/12/79; AMD, 1980 MAR p. 2507, Eff. 8/29/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 2135, Eff. 12/17/82; AMD, 1984 MAR p. 1180, Eff. 8/31/84; AMD, 1986 MAR p. 659, Eff. 4/25/86; AMD, 1988 MAR p. 704, Eff. 4/15/88; AMD, 1989 MAR p. 1663, Eff. 10/27/89; AMD, 1990 MAR p. 1145, Eff. 6/15/90; AMD, 1994 MAR p. 1679, Eff. 6/24/94; AMD, 1995 MAR p. 461, Eff. 3/31/95; AMD, 1997 MAR p. 2181, Eff. 12/2/97; AMD, 1998 MAR p. 2163, Eff. 8/14/98; AMD, 1999 MAR p. 2043, Eff. 9/24/99; AMD, 2001 MAR p. 536, Eff. 4/6/01; AMD, 2002 MAR p. 1318, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Authorizing statute(s): 37-1-131, 37-31-203, MCA
Implementing statute(s): 37-1-304, 37-1-319, 37-31-304, 37-31-305, 37-31-308, 37-31-321, MCA
History: NEW, 2002 MAR p. 1318, Eff. 4/26/02; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Authorizing statute(s): 37-1-131, 37-32-201, 37-32-306, MCA
Implementing statute(s): 37-32-304, 37-32-306, 37-32-331, MCA
History: NEW, 1977 MAR p. 963, Eff. 11/25/77; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1988 MAR p. 704, Eff. 4/15/88; AMD, 1994 MAR p. 1822, Eff. 6/24/94; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Authorizing statute(s): 37-32-201, MCA
Implementing statute(s): 37-32-304, MCA
History: NEW, 1983 MAR p. 1815, Eff. 12/16/83; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Authorizing statute(s): 37-31-203, MCA
Implementing statute(s): 37-31-304, MCA
History: NEW, 1997 MAR p. 2181, Eff. 12/2/97; AMD, 2001 MAR p. 536, Eff. 4/6/01; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Authorizing statute(s): 37-31-203, MCA
Implementing statute(s): 37-31-305, 37-31-311, MCA
History: NEW, 1977 MAR p. 963, Eff. 11/25/77; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 2181, Eff. 12/2/97; AMD, 2001 MAR p. 536, Eff. 4/6/01; AMD, 2002 MAR p. 1318, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Authorizing statute(s): 37-1-131, 37-31-203, MCA
Implementing statute(s): 37-31-203, 37-31-302, MCA
History: NEW, 1990 MAR p. 1145, Eff. 6/15/90; AMD, 1997 MAR p. 2181, Eff. 12/2/97; AMD, 2001 MAR p. 536, Eff. 4/6/01; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Authorizing statute(s): 37-31-203, MCA
Implementing statute(s): 37-31-204, 37-31-331, 37-31-332, MCA
History: Eff. 12/31/72; AMD, 1977 MAR p. 963, Eff. 11/25/77; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Subchapter 24.132.21 Renewals and Continuing Education

Mont. Admin. R. 24.132.2101 Continuing Education - Instructors/Inactive Instructors

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-31-203, MCA
Implementing statute(s): 37-1-306, 37-31-322, MCA
History: NEW, 1977 MAR p. 963, Eff. 11/25/77; AMD, 1979 MAR p. 6, Eff. 1/12/79; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 2135, Eff. 12/17/82; AMD, 1988 MAR p. 704, Eff. 4/15/88; AMD, 1990 MAR p. 1145, Eff. 6/15/90; AMD, 1994 MAR p. 1679, Eff. 6/24/94; AMD, 1997 MAR p. 2181, Eff. 12/2/97; AMD, 1998 MAR p. 2261, Eff. 8/28/98; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Subchapter 24.132.23 Unprofessional Conduct

Mont. Admin. R. 24.132.2301 Unprofessional Conduct

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-1-137, MCA
Implementing statute(s): 37-1-136, 37-1-137, MCA
History: NEW, 1994 MAR p. 1679, Eff. 6/24/94; AMD, 1997 MAR p. 2181, Eff. 12/2/97; AMD, 2001 MAR p. 536, Eff. 4/6/01; AMD, 2002 MAR p. 1318, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Mont. Admin. R. 24.132.2302 Aiding and Abetting Unlicensed Practice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-31-203, MCA
Implementing statute(s): 37-1-316, MCA
History: NEW, 2001 MAR p. 536, Eff. 4/6/01; TRANS, from Commerce, 2002 MAR p. 2443; REP, 2004 MAR p. 2813, Eff. 11/19/04.

Chapter 24.135 Crane and Hoisting Operating Engineers

Subchapter 24.135.3 Definitions

Mont. Admin. R. 24.135.301 Definitions

For purposes of this subchapter, the following definitions apply:

(1) "Bureau" means the professional licensing bureau of the Department of Labor and Industry.

(2) "Hoist" means a power driven apparatus capable of lifting and lowering loads involving no horizontal movement.

(3) "Crane" means a machine for lifting and lowering a load and moving it horizontally, with the hoisting mechanism an integral part of the machine. It may be fixed or mobile.

(4) "Gantry crane" or "trolley crane" mean a crane similar to an overhead crane except that the bridge for carrying the trolley or trolleys is rigidly supported on two or more legs running on fixed rails or other runway.

(5) "Line truck" means a truck with a standard manufacturer's truck chassis equipped with a hydraulically operated telescoping boom and may be equipped with a rotary digging device.

(6) "Bucket truck" is a truck with a personnel lifting device designed to lift personnel to work stations above ground.

(7) "Tower crane" is a crane with a vertical mast extending from a base support with a jib and/or boom attached to the mast at the opposite end (or near the opposite end) of the base support. The vertical mast is seldom, if ever, less than 50 feet in length when the crane is in operation.

History

Authorizing statute(s): 50-76-112, MCA
Implementing statute(s): 50-76-101, 50-76-102, 50-76-103, MCA
History: NEW, 1983 MAR p. 1300, Eff. 11/26/83; TRANS, from Dept. of Labor and Industry, 1995 MAR p. 1133, Eff. 7/1/95; AMD, 1998 MAR p. 453, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 581; AMD, 2021 MAR p. 470, Eff. 5/1/21.

Subchapter 24.135.4 General Provisions

Mont. Admin. R. 24.135.401 Purpose

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-71-301, MCA
Implementing statute(s): 50-71-301, 50-76-102, 50-76-103, MCA
History: NEW, 1983 MAR p. 1300, Eff. 11/26/83; TRANS, from Dept. of Labor and Industry, 1995 MAR p. 1133, Eff. 7/1/95; TRANS, from Commerce, 2005 MAR p. 581; REP, 2015 MAR p. 64, Eff. 1/30/15.

Mont. Admin. R. 24.135.402 Fee Schedule

(1) Initial application, including examination:

(a) First Class $100

(b) Second Class 100

(d) NCCO reciprocity 80

(2) Annual renewal of license (First and Second Class) 150

(3) Annual renewal of license (Third Class) 50

(4) Additional standardized fees are specified in ARM 24.101.403.

(5) An applicant who fails the examination shall pay 50 percent of the licensure fee in order to retake the examination.

(6) All fees are nonrefundable.

History

Authorizing statute(s): 50-76-104, 50-76-112, MCA
Implementing statute(s): 50-76-104, MCA
History: NEW, 2006 MAR p. 219, Eff. 1/27/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2021 MAR p. 470, Eff. 5/1/21.

Mont. Admin. R. 24.135.404 Citations and Fines

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-76-112, MCA
Implementing statute(s): 50-76-102, 50-76-103, 50-76-114, MCA
History: NEW, 2006 MAR p. 219, Eff. 1/27/06; REP, 2015 MAR p. 64, Eff. 1/30/15.

Mont. Admin. R. 24.135.409 Applications

(1) Applications for crane licensure may be made by anyone professing the qualifications set forth in 50-76-103 , MCA. The application for examination is made to the department, and must be accompanied with the proper fee.

(2) No application for examination will be considered unless it is accompanied by the proper duly documented supporting evidence.

(3) If an application is withdrawn, no refund of the application fee will be made.

(4) An application will be on file one year from the date of receipt. If no action is taken by the applicant within one year, the application fee will be forfeited and reapplication will be required.

History

Authorizing statute(s): 50-76-112, MCA
Implementing statute(s): 50-76-103, 50-76-104, MCA
History: NEW, 2006 MAR p. 219, Eff. 1/27/06.

Mont. Admin. R. 24.135.410 Procedure to Prohibit Use of Equipment in Violation of Title 50, Chapter 76 Concerning Hoisting Engines and Crane Operators

(1) The bureau, upon finding the use of equipment without a licensed operator, as defined in ARM 24.135.301, 24.135.401, 24.135.501, 24.135.516, or 24.135.530, shall attach to such equipment notice of violation under 50-71-325 , MCA, and shall prohibit the further use of the machine until a licensed operator is available to operate the machine. The bureau may also proceed under 50-76-109 , MCA, if there is not compliance under 50-71-325 , MCA.

(2) Any person aggrieved by an order prohibiting the use of a machine under these rules or any other order affecting the licensing of an operator may request an administrative review before the bureau in Helena. The review may be by telephone and shall be governed by ARM 1.3.212 through 1.3.225 and 1.3.233. Following the review, the bureau shall affirm, modify or revoke the order.

(3) All rehearing and appeal rights shall be as stated in 50-71-331 , 50-71-332 , 50-71-333 and 50-71-334 , MCA.

(4) In addition to all other remedies, the bureau may bring an action in an appropriate court to enjoin any violation of Title 50, chapter 76, Hoisting Engines, as provided in 50-71-326 , MCA.

History

Authorizing statute(s): 50-71-301, MCA
Implementing statute(s): 50-71-325, 50-76-109, MCA
History: NEW, 1983 MAR p. 1300, Eff. 11/26/83; TRANS, from Dept. of Labor and Industry, 1995 MAR p. 1133, Eff. 7/1/95; TRANS, from Commerce, 2005 MAR p. 581.

Mont. Admin. R. 24.135.411 Incorporation by Reference of American National Standards Institute B30.5

(1) The Department of Labor and Industry adopts and incorporates by reference the following sections of the American National Standards Institute (ANSI) B30.5, 2018 Edition which sets forth standards for mobile and locomotive cranes:

(a) Section 5-2.1 Inspection - General;

(b) Section 5-2.3 Maintenance;

(d) Section 5-3.2 Operating Practices;

(e) Section 5-3.3 Signals; and

(f) Section 5-3.4.5 Crane Operation in the Vicinity of Electric Power Lines.

(2) The purpose of this incorporation is to provide minimum requirements and standards for the operation of crane and hoist equipment as specified in 50-76-102 , and 50-76-103 , MCA, for the protection of the public health, safety, and welfare. The American National Standards Institute is a nationally recognized model code setting forth minimum standards and requirements for crane and hoist operation.

(3) A copy of the ANSI B30.5 may be viewed at the Department of Labor and Industry, Crane and Hoisting Operator Engineer Licensing Program, 301 South Park Avenue, Helena, MT 59620-0513.

(4) A copy of the ANSI B30.5 can be purchased directly from ANSI at www.ansi.org .

History

Authorizing statute(s): 50-76-110, 50-76-112, MCA
Implementing statute(s): 50-76-110, MCA
History: NEW, 2006 MAR p. 2042, Eff. 8/25/06; AMD, 2021 MAR p. 470, Eff. 5/1/21.

Mont. Admin. R. 24.135.412 Failed Examinations

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-76-112, MCA
Implementing statute(s): 50-76-103, 50-76-108, MCA
History: NEW, 2006 MAR p. 219, Eff. 1/27/06; REP, 2015 MAR p. 64, Eff. 1/30/15.

Subchapter 24.135.5 Licensing

Mont. Admin. R. 24.135.501 Hoisting Operators License Requirements

(1) No person shall operate any hoisting equipment except as listed under (8), without first obtaining a hoisting operator's license from the department, unless meeting requirements of (6).

(2) The following hoisting licenses are issued under 50-76-102, MCA, that are applicable to other than mine hoisting equipment:

(a) first-class hoisting license;

(b) second-class hoisting license.

(3) A person applying for a hoisting operator's license under 50-76-102, MCA, shall meet the following requirements:

(a) have passed their 18th birthday;

(b) have passed a physical examination within 180 days prior to a new application and present this report to the department, or present proof of passing an applicable physical examination; and

(4) An applicant for a first-class hoisting operator's license shall have no less than one year of experience in the operation of hoisting equipment covered by this rule, at a minimum of 1000 hours per year. Applicants with less than one year of experience do not qualify for a first-class hoisting operator's license. Applicants with work experience acquired in states that have no licensing requirements will qualify if their certificate of experience indicates they have the required work experience on the applicable equipment.

(a) The holder of a first-class hoisting operator's license can operate types of hoists which include but are not limited to the following:

(i) elevators in buildings under construction with engines delivering unlimited brake horsepower;

(ii) multiple drum hoists with engines delivering unlimited brake horsepower;

(iii) single drum hoists with engines delivering unlimited brake horsepower; and

(iv) all hoists allowed by second-class hoisting operators' licenses.

(5) An applicant for a second-class hoisting operator's license shall have no less than one year of experience in the operation of hoisting equipment covered by this rule, at a minimum of 1000 hours per year. Applicants with less than one year of experience do not qualify for a second-class hoisting operator's license. Applicants with work experience acquired in states that have no licensing requirements will qualify if their certificate of experience indicates they have the required work experience on the applicable equipment.

(a) The holder of a second-class hoisting operator's license can operate the following types of hoists:

(i) elevators in buildings under construction with engines delivering up to 100 brake horsepower; and

(ii) single drum and multiple drum hoists with engines delivering up to 100 brake horsepower.

(6) Persons operating hoisting equipment listed in this rule who have less than one year of experience must work under the direct supervision of a licensed hoisting operator or participate in a certified apprenticeship training program.

(7) Application for any license must be accompanied by the following:

(a) A certificate of experience provided by the department and signed by a person having actual knowledge of the applicant's past work experience.

(b) A report of a physical examination filled out and signed by the physician, physician assistant, advanced practice registered nurse, or chiropractor. Only the medical professional who conducted the physical examination may sign the report. The department will accept the applicant using either a copy of department’s form, located at the department’s Crane/Hoisting Operator Program website, or a Department of Transportation (DOT) or Commercial Driver’s License (CDL) physical and accompanying Medical Examiner’s Certificate (ME Certificate or exam card). The physical examination may not be dated more than 180 days from the date the application is received by the department.

(d) The license fee provided by ARM 24.135.402.

(8) Hoisting operators' licenses need not be obtained to operate the following types of equipment:

(a) stiff legs;

(b) front-end and rear-end loaders;

(d) hoists and elevators in completed private and public buildings;

(e) hydraulic man lifts.

History

Authorizing statute(s): 50-76-112, MCA
Implementing statute(s): 50-76-102, 50-76-103, 50-76-104, MCA
History: NEW, 1983 MAR p. 1300, Eff. 11/26/83; TRANS, from Dept. of Labor and Industry, 1995 MAR p. 1133, Eff. 7/1/95; AMD, 1995 MAR p. 2247, Eff. 10/27/95; AMD, 1998 MAR p. 453, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 581; AMD, 2006 MAR p. 219, Eff. 1/27/06; AMD, 2021 MAR p. 470, Eff. 5/1/21; AMD, 2026 MAR, Notice No. 2026-135, Eff. 9/5/26.

Mont. Admin. R. 24.135.516 Crane Hoisting Operators License Requirements

(1) No person shall operate any crane hoisting equipment except as listed in (9) without first obtaining a crane hoisting operator's license from the department, unless meeting requirements of (7).

(2) The following crane hoisting operator's licenses are issued under 50-76-103, MCA:

(a) first-class crane hoisting;

(b) first-class crane hydraulic hoisting;

(d) second-class crane hoisting;

(e) second-class hydraulic and boom truck;

(f) third-class crane oiler;

(g) first-class tower crane;

(h) second-class tower crane; and

(i) air tugger.

(3) A person applying for a crane hoisting operator's license under 50-76-103, MCA, shall meet the following requirements:

(a) have passed their 18th birthday;

(b) have passed a physical examination within 180 days prior to a new application and present this report to the department, or present proof of passing an applicable physical examination; and

(4) An applicant for a first-class crane hoisting license, first-class crane hydraulic license, first-class tower crane license or a first-class gantry and trolley license shall have no less than one year of experience in the operation of crane hoist equipment covered by this rule, at a minimum of 1000 hours per year. Applicants with less than one year of experience do not qualify for a first-class crane hoisting license. Applicants with work experience acquired in states that have no licensing requirements will qualify if their certificate of experience indicates they have the required work experience on the applicable equipment.

(a) The holder of a first-class crane hoisting license can operate all classes of cranes and hoists except mine hoists.

(b) The holder of a first-class crane hydraulic hoisting license can operate all classes of hydraulic cranes, hydraulic boom trucks and hydraulic hoist equipment only.

(d) The holder of a first-class tower crane license can operate all types of tower cranes only.

(e) The holder of an air tugger winch license can operate all types of air tugger winches, other than air tugger winches on equipment used to drill oil, natural gas, or water wells.

(5) An applicant for a second-class crane hoisting license, second-class tower crane license or second-class hydraulic and boom truck license shall have no less than one year of experience in the operation of crane hoisting equipment covered by this rule, at a minimum of 1000 hours per year. Applicants with less than one year of experience do not qualify for second-class crane hoisting licenses. Applicants with work experience acquired in states that have no licensing requirements will qualify if their certificate of experience indicates they have the required work experience on the applicable equipment.

(a) The holder of a second-class crane hoist license can operate cranes with a manufacturer's load chart rating up to 17.5 tons, except mine hoists, or a tower crane of any capacity.

(b) The holder of a second-class hydraulic license can operate hydraulic cranes or boom trucks with a manufacturer's load chart rating up to 17.5 tons.

(6) A third-class crane oiler's license requires no experience or physical examination. A third-class crane license authorizes the holder to move truck cranes only.

(7) Persons operating crane hoisting equipment listed in this rule who have less than one year of experience must work under the direct supervision of a qualified crane hoisting operator or participate in a certified apprenticeship training program.

(8) Application for a license must be accompanied by the following:

(a) A certificate of experience signed by a person having actual knowledge of the applicant's past work experience.

(b) A report of a physical examination filled out and signed by the physician, physician assistant,advanced practice registered nurse, or chiropractor. Only the medical professional who conducted the physical examination may sign the report. The department will accept the applicant using either a copy of the department’s form, located at the department’s Crane/Hoisting Operator Program website, or a Department of Transportation (DOT) or Commercial Driver’s License (CDL) physical and accompanying Medical Examiner’s Certificate (ME Certificate or exam card). The physical examination may not be dated more than 180 days from the date the application is received by the department.

(d) The license fee provided by ARM 24.135.402.

(9) Crane hoisting operator's licenses need not be obtained to operate the following types of equipment:

(a) crane hoisting equipment that has a manufacturer's rating of six tons or less;

(b) overhead trolley cranes of any size not used in construction;

(d) line trucks and bucket trucks.

History

Authorizing statute(s): 50-76-112, MCA
Implementing statute(s): 50-76-103, 50-76-104, MCA
History: NEW, 1983 MAR p. 1300, Eff. 11/26/83; TRANS, from Dept. of Labor and Industry, 1995 MAR p. 1133, Eff. 7/1/95; AMD, 1995 MAR p. 2247, Eff. 10/27/95; AMD, 1998 MAR p. 453, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 581; AMD, 2006 MAR p. 219, Eff. 1/27/06; AMD, 2021 MAR p. 470, Eff. 5/1/21; AMD, 2026 MAR, Notice No. 2026-135, Eff. 9/5/26.

Mont. Admin. R. 24.135.530 Mine Hoisting Operators License Requirements

(1) No person shall operate mine hoisting equipment when used in raising or lowering persons or materials in underground mines without first obtaining a mine hoisting operator's license from the department, unless meeting requirements of (8).

(2) The following hoisting licenses are issued under 50-76-102, MCA, that are applicable to mine hoisting equipment:

(a) first-class mine hoisting operator's license;

(b) second-class mine hoisting operator's license.

(3) A person applying for a mine hoisting operator's license shall meet the following requirements:

(a) have passed their 18th birthday;

(b) have passed a physical examination within 180 days prior to a new application and present this report to the department, or present proof of passing an applicable physical examination; and

(4) An applicant for a first-class mine hoisting operator's license shall have no less than one year of experience in the operation of mine hoisting equipment, at a minimum of 1000 hours per year. An applicant with less than one year of experience in the operation of mine hoisting equipment does not qualify for a mine hoisting operator's license. Applicants with work experience acquired in states that have no licensing requirements will qualify if their certificate of experience indicates they have the required work experience on the applicable equipment.

(5) The holder of a first-class mine hoisting operator's license can operate all classes of mine hoists.

(6) An applicant for a second-class mine hoisting operator's license shall have no less than one year of experience in the operation of mine hoisting equipment covered by this rule, at a minimum of 1000 hours per year. Applicants with less than one year of experience do not qualify for a second-class mine hoisting operator's license. Applicants with experience acquired in states that have no licensing requirements will qualify if their certificate of experience indicates they have the required work experience on the applicable equipment.

(7) The holder of a second-class mine hoisting operator's license can operate mine hoists with engines delivering up to 100 brake horsepower.

(8) Persons operating mine hoisting equipment listed in this rule who have less than one year of experience must work under the direct supervision of a licensed mine hoisting operator or participate in a certified apprenticeship training program.

(9) Mines using automatic hoists must have a licensed mine hoisting operator readily available.

(10) Application for a license must be accompanied by the following:

(a) A certificate of experience signed by a person having actual knowledge of the applicant's past work experience.

(b) A report of a physical examination filled out and signed by the physician, physician assistant, advanced practice registered nurse, or chiropractor. Only the medical professional who conducted the physical examination may sign the report. The department will accept the applicant using either a copy of the department’s form, located at the department’s Crane/Hoisting Operator Program website, or a Department of Transportation (DOT) or Commercial Driver’s License (CDL) physical and accompanying Medical Examiner’s Certificate (ME Certificate or exam card). The physical may not be dated more than 180 days from the date the application is received by the department.

(d) The license fee provided by ARM 24.135.402.

History

Authorizing statute(s): 50-73-103, 50-76-112, MCA
Implementing statute(s): 50-73-302, 50-76-102, 50-76-104, MCA
History: NEW, 1983 MAR p. 1300, Eff. 11/26/83; TRANS, from Dept. of Labor and Industry, 1995 MAR p. 1133, Eff. 7/1/95; AMD, 1995 MAR p. 2247, Eff. 10/27/95; AMD, 1998 MAR p. 453, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 581; AMD, 2006 MAR p. 219, Eff. 1/27/06; AMD, 2021 MAR p. 470, Eff. 5/1/21; AMD, 2026 MAR, Notice No. 2026-135, Eff. 9/5/26.

Mont. Admin. R. 24.135.545 National Commission Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-76-112, MCA
Implementing statute(s): 50-76-113, MCA
History: NEW, 2006 MAR p. 219, Eff. 1/27/06; REP, 2015 MAR p. 64, Eff. 1/30/15.

Mont. Admin. R. 24.135.546 Substantial Equivalency

(1) The department adopts and incorporates by reference the 2026 substantial equivalency list for the Crane and Hoist Operating Engineers Program publication. The publication is available on the department’s website.

(2) The department intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 50-76-112, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2026-135, Eff. 9/5/26.

Subchapter 24.135.21 Renewals

Mont. Admin. R. 24.135.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-76-112, MCA
Implementing statute(s): 37-1-141, 50-76-103, MCA
History: NEW, 2006 MAR p. 219, Eff. 1/27/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2015 MAR p. 64, Eff. 1/30/15.

Chapter 24.138 Board of Dentistry

Subchapter 24.138.1 Organizational Rule

Mont. Admin. R. 24.138.101 Board Organization

(1) The Board of Dentistry adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1989 MAR p. 2179, Eff. 12/22/89; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.138.2 Procedural Rules

Mont. Admin. R. 24.138.201 Procedural Rules

(1) The Board of Dentistry adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1989 MAR p. 2179, Eff. 12/22/89; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.138.202 Public Participation

(1) The Board of Dentistry adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1978 MAR p. 1332, Eff. 8/25/78; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1989 MAR p. 2179, Eff. 12/22/89; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.138.206 Dental Hygienist Committee (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-4-205, MCA
Implementing statute(s): 37-4-205, MCA
History: NEW, 2014 MAR p. 1837, Eff. 8/8/14; AMD, 2020 MAR p. 588, Eff. 3/28/20; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.208 Denturist Committee (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-29-201, MCA
Implementing statute(s): 37-29-201, MCA
History: NEW, 2014 MAR p. 1837, Eff. 8/8/14; AMD, 2021 MAR p. 473, Eff. 5/1/21; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Subchapter 24.138.3 Definitions

Mont. Admin. R. 24.138.301 Definitions

For the purposes of this chapter, the following definitions apply:

(1) "Administration" is as follows:

(a) "enteral administration" means the agent is absorbed through the gastrointestinal tract or oral mucosa (oral, rectal, or sublingual);

(b) "inhalation administration" means a gaseous or volatile agent is introduced into the lungs and absorbed through the gas/blood interface. Because sedation and general anesthesia are a continuum, it is not always possible to predict how an individual patient will respond. Practitioners intending to produce a given level of sedation should be able to diagnose and manage the physiologic consequences (rescue) for patients whose level of sedation becomes deeper than initially intended;

(c) "parenteral administration" means the agent is absorbed intramuscularly, intravenously, intranasally, submucosally, subcutaneously, or intraosseously;

(d) "transdermal administration" means the agent is absorbed through a patch or by iontophoresis through the skin; and

(e) "transmucosal administration" means the agent is absorbed across the mucosa (intranasal, rectal, or sublingual).

(2) "Certified dental assistant" is a dental auxiliary who has successfully completed all of the following exams and holds current certification from the Dental Assisting National Board:

(a) general chairside assisting (GC);

(b) radiation health and safety (RHS); and

(3) "Coronal polishing" is a dental procedure limited to the utilization of abrasive agents on the coronal surfaces of natural and restored teeth for the purpose of plaque and extrinsic stain removal.

(4) "Direct supervision" means the provisions of allowable functions by dental hygienists, auxiliaries, or interns with the intent and knowledge of the supervising licensee and while the supervising licensee is on the premises.

(5) "General supervision" means the provision of allowable functions by dental hygienists or auxiliaries provided to a current patient of record, with the intent and knowledge of the licensee licensed and residing in the state of Montana. The supervising licensee need not be on the premises.

(6) "Inhalation sedation" means the use of nitrous oxide/oxygen in concentrations of up to 70/30 percent to provide mild relaxation and analgesia. Nitrous oxide/oxygen may produce minimal sedation, moderate sedation, deep sedation, or general anesthesia when used in combination with a sedative agent or agents. Inhalation sedation may be used in the pediatric or adult populations.

(7) "Maximum recommended dose" (MRD) means the maximum Food and Drug Administration (FDA)-recommended dose of a drug, as printed in the FDA-approved labeling for unmonitored dose.

(8) "Minimal sedation" has the same meaning as in 37-4-101, MCA. When the intent is minimal sedation for adults, the appropriate dose of a single enteral drug is no more than the MRD of a drug that can be prescribed for unmonitored home use.

(9) "Prophylaxis" is a preventative and therapeutic dental health treatment process by which gingival irritants, including any existing combination of calculus deposits, plaque, material alba, accretions, and stains are removed supragingivally and/or subgingivally from the natural and restored surfaces of teeth by a method or methods, which may include scaling, root planing, and subgingival curettage, that are most suitable for the patient, by an appropriately licensed dentist or licensed dental hygienist.

(10) "Supplemental dosing" means a single additional dose of the initial dose of the initial drug necessary for prolonged procedures under minimal sedation. The supplemental dose should not exceed one-half of the initial total dose and should not be administered until the dentist has determined that one clinical half-life of the initial dose has passed. The total aggregate dose must not exceed one and a half times the MRD on the day of administration.

(11) "Trained healthcare professional" means a person who serves as an anesthesia monitor in a dental office. Such person shall maintain current certification in the American Heart Association's Basic Life Support for Healthcare Providers or its equivalent, shall be trained in monitoring patient vital signs, and shall be competent in the use of monitoring and emergency equipment appropriate for the level of sedation utilized. (The term "competent" as used in these rules means displaying special skill or knowledge derived from training and experience).

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-4-340, 37-4-511, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-4-101, 37-4-205, 37-4-340, 37-4-408, 37-29-201, MCA
History: NEW, 1991 MAR p. 2415, Eff. 12/13/91; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2004 MAR p. 1955, Eff. 8/20/04; AMD, 2005 MAR p. 1396, Eff. 7/29/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2020 MAR p. 588, Eff. 3/28/20; AMD, 2024 MAR p. 2205, Eff. 9/21/24; AMD, 2025 MAR, Notice No. 2025-273, Eff. 12/20/25.

Mont. Admin. R. 24.138.304 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2017 MAR p. 2281, Eff. 12/9/17; AMD, 2019 MAR p. 429, Eff. 4/27/19; AMD, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.138.305 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with the following modifications:

(b) Nonviolent felony convictions under (5)(b) are routine if the conviction date is more than ten years before the application date, unless the applicant is still in custody due to the conviction.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.138.306 Teeth Whitening (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-1-131, 37-4-101, MCA
History: NEW, 2010 MAR p. 411, Eff. 2/12/10; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Subchapter 24.138.4 General Provisions

Mont. Admin. R. 24.138.401 Introduction

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-4-101, 37-4-401, 37-29-102, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1993 MAR p. 393, Eff. 3/26/93; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2015 MAR p. 1904, Eff. 10/30/15.

Mont. Admin. R. 24.138.402 Fee Schedule

(1) Original application fee for all licensees $100

(2) Credentialing fee for dentists 375

(3) Credentialing fee for dental hygienists 75

(4) Local anesthesia certificate application fee 20

(5) Jurisprudence examination fee for all licensees 85

(6) Active renewal fee for dentists 230

(7) Active renewal fee for dental hygienists 100

(8) Active renewal fee for denturists 150

(9) Inactive renewal fee for dentists 115

(10) Inactive renewal fee for dental hygienists 50

(11) Inactive renewal fee for denturists 75

(12) Limited access permit application fee 50

(13) Limited access permit renewal fee 20

(14) Volunteer license, original or renewal 5

(15) Restricted temporary volunteer license, original or renewal 10

(16) Deep sedation/general anesthesia permit application fee 200

(17) Deep sedation/general anesthesia permit renewal fee 25

(18) Moderate sedation permit application fee 200

(19) Moderate sedation permit renewal fee 25

(20) Initial anesthesia permit inspection fee 200

(21) Anesthesia permit reinspection fee 150

(22) Additional standardized fees are specified in ARM 24.101.403.

(23) The Board of Dentistry adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-134, 37-4-205, 37-4-340, 37-4-341, 37-4-405, 37-29-201, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, 37-1-141, 37-4-301, 37-4-340, 37-4-341, 37-4-402, 37-4-405, 37-4-511, 37-29-303, MCA
History: NEW, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2004 MAR p. 1955, Eff. 8/20/04; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2010 MAR p. 411, Eff. 2/12/10; AMD, 2014 MAR p. 1837, Eff. 8/8/14; AMD, 2014 MAR p. 3062, Eff. 12/25/14; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2021 MAR p. 473, Eff. 5/1/21; AMD, 2022 MAR p. 1662, Eff. 8/6/22; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.403 Mandatory Certification (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-321, 37-29-201, 37-29-401, MCA
History: NEW, 1989 MAR p. 2179, Eff. 12/22/89; AMD, 1999 MAR p. 209, Eff. 1/29/99; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2007 MAR p. 1812, Eff. 11/9/07; AMD, 2014 MAR p. 1837, Eff. 8/8/14; AMD, 2019 MAR p. 2366, Eff. 12/28/19; REP, 2024 MAR p. 9/21/24.

Mont. Admin. R. 24.138.404 Justifiable Criticism and Expert Testimony

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-308, MCA
History: NEW, 1980 MAR p. 2662, Eff. 9/26/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1991 MAR p. 2415, Eff. 12/13/91; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.405 Management of Infectious Waste

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, 75-10-1006, MCA
Implementing statute(s): 75-10-1006, MCA
History: NEW, 1992 MAR p. 200, Eff. 3/6/92; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.406 Functions for Dental Auxiliaries and Auxiliaries Who Hold Dental Assistant Certification

(1) Dental auxiliaries as defined in 37-4-408(1), MCA, may work under direct supervision if the auxiliary:

(a) was instructed and qualified to perform in a dental assisting program accredited by the Commission on Dental Accreditation or its successor; or

(b) was instructed and trained by a licensed dentist.

(2) A dental auxiliary under direct supervision may perform the following dental procedures including, but not limited to:

(a) making radiographic exposures as prescribed by the supervising dentist only if the auxiliary:

(i) has graduated from an accredited program of dental assisting, dental hygiene, or dentistry accredited by the Commission on Dental Accreditation or its successor; or

(ii) has been certified in dental radiology as a result of military experience; or

(iii) has successfully completed a board-approved radiology written examination;

(b) initiating, adjusting, and monitoring nitrous oxide flow for a patient who has been prescribed and administered nitrous oxide by a licensed dentist;

(d) removing sutures and dressings;

(e) applying topical anesthetic agents;

(f) providing oral health instructions;

(g) applying topical fluoride agents;

(h) removing excess cement from coronal surfaces;

(i) placing and removing rubber dams;

(j) placing and removing matrices;

(k) collecting patient data;

(l) polishing amalgam restorations;

(m) placing and removing temporary restoration with hand instruments only;

(n) placing pit and fissure sealants;

(o) digital capture of dental images;

(p) coronal polishing; and

(q) sodium bicarbonate air polishing.

(3) Dental auxiliaries performing any intraoral procedure must be under the direct supervision of a licensed dentist.

(4) A certified dental assistant as defined in 37-4-408(2), MCA, under general supervision may:

(a) place pit and fissure sealants following an in-person comprehensive oral examination or periodic examination within the preceding 30 days;

(b) perform other intraoral procedures not requiring direct supervision; and

(5) A certified dental assistant may work under general supervision but may not perform the following tasks unless under direct supervision:

(a) initiating, adjusting, and monitoring nitrous oxide flow for a patient who has been prescribed and administered nitrous oxide;

(b) applying silver diamine fluoride agents;

(d) placing and removing matrices;

(e) polishing amalgam restorations; and

(f) applying topical anesthetic agents.

(6) In addition to the prohibitions in 37-4-401, MCA, no dentist shall allow any dental auxiliary, including certified dental assistants, to perform the following:

(a) administering or dispensing any drug, without the prior authorization of the supervising dentist;

(b) administering intravenous and intramuscular injections or local anesthetic;

(d) taking final impressions of the involved arch for crowns, bridges, implant prosthesis, partial dentures, or complete dentures;

(e) bonding or cementing any fixed prosthesis, including veneers, except for provisionals;

(f) bonding or cementing orthodontic brackets or orthodontic appliances that would provide activation upon cementation;

(g) placing sulcular medicinal or therapeutic materials;

(h) periodontal probing; or

(i) metal based air polishing.

(7) The assignment of tasks and procedures to dental auxiliaries, including certified dental assistants, shall not relieve the dentist from liability for all treatment rendered the patient.

(8) A dentist licensed to use or direct the use of an x-ray producing device must ensure that the radiation source under the dentist's control is used only by individuals competent to use it. Proof of current certification must be readily available for review by the public or the board upon request.

History

Authorizing statute(s): 37-4-205, 37-4-408, MCA
Implementing statute(s): 37-4-408, MCA
History: NEW, 1995 MAR p. 2795, Eff. 11/23/95; AMD, 1996 MAR p. 3118, Eff. 12/6/96; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2010 MAR p. 411, Eff. 2/12/10; AMD, 2015 MAR p. 1904, Eff. 10/30/15; AMD, 2020 MAR p. 588, Eff. 3/28/20; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.407 Functions for Dental Hygienists

(1) In addition to the functions of 37-4-401, MCA, a dental hygienist is allowed to perform the same functions as a dental auxiliary listed in ARM 24.138.406(2).

(2) In addition to the non-delegable duties under 37-4-401, MCA, a dental hygienist shall not be allowed to perform the following:

(a) administering or dispensing drugs other than those allowed under 37-4-401, MCA, without the prior authorization and direct supervision of the supervising dentist;

(b) placing, carving or condensing any permanent restorations;

(d) bonding or cementing orthodontic brackets, or orthodontic appliances that would provide activation upon cementation;

(e) bonding or cementing any fixed prosthesis, including veneers, except for provisional.

(3) The assignment of tasks and procedures to a dental hygienist shall not relieve the dentist from liability for all treatment rendered the patient.

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-4-401, 37-4-408, MCA
Implementing statute(s): 37-1-131, 37-4-401, 37-4-405, 37-4-408, MCA
History: Eff. 12/31/72; AMD, Eff. 7/5/76; AMD, Eff. 9/23/77; AMD, 1978 MAR p. 1182, Eff. 8/11/78; AMD, 1979 MAR p. 1497, Eff. 11/30/79; AMD, 1980 MAR p. 1188, Eff. 4/11/80; AMD, 1981 MAR p. 686, Eff. 7/17/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 921, Eff. 6/15/84; AMD, 1985 MAR p. 1323, Eff. 9/13/85; AMD, 1987 MAR p. 155, Eff. 2/14/87; AMD, 1989 MAR p. 2179, Eff. 12/22/89; AMD, 1991 MAR p. 2415, Eff. 12/13/91; AMD, 1994 MAR p. 1120, Eff. 4/29/94; AMD, 1995 MAR p. 2795, Eff. 11/23/95; AMD, 1996 MAR p. 3118, Eff. 12/6/96; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2018 MAR p. 1279, Eff. 7/7/18; AMD, 2021 MAR p. 473, Eff. 5/1/21; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.408 Service to the Public and Quality of Care

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, MCA
History: NEW, 1980 MAR p. 2662, Eff. 9/26/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.409 Patient Selection

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, MCA
History: NEW, 1980 MAR p. 2662, Eff. 9/26/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.410 Patient Records

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, MCA
History: NEW, 1980 MAR p. 2662, Eff. 9/26/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.411 Emergency Service

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-1-131, 37-4-101, MCA
History: NEW, 1980 MAR p. 2662, Eff. 9/26/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.412 Consultation and Referral

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-1-131, 37-4-101, MCA
History: NEW, 1980 MAR p. 2662, Eff. 9/26/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1991 MAR p. 2415, Eff. 12/13/91; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.413 Rebate and Split Fees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-1-131, MCA
History: NEW, 1980 MAR p. 2662, Eff. 9/26/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1991 MAR p. 2415, Eff. 12/13/91; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.414 Display of Licenses

(1) All licensees must display, or have readily available by electronic means, their current license for review by the public. If a licensee is working in more than one location, a copy of the license can be duplicated, or readily available by electronic means, for display in another office.

History

Authorizing statute(s): 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-4-205, 37-4-326, 37-29-201, MCA
History: NEW, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.415 Ninety-Day Guarantee Required by Denturists (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-29-201, MCA
Implementing statute(s): 37-29-404, MCA
History: NEW, 1999 MAR p. 209, Eff. 1/29/99; TRANS, from Commerce, 2003 MAR p. 2435; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.416 Prior Referral for Partial Dentures (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-29-201, MCA
Implementing statute(s): 37-29-403, MCA
History: NEW, 1990 MAR p. 222, Eff. 1/26/90; AMD, 1992 MAR p. 2132, Eff. 9/25/92; TRANS, from Commerce, 2003 MAR p. 2435; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.417 Dental Screenings (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-4-101, 37-4-205, 37-4-401, MCA
History: NEW, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.418 Infection Control (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 75-10-1006, MCA
Implementing statute(s): 37-1-131, 75-10-1005, MCA
History: NEW, 2017 MAR p. 2281, Eff. 12/9/17; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.419 Limited Prescriptive Authority – Qualifications – Allowable Percentages of Topical Agents

(1) Education and competency for dental hygiene prescriptive authority will be accomplished by completion of a pharmacology course.

(2) Allowable percentages of prescribed agents are:

(a) topical anti-caries treatments (using sodium fluoride unless otherwise stated):

(i) toothpastes – 1.1 percent (or stannous fluoride 0.4 percent);

(ii) topical gels – 1.1 percent (or stannous fluoride 0.4 percent);

(iii) oral rinses – 0.05 percent, 0.2 percent, 0.44 percent, or 0.5 percent, or oral rinse concentrate at 0.63 percent stannous fluoride;

(iv) fluoride varnish – 5 percent;

(v) prophy paste – 1.25 percent;

(vi) fluoride paste – 5 percent; and

(vii) silver diamine fluoride – 38 percent.

(b) topical oral anesthetic agents:

(i) up to 20 percent benzocaine;

(ii) up to 2 percent viscous lidocaine; and

(iii) cetacaine to include 14 percent benzocaine, 2 percent butamben, and 2 percent tetracaine hydrochloride; and

(i) chlorhexidine gluconate rinses – 0.12 percent.

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-4-401, MCA
Implementing statute(s): 37-1-131, 37-4-401, 37-4-405, MCA
History: NEW, 2018 MAR p. 1279, Eff. 7/7/18; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.420 Scope of Treatment for Volunteer Licensees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-204, 37-4-340, MCA
Implementing statute(s): 37-4-340, MCA
History: NEW, 2004 MAR p. 1955, Eff. 8/20/04; REP, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.425 Limited Access Permit Treatment Guidelines–practicing Under Public Health Supervision

(1) Pursuant to 37-4-405, MCA, the LAP dental hygienist practicing under public health supervision, including providing prescriptive services, shall adhere to the following guidelines:

(a) The LAP dental hygienist shall gather and review the patient's current medical history, including but not limited to:

(i) diagnosed chronic diseases;

(ii) surgical procedures;

(iii) medications;

(iv) drug allergies and/or adverse reactions;

(v) blood pressure and pulse rate; and

(vi) previous difficulty associated with dental procedures.

(b) The LAP dental hygienist may provide dental hygiene preventative services to a patient without prior physician, dentist, nurse practitioner, or physician assistant authorization, unless the patient has:

(i) a medical condition requiring premedication;

(ii) uncontrolled hypertension; or

(iii) uncontrolled diabetes.

(c) If a patient has one or more severe systemic diseases, the LAP dental hygienist shall consult with a physician, dentist, nurse practitioner, or physician assistant responsible for the patient's care regarding the appropriateness of treatment and the conditions under which to provide dental hygiene preventative services.

(2) Pursuant to 37-4-405, MCA, the LAP dental hygienist practicing under public health supervision shall adhere to the following guidelines:

(a) The LAP dental hygienist shall provide the public health facility or school-based oral health program with a disclaimer indicating that the dental hygiene preventative services provided do not preclude the need for a comprehensive examination by a licensed dentist.

(b) The LAP dental hygienist shall recommend patient referral to a licensed Montana dentist once each calendar year, or as the patient's dental health status indicates. The patient's records shall be made available for continued comprehensive dental care.

(c) The LAP dental hygienist shall document the patient dental history and conduct a screening appraisal prior to providing dental hygiene preventative services.

(d) If a LAP dental hygienist exposes radiographs, a licensed Montana dentist shall evaluate the radiographs within 30 days of exposure.

(e) The LAP dental hygienist is responsible for maintaining a dental record including, but not limited to:

(i) adverse medical history;

(ii) dental history and charting;

(iii) results of dental screening;

(iv) summary of discussions and consultations with a physician(s) and/or dentist(s);

(v) dental hygiene preventative services provided;

(vi) any agent prescribed, administered, or dispensed including dose amount and refill, date of the action, and rationale for prescribing; and

(vii) any radiographs exposed.

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-4-401, 37-4-405, MCA
Implementing statute(s): 37-1-131, 37-4-401, 37-4-405, MCA
History: NEW, 2004 MAR p. 1955, Eff. 8/20/04; AMD, 2014 MAR p. 1837, Eff. 8/8/14; AMD, 2018 MAR p. 1279, Eff. 7/7/18; AMD, 2025 MAR, Notice No. 2025-273, Eff. 12/20/25.

Mont. Admin. R. 24.138.430 Fee Abatement (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2007 MAR p. 43, Eff. 1/12/07; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Subchapter 24.138.5 Licensing

Mont. Admin. R. 24.138.501 Approved Dental and Dental Hygiene Schools

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-4-302, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1991 MAR p. 2415, Eff. 12/13/91; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.502 Licensure of Dentists

(1) Applicants for dentist licensure must have:

(a) passed the written examination administered by the Joint Commission on National Dental Examinations or its successor showing the applicant's passage of the written examination;

(b) passed a board approved regional clinical practical examination. Examinations shall be valid for the purpose of initial licensure for a period of five years from the date of passage of the examination; and

(c) graduated from a dental school accredited by the American Dental Association Commission on Dental Accreditation, or its successor;

(2) A board-approved clinical practical exam must include the following components:

(a) patient-based or, beginning March 12, 2020, a simulated patient-based operative exam, to include one direct posterior class II composite and any one of the following:

(i) direct posterior class II composite; or

(ii) direct posterior class II amalgam; or

(iii) direct anterior class III composite;

(b) patient-based or, beginning March 12, 2020, a simulated patient-based periodontal exam;

(i) anterior access;

(ii) posterior access; and

(iii) obturation of one canal; and

(d) non-patient-based prosthodontics exam.

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-1-131, 37-4-301, 37-4-401, 37-4-402, MCA
History: Eff. 12/31/72; AMD, Eff. 9/4/74; AMD, 1977 MAR p. 253, Eff. 10/24/77; AMD, 1980 MAR p. 1188, Eff. 4/11/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1476, Eff. 7/30/82; AMD, 1989 MAR p. 2179, Eff. 12/22/89; AMD, 1989 MAR p. 2187, Eff. 12/22/89; AMD, 1991 MAR p. 2415, Eff. 12/13/91; AMD, 1996 MAR p. 3118, Eff. 12/6/96; AMD, 2002 MAR p. 1488, Eff. 5/17/02; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2005 MAR p. 1396, Eff. 7/29/05; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2007 MAR p. 1812, Eff. 11/9/07; AMD, 2008 MAR p. 1483, Eff. 7/18/08; AMD, 2014 MAR p. 1837, Eff. 8/8/14; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2020 MAR p. 588, Eff. 3/28/20; AMD, 2021 MAR p. 473, Eff. 5/1/21; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.503 Licensure of Dental Hygienists

(1) Applicants for dental hygienist licensure must have:

(a) passed the written dental hygiene examination administered by the Joint Commission on National Dental Examinations, or its successor;

(c) graduated from a dental hygiene school accredited by the American Dental Association Commission on Dental Accreditation, or its successor.

(2) The patient-based or, beginning March 12, 2020, a simulated patient-based clinical practical exam must include the following:

(a) clinical competency and patient competency with the following components:

(i) pocket depth;

(ii) recession;

(iii) calculus detection and removal; and

(iv) intraoral and extraoral assessment.

(3) A local anesthetic permit applicant shall successfully pass the CDCA-WREB-CITA local anesthesia exam or board-approved local anesthetic exam.

(4) The board may review applications from applicants who have taken a clinical practical examination that does not meet the above criteria as nonroutine for licensure.

(5) Local anesthetic certification requires:

(a) education and training regarding the administration of local anesthetic agents as demonstrated by:

(i) successful passage of a board-approved local anesthetic examination, that includes a written and clinical component, within the last five years; or

(ii) proof of completion in coursework and training regarding the administration of local anesthetic agents and written verification that the applicant has practiced administering local anesthetic agents in another jurisdiction within the last five years;

(b) a copy of the applicant's current CPR, ACLS, or PALS card;

(d) copies of any local anesthetic agent authorization(s) held in other states.

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-4-402, MCA
Implementing statute(s): 37-1-131, 37-4-401, 37-4-402, MCA
History: Eff. 12/31/72; AMD, Eff. 10/4/76; AMD, 1980 MAR p. 1188, Eff. 4/11/80; AMD, 1981 MAR p. 686, Eff. 7/17/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1476, Eff. 7/30/82; AMD, 1985 MAR p. 1323, Eff. 9/13/85; AMD, 1989 MAR p. 2179, Eff. 12/22/89; AMD, 1989 MAR p. 2187, Eff. 12/22/89; AMD, 1991 MAR p. 2026, Eff. 11/1/91; AMD, 1991 MAR p. 2415, Eff. 12/13/91; AMD, 1993 MAR p. 393, Eff. 3/26/93; AMD, 1996 MAR p. 3118, Eff. 12/6/96; AMD, 2002 MAR p. 1488, Eff. 5/17/02; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2005 MAR p. 1396, Eff. 7/29/05; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2007 MAR p. 1812, Eff. 11/9/07; AMD, 2008 MAR p. 1483, Eff. 7/18/08; AMD, 2014 MAR p. 1837, Eff. 8/8/14; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2020 MAR p. 588, Eff. 3/28/20; AMD, 2021 MAR p. 473, Eff. 5/1/21; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.504 Approved Clinical Exam Criteria for Dentists and Dental Hygienists (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-4-402, MCA
Implementing statute(s): 37-1-131, 37-4-301, 37-4-402, MCA
History: NEW, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2020 MAR p. 1631, Eff. 8/29/20; AMD, 2021 MAR p. 121, Eff. 1/30/21; AMD, 2021 MAR p. 473, Eff. 5/1/21; AMD, 2022 MAR p. 54, Eff. 1/15/22; AMD, 2022 MAR p. 1662, Eff. 8/6/22; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.505 Dentist Licensure by Credentials (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-4-301, MCA
History: NEW, 1998 MAR p. 922, Eff. 4/17/98; AMD, 2002 MAR p. 1488, Eff. 5/17/02; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2005 MAR p. 1396, Eff. 7/29/05; AMD, 2007 MAR p. 1812, Eff. 11/9/07; AMD, 2008 MAR p. 1483, Eff. 7/18/08; AMD, 2015 MAR p. 1904, Eff. 10/30/15; AMD, 2017 MAR p. 2281, Eff. 12/9/17; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2021 MAR p. 473, Eff. 5/1/21; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.506 Dental Hygienist Licensure by Credentials (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-1-131, 37-1-304, MCA
History: NEW, 1991 MAR p. 2026, Eff. 11/1/91; AMD, 1994 MAR p. 3090, Eff. 12/9/94; AMD, 2000 MAR p. 1312, Eff. 5/26/00; AMD, 2002 MAR p. 1488, Eff. 5/17/02; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2005 MAR p. 1396, Eff. 7/29/05; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2007 MAR p. 1812, Eff. 11/9/07; AMD, 2008 MAR p. 1483, Eff. 7/18/08; AMD, 2014 MAR p. 1837, Eff. 8/8/14; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2021 MAR p. 473, Eff. 5/1/21; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.507 Dentist Licensure by Credentials for Specialists

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-1-131, 37-1-304, MCA
History: NEW, 2004 MAR p. 1955, Eff. 8/20/04; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2007 MAR p. 1812, Eff. 11/9/07; AMD, 2008 MAR p. 1483, Eff. 7/18/08; AMD, 2015 MAR p. 1904, Eff. 10/30/15; AMD, 2019 MAR p. 2366, Eff. 12/28/19; REP, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.508 Dental Hygiene Local Anesthetic Agent Certification (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-4-402, MCA
Implementing statute(s): 37-1-131, 37-4-401, 37-4-402, MCA
History: NEW, 2000 MAR p. 1312, Eff. 5/26/00; AMD, 2002 MAR p. 1488, Eff. 5/17/02; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2004 MAR p. 1955, Eff. 8/20/04; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2007 MAR p. 1812, Eff. 11/9/07; AMD, 2010 MAR p. 406, Eff. 2/12/10; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2021 MAR p. 473, Eff. 5/1/21; AMD, 2022 MAR p. 54, Eff. 1/15/22; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.509 Dental Hygiene Limited Access Permit

(1) The board shall issue a limited access permit (LAP) to a Montana licensed dental hygienist who:

(a) possesses an active, unrestricted Montana dental hygiene license;

(b) certifies that the dental hygienist has actively practiced either:

(i) 2400 clinical hours over the last three years; or

(ii) a career total of 3000 hours, with a minimum of 350 hours in each of the last two years;

(d) acknowledges on the application that the applicant understands which public health facilities and school-based oral health programs are eligible to provide services under a limited access permit pursuant to 37-4-405, MCA;

(e) provides certificates of attendance of completion of 12 additional continuing education credits for the three-year reporting period immediately preceding LAP application pursuant to ARM 24.138.2105; and

(f) submits a completed application and pays all appropriate fees.

(2) Pursuant to 37-4-405, MCA, the board identifies the following additional public health facilities and programs where LAP services may be provided:

(a) hospice facilities;

(b) family violence shelters; and

(3) Pursuant to 37-4-405, MCA, the board identifies the following school-based oral health programs where LAP services may be provided:

(a) schools that receive federal funds under Title I of the Elementary and Secondary Education Act; and

(b) schools in which at least 65% of the student population is eligible for free or reduced price lunch under federal guidelines.

History

Authorizing statute(s): 37-4-205, 37-4-401, 37-4-405, MCA
Implementing statute(s): 37-4-401, 37-4-405, MCA
History: NEW, 2004 MAR p. 1955, Eff. 8/20/04; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2008 MAR p. 1483, Eff. 7/18/08; AMD, 2010 MAR p. 406, Eff. 2/12/10; AMD, 2011 MAR p. 2629, Eff. 12/9/11; AMD, 2015 MAR p 1904, Eff. 10/30/15; AMD, 2017 MAR p. 2281, Eff. 12/9/17; AMD, 2018 MAR p. 1279, Eff. 7/7/18; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2024 MAR p. 1464, Eff. 6/22/24; AMD, 2025 MAR, Notice No. 2025-273, Eff. 12/20/25.

Mont. Admin. R. 24.138.510 Denturist Examination

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-29-201, MCA
History: NEW, 1986 MAR p. 1498, Eff. 9/12/86; AMD, 1986 MAR p. 1897, Eff. 11/15/86; AMD, 1991 MAR p. 2424, Eff. 12/13/91; AMD, 1996 MAR p. 3118, Eff. 12/6/96; AMD, 1997 MAR p. 1265, Eff. 7/22/97; AMD, 1999 MAR p. 209, Eff. 1/29/99; AMD, 2000 MAR p. 1312, Eff. 5/26/00; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2005 MAR p. 1396, Eff. 7/29/05; AMD, 2007 MAR p. 43, Eff. 1/12/07; REP, 2019 MAR p. 2366, Eff. 12/28/19.

Mont. Admin. R. 24.138.511 Licensure of Denturists

(1) Denturist license applicants must have:

(a) passed:

(i) a board-approved written denturist examination; and

(ii) a board-approved clinical/practical denturist examination;

(b) completed formal training of not less than two years at an educational institution accredited by a national or regional accrediting agency recognized by the Montana state Board of Regents; and

(c) completed a clinical internship of at least one year, but no more than two years, under the direct supervision of a licensed denturist.

(2) The clinical internship must consist of 2000 clock hours of training and performance as follows:

(a) 36 hours minimum in:

(i) patient charting;

(ii) operatory sanitation;

(iii) oral examination;

(iv) impressions, preliminary and final (pour models, custom trays);

(v) processing (wax up, flask boil out, packing, grind-polish); and

(vi) delivery-post adjustment;

(b) 12 hours minimum in:

(i) bite registrations;

(ii) articulations;

(iii) set ups; and

(iv) try ins.

(i) tooth repairs; and

(ii) broken or fractured plates or partials; and

(d) 24 units of processed relines (one plate - one unit).

History

Authorizing statute(s): 37-1-131, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-29-201, 37-29-302, 37-29-303, 37-29-306, MCA
History: NEW, 1986 MAR p. 1498, Eff. 9/12/86; AMD, 1991 MAR p. 2424, Eff. 12/13/91; AMD, 1996 MAR p. 3118, Eff. 12/6/96; AMD, 1999 MAR p. 209, Eff. 1/29/99; AMD, 2000 MAR p. 1312, Eff. 5/26/00; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2005 MAR p. 1396, Eff. 7/29/05; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2007 MAR p. 1812, Eff. 11/9/07; AMD, 2008 MAR p. 1483, Eff. 7/18/08; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2021 MAR p. 473, Eff. 5/1/21; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.512 Denturist Internship (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-29-201, 37-29-302, 37-29-303, MCA
History: NEW, 1993 MAR p. 393, Eff. 3/26/93; AMD, 1999 MAR p. 209, Eff. 1/29/99; AMD, 2000 MAR p. 1312, Eff. 5/26/00; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2015 MAR p. 1904, Eff. 10/30/15; AMD, 2019 MAR p. 2366, Eff. 12/28/19; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.513 Dental Hygienists – Temporary Practice Permits (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-4-205, MCA
Implementing statute(s): 37-1-131, 37-1-305, 37-1-319, 37-4-402, MCA
History: NEW, 2020 MAR p. 1631, Eff. 8/29/20; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.514 Inactive License – Conversion to Active

(1) Licenses may be placed on inactive status by paying the appropriate fee and:

(a) indicating inactive status on the renewal form; or

(b) informing the board office in writing or e-mail.

(2) Inactive licensees shall:

(a) renew annually; and

(b) inform the board of all address/contact changes.

(3) Inactive status licensees may not practice in Montana.

(4) To convert from inactive to active, a licensee must submit:

(a) documentation demonstrating completion of all the continuing education hours required in ARM 24.138.2110 for the most current renewal year;

(b) license verification from all jurisdictions where the licensee held a license while inactive, including a detailed explanation of all pending or final discipline imposed; and

(c) satisfactory evidence the applicant was not out of active practice for more than five years. If the applicant has been out of practice for longer than five years, the applicant shall also provide proof of:

(i) completion of a clinical competency course(s) or skills assessment analysis approved by the board; or

(ii) passage of a board approved regional or state examination within the most recent five years; and

(iii) any other information the board may require for evidence of operative competency.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-319, MCA
History: NEW, 1985 MAR p. 1323, Eff. 9/13/85; AMD, 1991 MAR p. 2415, Eff. 12/13/91; AMD, 1995 MAR p. 2469, Eff. 11/23/95; AMD, 1996 MAR p. 3118, Eff. 12/6/96; AMD, 1997 MAR p. 1265, Eff. 7/22/97; AMD, 2000 MAR p. 1312, Eff. 5/26/00; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2004 MAR p. 1955, Eff. 8/20/04; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2007 MAR p. 1812, Eff. 11/9/07; AMD, 2015 MAR p. 1904, Eff. 10/30/15; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.515 Consideration of Reapplication for a License After Previous Denial or Revocation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-4-402, 37-29-201, MCA
Implementing statute(s): 37-1-136, 37-1-137, MCA
History: NEW, 1982 MAR p. 2175, Eff. 12/31/82; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2007 MAR p. 43, Eff. 1/12/07; REP, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.516 Reinstatement of a License for Nonpayment of Renewal Fee

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-4-402, MCA
Implementing statute(s): 37-4-307, 37-4-406, MCA
History: NEW, 2004 MAR p. 1955, Eff. 8/20/04; REP, 2007 MAR p. 43, Eff. 1/12/07.

Mont. Admin. R. 24.138.517 Denturist License Reinstatement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-141, 37-29-201, MCA
Implementing statute(s): 37-1-141, MCA
History: NEW, 1997 MAR p. 1265, Eff. 7/22/97; AMD, 2000 MAR p. 1312, Eff. 5/26/00; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2007 MAR p. 43, Eff. 1/12/07.

Mont. Admin. R. 24.138.518 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-141, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-29-306, MCA
History: NEW, 1986 MAR p. 1498, Eff. 9/12/86; AMD, 1986 MAR p. 1897, Eff. 11/15/86; AMD, 1991 MAR p. 2424, Eff. 12/13/91; AMD, 1993 MAR p. 287, Eff. 2/26/93; AMD, 1996 MAR p. 3118, Eff. 12/6/96; AMD, 1999 MAR p. 209, Eff. 1/29/99; AMD, 2000 MAR p. 1312, Eff. 5/26/00; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 1812, Eff. 11/9/07; REP, 2017 MAR p. 2281, Eff. 12/9/17.

Mont. Admin. R. 24.138.519 Grounds for Denial of a License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-137, 37-29-201, MCA
History: NEW, 1986 MAR p. 1498, Eff. 9/12/86; AMD, 1991 MAR p. 2424, Eff. 12/13/91; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2004 MAR p. 1955, Eff. 8/20/04; AMD, 2007 MAR p. 43, Eff. 1/12/07; REP, 2021 MAR p. 473, Eff. 5/1/21.

Mont. Admin. R. 24.138.520 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Dentistry publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-273, Eff. 12/20/25.

Mont. Admin. R. 24.138.524 Reactivation of a Lapsed License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-141, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-141, MCA
History: NEW, 2007 MAR p. 43, Eff. 1/12/07; REP, 2007 MAR p. 1812, Eff. 11/9/07.

Mont. Admin. R. 24.138.525 Reactivation of an Expired License (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-141, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-141, MCA
History: NEW, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2007 MAR p. 1812, Eff. 11/9/07; AMD, 2015 MAR p. 1904, Eff. 10/30/15; AMD, 2019 MAR p. 2366, Eff. 12/28/19; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.530 Licensure for Volunteer Service

(1) Applicants seeking to practice under a volunteer license shall provide:

(a) verification of current licensure in Montana or another jurisdiction;

(b) verification of active licensure in Montana or another jurisdiction within the previous five years; or

(c) proof of completion of a board-approved clinical competency course(s) or skills assessment analysis, or board-approved regional or state examination within the last five years;

(d) verification that the applicant has maintained for at least ten years prior to retirement, full licensure in good standing in Montana, another state or jurisdiction, Canada, or the United States armed forces;

(e) the name and address of the location(s) where the applicant intends to provide services;

(f) a copy of a current CPR, ACLS, or PALS card; and

(g) any other information the board may require as evidence of operative competency.

(2) Dentists and dental hygienists actively licensed in good standing in another state and seeking to practice in Montana under a restricted temporary volunteer license shall:

(a) provide license verifications(s) from all states where currently licensed;

(b) provide the name and address of the location(s) where the applicant intends to provide services; and

(3) Temporary volunteer licenses under (2) are valid for 14 days from the date of issuance.

(4) Renewal fees and late fees or a portion of such fees may be waived for eligible persons applying for licensure under this rule.

History

Authorizing statute(s): 37-1-131, 37-4-340, 37-4-341, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-4-340, 37-4-341, MCA
History: NEW, 2004 MAR p. 1955, Eff. 8/20/04; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2007 MAR p. 1812, Eff. 11/9/07; AMD, 2008 MAR p. 1483, Eff. 7/18/08; AMD, 2017 MAR p. 2281, Eff. 12/9/17; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.540 Military Training or Experience (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 1837, Eff. 8/8/14; AMD, 2015 MAR p. 1904, Eff. 10/30/15; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.550 Application for Licensure

(1) Each application for licensure from the board must include:

(a) a completed application form;

(b) the initial license fee;

(d) proof of a current cardiopulmonary resuscitation (CPR), advanced cardiac life support (ACLS), or pediatric advanced life support (PALS) card. Internet courses will be accepted if a hands-on evaluation of clinical competency is also included; and

(e) successful completion of the jurisprudence exam with a score of at least 75 percent.

(2) The department will obtain a query from the National Practitioner Data Bank.

(3) An applicant licensed in any other jurisdiction at any time shall cause the other jurisdictions to submit a current verification of licensure directly to the board.

(4) An applicant may voluntarily withdraw their application by written request if the application has not appeared on a board agenda. Application fees are not refundable.

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-4-301, 37-4-401, 37-4-402, 37-29-201, 37-29-303, 37-29-306, MCA
History: NEW, 2024 MAR p. 2205, Eff. 9/21/24.

Subchapter 24.138.6 Nonresident Volunteer Licensure

Mont. Admin. R. 24.138.601 Restricted Temporary Licensure of Nonresident Volunteer Dentists and Dental Hygienists (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-4-341, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-4-341, MCA
History: NEW, 2010 MAR p. 411, Eff. 2/12/10; AMD, 2017 MAR p. 2281, Eff. 12/9/17; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.603 Scope of Treatment for Temporary Volunteer License (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-4-341, MCA
Implementing statute(s): 37-1-131, 37-4-341, MCA
History: NEW, 2010 MAR p. 411, Eff. 2/12/10; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Subchapter 24.138.9 Denturitry

Mont. Admin. R. 24.138.906 Denturist Scope of Practice

(1) A denturist may make and fit dentures over implants under the following conditions:

(a) the fitting must be performed after written referral from a Montana-licensed dentist;

(b) the denturist may not refer directly for implant placement;

(d) the denture must be manually removable without tools.

(2) A denturist may not cut, surgically remove, or surgically reduce any tissue or natural teeth in the process of making and fitting an implant-retained denture.

(3) A denturist may not fit or adjust any abutment or otherwise adjust any appurtenance to a dental implant, except on the denture itself.

(4) A denturist may reline or rebase the original implant-retained denture.

(5) All partial denture patients shall be referred to a dentist to determine what is needed prior to the denturist starting service.

(6) Denturists must guarantee all new services completed by the denturist. The guarantee starts from the day of final insertion.

History

Authorizing statute(s): 37-1-131, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-29-102, 37-29-103, 37-29-404, MCA
History: NEW, 2020 MAR p. 588, Eff. 3/28/20; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Subchapter 24.138.21 Renewals and Continuing Education

Mont. Admin. R. 24.138.2101 Definition of Continuing Education (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-306, 37-1-319, MCA
History: NEW, 1993 MAR p. 287, Eff. 2/26/93; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2005 MAR p. 1396, Eff. 7/29/05; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2015 MAR p. 1904, Eff. 10/30/15; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2102 Subject Matter Acceptable for Dentist and Dental Hygienist Continuing Education (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-4-205, 37-4-401, MCA
Implementing statute(s): 37-1-306, 37-1-319, 37-4-401, MCA
History: NEW, 1993 MAR p. 287, Eff. 2/26/93; AMD, 1994 MAR p. 2627, Eff. 9/23/94; AMD, 1996 MAR p. 3118, Eff. 12/6/96; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2015 MAR p. 1904, Eff. 10/30/15; AMD, 2018 MAR p. 1279, Eff. 7/7/18; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2103 Subject Matter Acceptable for Denturist Continuing Education (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-29-201, MCA
Implementing statute(s): 37-1-306, 37-29-306, MCA
History: NEW, 1993 MAR p. 287, Eff. 2/26/93; AMD, 1996 MAR p. 3118, Eff. 12/6/96; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2104 Requirements and Restrictions (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-4-205, 37-4-401, 37-29-201, MCA
Implementing statute(s): 37-1-306, 37-1-319, 37-4-401, MCA
History: NEW, 1993 MAR p. 287, Eff. 2/26/93; AMD, 1994 MAR p. 2627, Eff. 9/23/94; AMD, 1996 MAR p. 3118, Eff. 12/6/96; AMD, 1999 MAR p. 209, Eff. 1/29/99; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2005 MAR p. 1396, Eff. 7/29/05; AMD, 2010 MAR p. 411, Eff. 2/12/10; AMD, 2014 MAR p. 1837, Eff. 8/8/14; AMD, 2015 MAR p. 1904, Eff. 10/30/15; AMD, 2018 MAR p. 1279, Eff. 7/7/18; AMD, 2021 MAR p. 473, Eff. 5/1/21; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2105 Continuing Education – Audit (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-1-321, MCA
History: NEW, 1993 MAR p. 287, Eff. 2/26/93; AMD, 1996 MAR p. 3118, Eff. 12/6/96; TRANS, from Commerce, 2003 MAR p. 2435; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2015 MAR p. 1904, Eff. 10/30/15; AMD, 2019 MAR p. 2366, Eff. 12/28/19; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2106 Exemptions and Exceptions (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-306, 37-1-319, MCA
History: NEW, 1993 MAR p. 287, Eff. 2/26/93; AMD, 1994 MAR p. 1120, Eff. 4/29/94; AMD, 1996 MAR p. 3118, Eff. 12/6/96; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2010 MAR p. 406, Eff. 2/12/10; AMD, 2015 MAR p. 1904, Eff. 10/30/15; AMD, 2017 MAR p. 2281, Eff. 12/9/17; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2110 Continuing Education

(1) Licensees must obtain the following continuing education (CE) hours per three-year cycle with a starting date of 2015, prior to renewal:

(a) 60 hours for dentists. If a dentist also holds an anesthesia permit, the dentist must obtain as part of the 60 hours the following anesthesia-specific education:

(i) 20 hours for deep sedation/general anesthesia; or

(ii) 12 hours for moderate sedation.

(b) 36 hours for dental hygienists:

(i) three hours of fluoride agents, topical oral anesthetics, or nonsystemic oral antimicrobials for dental hygienists who qualify for limited prescriptive authority under 37-4-401, MCA; and

(ii) 12 additional hours for dental hygienists with a limited access permit.

(2) Continuing education requirements do not apply until a licensee's first full year of licensure.

(3) Board/staff will not preapprove CE programs or sponsors. Licensees must select quality programs that:

(a) contribute to professional knowledge and competence;

(b) contain significant intellectual or practical content; and

(4) All licensees shall affirm an understanding of their recurring duty to comply with CE requirements as part of annual license renewal.

(5) Licensees must maintain CE documentation and make the documentation available upon request. Documentation must include:

(a) licensee name;

(b) presenter or sponsor;

(d) course date(s); and

(e) number of CE hours earned.

(6) Licensees found to be in noncompliance with CE requirements may be subject to administrative suspension. Licensees may not apply CE hours used to complete delinquent CE requirements for the next education reporting period.

(7) Any CE hours required by disciplinary order do not apply toward hours required cyclically.

(8) The department, with respect to any CE audit it performs, shall determine the percentage to audit based on a statistically relevant sampling of the total number of licensees and the compliance rate of past audits.

(9) In addition to the continuing education requirements above, all licensees shall maintain a current cardiopulmonary resuscitation (CPR), advanced cardiac life support (ACLS), or pediatric advanced life support (PALS) card. Internet courses will be accepted if a hands-on evaluation of clinical competency is also included.

(10) One-time credit for first-time preparation and teaching of a program which meets the criteria in (3) qualifies for the number of hours granted to individuals who take the program.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-306, MCA
History: NEW, 2024 MAR p. 2205, Eff. 9/21/24.

Subchapter 24.138.23 Unprofessional Conduct

Mont. Admin. R. 24.138.2301 Unprofessional Conduct

(1) For the purposes of implementing the provisions of 37-1-316, MCA, the board further defines "unprofessional conduct" as follows:

(a) Continuing to practice when the licensee's license has been suspended, revoked or is not currently renewed.

(b) Administering, dispensing or prescribing a controlled substance scheduled in Title 50, chapter 32, MCA, other than in the course of legitimate or reputable professional practice.

(c) Having been convicted of violating a federal or state statute or rule regulating the possession, distribution or use of a controlled substance scheduled in Title 50, chapter 32, MCA.

(d) Failing to maintain an office in sanitary conditions consistent with current accepted sterilization and disinfection protocols for treatment rooms, sterilization and laboratory areas, or operating under unsanitary conditions after a warning from the board.

(e) Testifying in court on a contingency witness-fee basis.

(f) Failing to supervise and monitor the actions of all dental auxiliaries, dental hygienists, and denturist interns in regard to patient care.

(g) Violating the regulations concerning the administration of anesthesia.

(h) Failing to respond to correspondence from the board.

(i) Representing or recording coronal polishing, as oral prophylaxis without an appropriately licensed dentist or licensed dental hygienist inspecting for and removing any supragingival and subgingival calculus and gingival irritants.

(j) Commission of an act of sexual abuse, sexual misconduct, or sexual exploitation by the licensee, whether or not related to the licensee's practice of dentistry.

(k) Failing to store, transport off the premises, and dispose of infectious wastes, as defined in 75-10-1003, MCA, in accordance with the requirements set forth in 75-10-1005, MCA.

(l) Failing to adhere to any bloodborne pathogen regulation as outlined in Occupational Safety and Health Administration (OSHA) regulation contained in 29 CFR 1910.1030, as amended and published in the Federal Register, volume 66, on January 18, 2001 beginning at page 5325, which is hereby incorporated by reference.

(m) Failing to return a patient to the referring licensee or licensee of record, unless the patient requests otherwise

(n) Accepting or tendering "rebates" or "split fees," which are commissions paid to others for referral of business.

(o) Delegating to dental hygienists or dental auxiliaries any duties or responsibilities regarding patient care that cannot be delegated to dental hygienists or dental auxiliaries under 37-4-401, MCA, and board rules.

(p) Dentists shall be obliged when consulted in an emergency by patients not of record to make reasonable arrangements for emergency care. If treatment is provided, the dentist, upon completion of such treatment, is obliged to return the patient to his or her regular dentist unless the patient expressly reveals a different preference.

(q) Employing, supervising, or otherwise using more dental hygienists or dental auxiliaries than the dentist can reasonably supervise.

(r) Failing to assure that the radiation source under the dentist's control is used only by individuals competent to use it.

(s) Failing to safeguard the confidentiality of patient records, failing to maintain patient records in a manner consistent with the protection of the welfare of the patient, and failure to provide any information or records, upon request of the patient, that will be beneficial for the future treatment of the patient.

(t) Using advertising matter that contains misstatements, falsehoods, misrepresentations, or wording that may in any way reflect against a fellow licensee or other licensed health care provider.

(u) Knowingly suppressing, omitting, or concealing any fact or law without which the advertisement would be deceptive or misleading.

(v) Failing to adequately maintain complete records of each patient.

(w) Administering, dispensing, or prescribing approved topical agents in violation of board rules.

(x) Extracting teeth or performing dental treatment upon the written or verbal prescription of someone other than a licensed dentist.

(y) Failing to comply with a monitoring agreement entered into with the board's professional assistance program.

(z) Failing to comply with the provisions of the Guidelines for Infection Control in Dental Health-Care Settings, 2003.

(aa) Failing to pass an anesthesia permit inspection under ARM 24.138.3227.

History

Authorizing statute(s): 37-1-319, 37-4-205, 37-4-408, 37-29-201, 75-10-1006, MCA
Implementing statute(s): 37-1-316, 37-1-319, 37-4-101, 37-4-405, 37-4-408, 37-29-402, 37-29-403, 75-10-1006, MCA
History: NEW, 1982 MAR p. 2174, Eff. 12/31/82; AMD, 1991 MAR p. 2415, Eff. 12/13/91; AMD, 1993 MAR p. 393, Eff. 3/26/93; AMD, 1996 MAR p. 3118, Eff. 12/6/96; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2021 MAR p. 473, Eff. 5/1/21; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2302 Unprofessional Conduct for Denturists (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-1-319, 37-29-201, 75-10-1006, MCA
Implementing statute(s): 37-1-316, 37-1-319, 37-29-402, 37-29-403, 75-10-1006, MCA
History: NEW, 1986 MAR p. 1498, Eff. 9/12/86; AMD, 1991 MAR p. 2424, Eff. 12/13/91; AMD, 1996 MAR p. 3118, Eff. 12/6/96; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2020 MAR p. 588, Eff. 3/28/20; AMD, 2021 MAR p. 473, Eff. 5/1/21; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2303 Unprofessional Conduct for Dental Hygienists (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-4-205, 37-4-408, 75-10-1006, MCA
Implementing statute(s): 37-1-316, 37-1-319, 37-4-405, 37-4-408, 75-10-1006, MCA
History: NEW, 2021 MAR p. 473, Eff. 5/1/21; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Subchapter 24.138.24 Complaint Procedures

Mont. Admin. R. 24.138.2401 Complaint Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-308, 37-1-309, MCA
History: NEW, 1996 MAR p. 3118, Eff. 12/6/96; AMD, 2000 MAR p. 1312, Eff. 5/26/00; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2007 MAR p. 43, Eff. 1/12/07.

Mont. Admin. R. 24.138.2402 Screening Panel

(1) The screening panel shall consist of three dentists, one dental hygienist, one public member, and one denturist. The board president may reappoint or replace screening panel members as necessary at the board president's discretion.

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-307, 37-4-201, 37-29-105, MCA
History: NEW, 1996 MAR p. 3118, Eff. 12/6/96; AMD, 1999 MAR p. 209, Eff. 1/29/99; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2015 MAR p. 1904, Eff. 10/30/15; AMD, 2021 MAR p. 473, Eff. 5/1/21.

Subchapter 24.138.27 Professional Assistance Program

Mont. Admin. R. 24.138.2701 Rehabilitation Program Purpose (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-312, 37-4-311, 37-4-312, 37-4-313, 37-4-314, MCA
History: NEW, 2007 MAR p. 43, Eff. 1/12/07; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2703 Responsibilities of Professional Assistance Program

(1) The professional assistance program as set forth in 37-4-311 and 37-4-312, MCA, shall:

(a) provide two tracks for assistance of licensees or license applicants under the board's jurisdiction:

(i) a disciplinary track; and

(ii) a nondisciplinary track;

(b) provide recommendations to licensees or license applicants for appropriate evaluation and treatment facilities;

(c) recommend terms and conditions of treatment, rehabilitation, and monitoring of licensees or license applicants known to the board; and

(d) monitor all aftercare of participants under contract to ensure public safety and compliance with agreed treatment recommendations propounded by one or all of the following:

(i) the board, through stipulations and/or final orders;

(ii) treatment centers; and

(iii) the program.

(2) Upon the discharge of a participant from the program, the program shall report to the board the discharge of the participant, and if applicable, provide to the board:

(a) verification of the participant's satisfactory completion of monitoring and program requirements as appropriate for public safety;

(b) verification of the participant's completion of board final order terms and conditions with recommendation of the program for discharge; and/or

(3) The program shall consult with the board regarding program processes and procedures to ensure that program responsibilities are met consistent with board orders, requests, and contract terms.

(4) The program shall provide information to and consult with the board upon the board's request.

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-312, 37-4-311, 37-4-312, 37-4-313, 37-4-314, MCA
History: NEW, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2705 Reporting of Suspected Impairment (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-312, 37-4-311, 37-4-312, 37-4-313, 37-4-314, MCA
History: NEW, 2007 MAR p. 43, Eff. 1/12/07; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2707 Protocol for Self-Reporting to a Medical Assistance Program

(1) If a licensee or license applicant chooses to self-report to the program and the program has determined that the licensee or license applicant needs assistance or supervision, the licensee or license applicant shall be required to:

(a) enter into an aftercare contract with the program for the specified length of time determined by the program; and

(b) abide by all the requirements set forth by the program.

(2) Self-reporting by a licensee or license applicant may still result in disciplinary action if:

(a) the program determines that the self-reporting licensee or license applicant poses a danger to the licensee or license applicant or to the public;

(b) the licensee or license applicant is in noncompliance with a contract for aftercare monitoring;

(c) a licensee or license applicant has not completed evaluation, treatment, or aftercare monitoring as recommended by the program; or

(d) the screening panel otherwise determines that disciplinary action is warranted.

(3) The program shall notify and disclose to the board the identity of a new license applicant who is determined by the program to have significant impairment issues.

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-312, 37-4-311, 37-4-312, 37-4-313, 37-4-314, MCA
History: NEW, 2007 MAR p. 43, Eff. 1/12/07.

Mont. Admin. R. 24.138.2710 Protocol for Disciplinary Track

(1) All licensees or license applicants under the jurisdiction of the board who participate in the program under the disciplinary track shall be reported to the board by name.

(2) Licensees or license applicants are admitted to the disciplinary track through one or more of the following:

(a) as a condition of licensure;

(b) as a result of a sanction imposed by a board final order.

(3) The program shall also report licensees who have discharged from the program.

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-312, 37-4-311, 37-4-312, 37-4-313, 37-4-314, MCA
History: NEW, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2712 Protocol for Nondisciplinary Track

(1) A licensee or license applicant under the jurisdiction of the board who participates in the program under the nondisciplinary track shall be reported to the board by participant number.

(2) A participant who is noncompliant or refuses a reasonable request by the program shall be reported by name to the board.

(3) If the board determines that a participant does not abide by all terms and conditions of the program, the participant will be referred to the screening panel of the board for appropriate action under the disciplinary track.

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-312, 37-4-311, 37-4-312, 37-4-313, 37-4-314, MCA
History: NEW, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2714 Reporting to the Board (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-312, 37-4-311, 37-4-312, 37-4-313, 37-4-314, MCA
History: NEW, 2007 MAR p. 43, Eff. 1/12/07; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2716 Discharge Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-312, 37-4-311, 37-4-312, 37-4-313, 37-4-314, MCA
History: NEW, 2007 MAR p. 43, Eff. 1/12/07; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.2719 Relapse (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-29-201, MCA
Implementing statute(s): 37-1-131, 37-1-312, 37-4-311, 37-4-312, 37-4-313, 37-4-314, MCA
History: NEW, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2011 MAR p. 2629, Eff. 12/9/11; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Subchapter 24.138.30 Rules of Advertising for Dentists

Mont. Admin. R. 24.138.3001 Advertising Fee Information (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-4-205, MCA
Implementing statute(s): 37-4-205, MCA
History: NEW, 1991 MAR p. 2415, Eff. 12/13/91; TRANS, from Commerce, 2003 MAR p. 2435; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3002 Advertising Content (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-4-205, MCA
Implementing statute(s): 37-4-205, MCA
History: NEW, 1991 MAR p. 2415, Eff. 12/13/91; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3003 Advertising Responsibility

(1) Each licensee who is a principal partner, or officer of a firm or entity identified in any advertisement, is jointly and severally responsible for the form and content of any advertisement. This provision also shall include any licensed professional employees acting as an agent of such firm or entity.

(2) All advertisements are presumed to have been approved by the licensee named therein.

(3) A Montana licensed dentist who does not meet the criteria in ARM 24.138.3101 for advertising as a specialist who is listing or advertising the dentist's services under any specialty practice dental category in ARM 24.138.3101 must clearly disclose within the licensee's individual advertisement that the services are provided by a general dentist.

(4) Licensees must maintain records of advertising, including a copy of the advertisement, for a period of two years after publication.

History

Authorizing statute(s): 37-4-205, MCA
Implementing statute(s): 37-4-205, MCA
History: NEW, 1991 MAR p. 2415, Eff. 12/13/91; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3004 Severability

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-4-205, MCA
Implementing statute(s): 37-4-205, MCA
History: NEW, 1991 MAR p. 2415, Eff. 12/13/91; TRANS, from Commerce, 2003 MAR p. 2435; REP, 2021 MAR p. 473, Eff. 5/1/21.

Subchapter 24.138.31 Specialty Practice Provisions

Mont. Admin. R. 24.138.3101 General Standards for Specialties

(1) Any specialty area(s) of dental practice and appropriate certifying boards must be approved by the National Commission on Recognition of Dental Specialties and Certifying Boards. The specialty areas of dental practice approved by the National Commission on Recognition of Dental Specialties and Certifying Boards and the designation for ethical specialty announcement limitation of practice are:

(a) dental public health;

(b) endodontics;

(d) oral and maxillofacial surgery;

(e) orthodontic and dentofacial orthopedics;

(f) pedodontics (dentistry for children);

(g) periodontics;

(h) prosthodontics;

(i) oral and maxillofacial radiology;

(j) oral medicine; and

(k) dental anesthesiology.

(2) Dentists who announce as specialists must have successfully completed an educational program accredited by the Commission on Dental Accreditation, two or more years in length, as specified by the Council on Dental Education or be diplomates of a nationally recognized certifying board.

(3) A licensee shall not advertise using the terms "specialist" or "specializing" unless the licensee has met the board standards for specialization as set forth in this rule.

(4) A licensee who possesses a verifiable combination of education and experience is not prohibited from including in the licensee's practice one or more branches of dentistry listed in (1).

History

Authorizing statute(s): 37-4-205, MCA
Implementing statute(s): 37-4-205, 37-4-301, MCA
History: NEW, 1980 MAR p. 2662, Eff. 9/26/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 3118, Eff. 12/6/96; AMD, 1997 MAR p. 1265, Eff. 7/22/97; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2019 MAR p. 429, Eff. 4/27/19; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3102 Specialty Advertising (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-4-205, MCA
Implementing statute(s): 37-4-205, MCA
History: NEW, 1991 MAR p. 2415, Eff. 12/13/91; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2008 MAR p. 566, Eff. 3/28/08; AMD, 2019 MAR p. 429, Eff. 4/27/19; AMD, 2020 MAR p. 1631, Eff. 8/29/20; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3103 Standards for Multiple-Speciality Announcements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-4-205, MCA
Implementing statute(s): 37-1-131, 37-4-205, MCA
History: NEW, 1980 MAR p. 2662, Eff. 9/26/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1991 MAR p. 2415, Eff. 12/13/91; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; REP, 2021 MAR p. 473, Eff. 5/1/21.

Subchapter 24.138.32 Anesthesia Rules

Mont. Admin. R. 24.138.3211 Definitions Related to Anesthesia (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-4-101, 37-4-511, MCA
History: NEW, 2011 MAR p. 2629, Eff. 12/9/11; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3213 Effect of 2011 Statute and Rule Amendments on Currently Issued Anesthesia Permits (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-4-101, 37-4-511, MCA
History: NEW, 2011 MAR p. 2629, Eff. 12/9/11; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3215 Anesthesia Fee Schedule (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-1-134, 37-4-101, 37-4-511, MCA
History: NEW, 1985 MAR p. 1994, Eff. 12/27/85; AMD, 1989 MAR p. 2179, Eff. 12/22/89; AMD, 1994 MAR p. 3090, Eff. 12/9/94; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD and TRANS, from 24.138.3209, 2011 MAR p. 2629, Eff. 12/9/11; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3217 Practice of Anesthesia (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): History: 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-4-511, MCA
History: NEW, 1985 MAR p. 1994, Eff. 12/27/85; AMD, 1987 MAR p. 155, Eff. 2/14/87; AMD, 1994 MAR p. 1130, Eff. 4/29/94; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD and TRANS, from 24.138.3201, 2011 MAR p. 2629, Eff. 12/9/11; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3219 Permit Required for Administration of Anesthesia (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-1-131, 37-4-101, 37-4-511, MCA
History: NEW, 1985 MAR p. 1994, Eff. 12/27/85; AMD, 1987 MAR p. 155, Eff. 2/14/87; AMD, 1989 MAR p. 2187, Eff. 12/22/89; AMD, 1993 MAR p. 393, Eff. 3/26/93; AMD, 1994 MAR p. 1130, Eff. 4/29/94; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD and TRANS, from 24.138.3202, 2011 MAR p. 2629, Eff. 12/9/11; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3221 Minimum Qualifying Standards

(1) All requirements for the use of moderate sedation or deep sedation/general anesthesia apply, regardless of the agent used or the route of administration, when the intended or probable effect is a level of depression greater than minimal sedation.

(2) A deep sedation/general anesthesia permit is required to administer or employ any agent(s) which has a narrow margin for maintaining consciousness, including, but not limited to, ultrashort-acting barbiturates, including, but not limited to, sodium methohexital, thiopental, propofol, ketamine, etomidate, and similarly acting drugs, or quantity of agent(s), or technique(s), or any combination, thereof, that would possibly render a patient deeply sedated or generally anesthetized.

(3) All applicants for deep sedation/general anesthesia permits must have:

(a) completed a residency accredited by the Commission on Dental Accreditation in one of 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; and

(b) completed an advanced course in cardiac life support within two years of the date of permit application. Web-based courses must include a hands-on lab or megacode portion of training.

(4) All applicants for moderate sedation permits must have:

(a) received formal training in moderate sedation techniques from an institution, organization, or training course. If training for moderate sedation is through continuing education, proof of course content must accompany the initial application in the form of a course outline or syllabus;

(b) a minimum of 60 hours of instruction plus management of at least 20 dental patients, by the intravenous route; and

(c) completed an advanced course in cardiac life support within two years of the date of permit application. Web-based courses must include a hands-on lab or megacode portion of training.

(5) Applicants seeking to use inhalation sedation must:

(a) complete a course of instruction of a minimum of 14 hours, including a clinical component. This course of instruction may be completed as part of the predoctoral dental education program or in a postdoctoral continuing education competency course; or

(b) demonstrate competence and skill in administering nitrous oxide/oxygen sedation by virtue of experience and/or comparable alternative training.

(6) Applicants seeking to administer enteral minimal and/or combination inhalation sedation must complete a minimum of 16 hours of training, including a clinical component. Training must include the treatment of a compromised airway and other life-threatening emergencies. The course may be completed in a predoctoral dental education curriculum or in a postdoctoral continuing education competency course.

(a) Supplemental dosing can be used for enteral minimal sedation or enteral minimal sedation and/or combination inhalation sedation.

(b) Nitrous oxide/oxygen may only be used with a single drug for minimal sedation.

(7) Applicants who meet all requirements for a moderate sedation or deep sedation/general permit with the exception of having passed an initial inspection will be issued a temporary permit per 37-4-308, MCA.

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-4-308, MCA
Implementing statute(s): 37-1-131, 37-4-101, 37-4-308, 37-4-511, MCA
History: NEW, 1985 MAR p. 1994, Eff. 12/27/85; AMD, 1987 MAR p. 155, Eff. 2/14/87; AMD, 1989 MAR p. 2179, Eff. 12/22/89; AMD, 1993 MAR p. 393, Eff. 3/26/93; AMD, 1994 MAR p. 1130, Eff. 4/29/94; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD and TRANS, from 24.138.3203, 2011 MAR p. 2629, Eff. 12/9/11; AMD, 2017 MAR p. 2281, Eff. 12/9/17; AMD, 2024 MAR p. 2205, Eff. 9/21/24; AMD, 2025 MAR, Notice No. 2025-273, Eff. 12/20/25.

Mont. Admin. R. 24.138.3223 Minimum Monitoring Standards

(1) Minimum standards for monitoring deep sedation/general anesthesia patients 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.

(b) intraoperative:

(i) vital signs - to include blood pressure, heart rate, pulse, and oximetry results to be taken and recorded at least every five minutes;

(ii) precordial or pretracheal stethoscope and capnography used to monitor respiratory rate;

(iii) continuous electrocardiac monitoring;

(iv) continuously running intravenous line;

(v) continuous monitoring of skin and mucosal color;

(vi) end tidal CO2 monitoring must be utilized for intubated patients under general anesthesia; and

(vii) additional monitoring devices as indicated.

(i) vital signs - to include blood pressure, pulse, and oximetry results recorded at the completion of the procedure and prior to discharge with associated times; and

(ii) the patient must not leave the recovery area until the cardiovascular, respiratory stability, and absence of nausea and vomiting are assured, and the patient is awake and oriented.

(d) Food and Drug Administration approved medical devices or manual sphygmomanometer stethoscope for monitoring blood pressure shall be used during the sedation procedure.

(2) The minimum standards for monitoring moderate sedation patients shall include the following:

(a) preoperative:

(i) vital signs to include blood pressure, pulse, respiratory rate, and oximetry results; and

(ii) blood pressure monitoring for pediatric patients as indicated, unless unable to obtain.

(b) intraoperative:

(i) continuous electrocardiac on American Society of Anesthesiologists (ASA) Class 2 and greater patients;

(ii) all vital signs - to include blood pressure, heart rate, pulse, and oximetry results to be monitored and recorded at least every five minutes. Only appropriate blood pressure and oximetry results monitoring for pediatric patients need be recorded, unless unable to obtain;

(iii) a precordial or pretracheal stethoscope and capnography used to continually monitor respiration; and

(iv) continuous monitoring skin and mucosal color.

(i) vital signs, blood pressure, heart rate, pulse, and oximetry results should be taken at completion of the procedure and prior to discharge;

(ii) only appropriate blood pressure and oximetry results monitoring for pediatric patients need be recorded. When these parameters are unable to be obtained, other documentation should be evident, verifying adequate respiratory and cardiovascular function; and

(iii) prior to discharge, cardiovascular and respiratory systems must be adequate, with the absence of nausea and vomiting.

(d) Food and Drug Administration approved medical devices or manual sphygmomanometer stethoscope for monitoring blood pressure shall be used during the sedation procedure.

(3) Minimum standards for monitoring minimal sedation patients shall include the following:

(a) preoperative:

(i) vital signs, blood pressure, and heart rate; or

(ii) for pediatric patients, all vital signs, unless unable to obtain.

(b) when the dentist who administers the nitrous oxide/oxygen and/or is not in the operatory, there must be a dental auxiliary who remains with the patient and provides direct observation. The dental auxiliary must have specific instruction in the observation of nitrous oxide/oxygen sedated patients and shall monitor the patient until discharged.

(4) During dental procedures that require deep sedation/general anesthesia as described in (1) or moderate sedation as described in (2), the procedure must be attended by qualified individuals as listed below:

(a) When administering deep sedation/general anesthesia, in addition to the permit holder and an auxiliary, there must be at least one person present to monitor vital signs during the procedure. That person must be:

(i) a physician anesthesiologist licensed to practice medicine in Montana;

(ii) a certified registered nurse anesthetist recognized in that specialty by the Montana Board of Nursing;

(iii) a dentist who has successfully completed an accredited advanced dental education program in dental anesthesiology;

(iv) an oral and maxillofacial surgeon who has successfully completed an accredited oral and maxillofacial training program; or

(v) a trained healthcare professional.

(b) When administering moderate sedation, in addition to the permit holder at least one other person on staff and present must be a trained healthcare professional.

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-4-408, MCA
Implementing statute(s): 37-1-131, 37-4-101, 37-4-205, 37-4-408, 37-4-511, MCA
History: NEW, 1985 MAR p. 1994, Eff. 12/27/85; AMD, 1994 MAR p. 1130, Eff. 4/29/94; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD and TRANS, from 24.138.3204, 2011 MAR p. 2629, Eff. 12/9/11; AMD, 2017 MAR p. 2281, Eff. 12/9/17; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3225 Equipment Standards

(1) A permit holder performing deep sedation/general anesthesia must maintain a minimum of equipment, supplies, and drugs onsite, 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.

(2) A permit holder performing moderate sedation must maintain a minimum of equipment, supplies, and drugs onsite, including, but not limited to, the following:

(a) a positive pressure oxygen delivery system;

(b) precordial or pretracheal stethoscope and capnograph;

(d) stethoscope and sphygmomanometer;

(e) oral pharyngeal and/or nasopharyngeal airways;

(f) defibrillator;

(g) appropriate drugs for emergencies;

(h) suction devices, standard and emergency; and

(i) continuous electrocardiac monitoring on American Society of Anesthesiologists (ASA) Class 2 and greater patients.

(3) A licensed dentist administering nitrous oxide/oxygen must maintain a minimum of equipment and supplies onsite appropriate to meet emergencies.

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-1-131, 37-4-101, 37-4-511, MCA
History: NEW, 1985 MAR p. 1994, Eff. 12/27/85; AMD, 1987 MAR p. 155, Eff. 2/14/87; AMD, 1989 MAR p. 2179, Eff. 12/22/89; AMD, 1994 MAR p. 1130, Eff. 4/29/94; AMD, 1994 MAR p. 1130, Eff. 4/29/94; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD and TRANS, from 24.138.3205, 2011 MAR p. 2629, Eff. 12/9/11; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3227 Onsite Inspection of Permit Holders

(1) Each permit holder shall be inspected initially, and at intervals not to exceed five years, by a qualified inspector per 37-4-308, MCA.

(2) The onsite inspection shall include:

(a) demonstration of:

(i) recognition and management of complications likely to occur, considering the techniques being used;

(ii) knowledge of respective roles in normal operating procedures and in various emergency situations; and

(iii) proficiency in handling emergency situations;

(b) the presence of drugs and equipment appropriate for the level of sedation or anesthesia to be provided; and

(3) If the inspector identifies violations, the permit holder may be subject to disciplinary action by the board.

(4) A licensee who provides anesthesia at multiple facilities must be inspected at one facility only. The licensee must attest all facilities are compliant for the equipment requirements.

History

Authorizing statute(s): 37-1-131, 37-4-205, 37-4-308, MCA
Implementing statute(s): 37-1-131, 37-4-101, 37-4-308, 37-4-511, MCA
History: NEW, 1985 MAR p. 1994, Eff. 12/27/85; AMD, 1994 MAR p. 1130, Eff. 4/29/94; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD and TRANS, from 24.138.3206, 2011 MAR p. 2629, Eff. 12/9/11; AMD, 2017 MAR p. 223, Eff. 2/18/17; AMD, 2024 MAR p. 2205, Eff. 9/21/24; AMD, 2025 MAR, Notice No. 2025-273, Eff. 12/20/25.

Mont. Admin. R. 24.138.3229 Anesthesia Continuing Education (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-1-321, MCA
History: NEW, 1985 MAR p. 1994, Eff. 12/27/85; AMD, 1999 MAR p. 209, Eff. 1/29/99; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2005 MAR p. 1396, Eff. 7/29/05; AMD, 2010 MAR p. 411, Eff. 2/12/10; AMD and TRANS, from 24.138.3207, 2011 MAR p. 2629, Eff. 12/9/11; AMD, 2015 MAR p. 1904, Eff. 10/30/15; AMD, 2019 MAR p. 2366, Eff. 12/28/19; REP, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3231 Reporting Adverse Occurrences

(1) All actively licensed dentists must submit written reports to the board within seven days of any incident, injury resulting in temporary or permanent physical or mental disability, or death involving the application of sedation or anesthesia to any dental patient during dental services. Routine hospitalization to guard against postoperative complications or for patient comfort need not be reported where complications do not result in injury or death.

(2) 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;

(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.

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-1-131, 37-4-101, 37-4-511, MCA
History: NEW, 1985 MAR p. 1994, Eff. 12/27/85; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD and TRANS, from 24.138.3208, 2011 MAR p. 2629, Eff. 12/9/11; AMD, 2024 MAR p. 2205, Eff. 9/21/24.

Mont. Admin. R. 24.138.3233 Anesthesia Committee

(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.

History

Authorizing statute(s): 37-1-131, 37-4-205, MCA
Implementing statute(s): 37-4-101, 37-4-511, MCA
History: NEW, 2011 MAR p. 2629, Eff. 12/9/11.

Chapter 24.139 Doulas

Subchapter 24.139.3 Definitions

Mont. Admin. R. 24.139.301 Definitions

(1) “Emotional support” means offering reassurance, encouragement, and a calming presence to reduce stress and anxiety for the client, and includes support for developing perinatal plans.

(2) “Informational support” means providing reliable, unbiased information about pregnancy, labor, birth, lactation, infant care, emotional and physical recovery from childbirth, and related postpartum issues that promote a client’s informed decision-making.

(3) “Perinatal” means the period of time inclusive of antepartum, intrapartum, and postpartum as defined in 37-77-101, MCA.

(4) “Perinatal experience” means any doula-provided support, service, or visit that occurs during the perinatal period.

(5) “Physical support” includes comfort techniques such as hands-on comfort measures, positioning, breathing exercises, and assistance with mobility, hydration, and basic comfort needs during pregnancy, labor, birth, and postpartum periods.

History

Authorizing statute(s): 37-77-104, MCA
Implementing statute(s): 37-77-102, MCA
History: NEW, 2025 MAR, Notice No. 2025-191, Eff. 1/1/26.

Subchapter 24.139.4 General Provisions

Mont. Admin. R. 24.139.403 Fee Schedule

(1) A doula must renew annually as set forth in ARM 24.101.413.

(2) All fees are nonrefundable.

(3) The standardized fees specified in ARM 24.101.403 apply, unless specified differently in (4).

(4) The following fees will be charged:

(a) Application for initial license - $180.

(b) License renewal - $175.

History

Authorizing statute(s): 37-77-104, MCA
Implementing statute(s): 37-77-102, MCA
History: NEW, 2025 MAR, Notice No. 2025-191, Eff. 1/1/26.

Mont. Admin. R. 24.139.405 Substantial Equivalency

(1) The department adopts and incorporates by reference the 2025 substantial equivalency list for doulas publication. The publication is available on the department’s website.

(2) The department intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-191, Eff. 1/1/26.

Subchapter 24.139.5 Licensing

Mont. Admin. R. 24.139.501 License Application Requirements

(1) An applicant for doula licensure must submit the following to the department as part of the application process:

(a) a completed application as provided by the department;

(b) current CPR certification;

(d) verification from all states in which the applicant holds or has held a doula license or certificate; and

(e) verification of either:

(i) successful completion of 40 hours of supervised training with a licensed doula that includes at least two unique perinatal experiences; or

(ii) successful completion of at least 20 hours of doula training, provided by one or more entities approved by the department.

(2) For applicants who practiced as a doula for at least two years prior to January 1, 2026, the applicant must submit:

(a) a completed application as provided by the department; and

(b) a list of up to ten clients served within two years prior to January 1, 2026, identified by initials and including date range served. Doulas must have served a minimum of five clients to qualify under this part.

(3) An applicant currently licensed to practice as a doula in another jurisdiction may be licensed by endorsement. An applicant shall submit proof of active licensure in good standing from another jurisdiction, if that jurisdiction has substantially equivalent standards to Montana.

(4) An applicant seeking a limited license to complete supervised training must submit proof the applicant will be supervised in doula activities by a licensed doula who has been practicing for at least five years with no legal or disciplinary action taken against the doula.

History

Authorizing statute(s): 37-77-104, MCA
Implementing statute(s): 37-77-102, MCA
History: NEW, 2025 MAR, Notice No. 2025-191, Eff. 1/1/26.

Mont. Admin. R. 24.139.503 Supervision of Limited License Doulas

(1) A licensed doula may supervise up to five limited license doulas.

(2) The supervising doula must be readily available when the limited license doula is providing services to a client.

(3) A supervising doula must provide mentoring and reflective learning opportunities to limited license doulas.

(4) The supervising doula and the limited license doulas must keep a record of time and activities spent supervising the limited-license doula which must be made available to the department upon request. These records must be retained for seven years after the supervision ends.

History

Authorizing statute(s): 37-77-104, MCA
Implementing statute(s): 37-77-102, MCA
History: NEW, 2025 MAR, Notice No. 2025-191, Eff. 1/1/26.

Mont. Admin. R. 24.139.505 Training Programs

(1) If applying under ARM 24.139.501(1)(e)(ii), applicants must demonstrate at least 20 hours of training in any of the following areas:

(a) perinatal support and education;

(b) labor and birth education;

(d) anatomy;

(e) advocacy and communication;

(f) ethics;

(g) perinatal mental health;

(h) grief and loss support;

(i) trauma-informed care;

(j) cultural safety.

(2) Applicants may take one training program or combine training programs to meet the 20-hour requirement.

(3) Applicants must submit certificates of completion for each program completed.

History

Authorizing statute(s): 37-77-102, MCA
Implementing statute(s): 37-77-102, MCA
History: NEW, 2025 MAR, Notice No. 2025-191, Eff. 1/1/26.

Subchapter 24.139.23 Unprofessional Conduct

Mont. Admin. R. 24.139.2301 Unprofessional Conduct

(1) In addition to 37-1-410, MCA, the following is unprofessional conduct for doulas:

(a) abandoning a client without prior notice to the client;

(b) failing to support communication between the client and the client’s health care team;

(d) failing to provide trauma-informed, culturally safe, or client-centered care;

(e) failing to recognize a client’s background, identity, or experience;

(f) failing to connect clients to appropriate community-based resources for medical, educational, financial, or psychosocial supports; or

(g) failing to maintain records of services provided.

History

Authorizing statute(s): 37-77-104, MCA
Implementing statute(s): 37-77-102, MCA
History: NEW, 2025 MAR, Notice No. 2025-191, Eff. 1/1/26.

Chapter 24.141 State Electrical Board

Subchapter 24.141.1 Organizational Rules

Mont. Admin. R. 24.141.101 Board Organization

(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.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, Eff. 1/3/75; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.141.2 Procedural Rules

Mont. Admin. R. 24.141.201 Procedural Rules

(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.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.141.202 Public Participation

(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.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1978 MAR p. 1184; Eff. 8/11/78; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.141.3 Definitions

Mont. Admin. R. 24.141.301 Definitions

(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) "Limited electrical contractor" means a Montana-licensed electrical contractor limited to residential construction consisting of less than five living units in a single structure.

(3) "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.

(4) "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.

(5) "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.

(6) "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.

History

Authorizing statute(s): 37-1-131, 37-68-201, MCA
Implementing statute(s): 37-68-102, 37-68-201, 37-68-304, 37-68-305, 37-68-312, MCA
History: NEW, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2009 MAR p. 1665, Eff. 9/25/09; AMD, 2010 MAR p. 1081, Eff. 4/30/10; AMD, 2024 MAR p. 1194, Eff. 5/25/24; AMD, 2026 MAR, Notice No. 2025-136, Eff. 2/7/26.

Subchapter 24.141.4 General Provisions

Mont. Admin. R. 24.141.401 Board Meetings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-68-201, MCA
Implementing statute(s): 37-68-201, MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, Eff. 12/4/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 3039, Eff. 11/22/96; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2005 MAR p. 2458, Eff. 12/9/05; REP, 2018 MAR p. 306, Eff. 2/10/18.

Mont. Admin. R. 24.141.402 Apprentice Registration

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-68-201, MCA
Implementing statute(s): 37-68-303, MCA
History: NEW, Eff. 12/4/76; AMD, 1979 MAR p. 268, Eff. 3/16/79; AMD, 1980 MAR p. 2590, Eff. 9/12/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 34, Eff. 11/22/96; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2005 MAR p. 2458, Eff. 12/9/05; AMD, 2009 MAR p. 1665, Eff. 9/25/09; REP, 2018 MAR p. 306, Eff. 2/10/18.

Mont. Admin. R. 24.141.403 Licensee Responsibilities (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-68-201, MCA
Implementing statute(s): 37-1-308, 37-1-316, 37-1-317, 37-68-301, 37-68-315, MCA
History: NEW, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2005 MAR p. 1397, Eff. 7/29/05; REP, 2024 MAR p. 1194, Eff. 5/25/24.

Mont. Admin. R. 24.141.404 Pioneer Electrician Certificate

(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.

History

Authorizing statute(s): 37-1-131, 37-68-201, MCA
Implementing statute(s): 37-68-201, MCA
History: NEW, 1994 MAR p. 951, Eff. 4/15/94; TRANS, from Commerce, 2002 MAR p. 1755.

Mont. Admin. R. 24.141.405 Fee Schedule

(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

(2) Application fee for a license by examination (includes original license fee) 190

(3) Contractor - original license fee 210

(4) Renewal fee (two years)

(a) Contractor 210

(b) Master 140

(d) Residential 140

(5) Application by endorsement or reciprocity (includes original license fee) 190

(6) CE Provider application fee 25

(7) CE Provider course fee 10

(8) Temporary permit 50

(9) Fees are nonrefundable.

(10) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-1-101, 37-1-134, 37-68-201, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-1-304, 37-1-305, 37-68-304, 37-68-310, 37-68-311, 37-68-312, 37-68-313, MCA
History: NEW, 1982 MAR p. 684, Eff. 4/16/82; AMD, 1982 MAR p. 2091, Eff. 11/25/82; AMD, 1985 MAR p. 1239, Eff. 8/30/85; AMD, 1988 MAR p. 567, Eff. 3/25/88; AMD, 1994 MAR p. 951, Eff. 4/15/94; AMD, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 1999 MAR p. 1200, Eff. 6/4/99; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2005 MAR p. 325, Eff. 2/25/05; AMD, 2005 MAR p. 2458, Eff. 12/9/05; AMD, 2006 MAR p. 1278, Eff. 5/19/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2009 MAR p. 1665, Eff. 9/25/09; AMD, 2010 MAR p. 1081, Eff. 4/30/10; AMD, 2011 MAR p. 2398, Eff. 11/11/11; AMD, 2013 MAR p. 1524, Eff. 8/23/13; AMD, 2024 MAR p. 1194, Eff. 5/25/24.

Mont. Admin. R. 24.141.408 Fee Abatement

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2006 MAR p. 1278, Eff. 5/19/06.

Subchapter 24.141.5 Licensing

Mont. Admin. R. 24.141.501 Master, Journeyman and Residential Electrician Applications (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-68-201, MCA
Implementing statute(s): 37-1-131, 37-68-302, 37-68-304, 37-68-305, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 2830, Eff. 10/17/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 101, Eff. 1/29/82; AMD, 1988 MAR p. 567, Eff. 3/25/88; AMD, 1994 MAR p. 951, Eff. 4/15/94; AMD, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 1998 MAR p. 455, Eff. 2/13/98; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2009 MAR p. 1665, Eff. 9/25/09; REP, 2024 MAR p. 1194, Eff. 5/25/24.

Mont. Admin. R. 24.141.502 Provisional License

(1) An active provisional license allows an applicant to perform work while employed by a licensed electrical contractor.

(2) A provisional license 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 provisional license expires before the date of the applicant's scheduled examination, the department may, on a case-by-case basis, extend an applicant's provisional license.

(3) A provisional license does not allow an individual to act as a responsible electrician for a licensed electrical contractor.

(4) A second provisional license 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 provisional license. Applicants who fail a master-level examination with a score of 69 percent or less are not eligible for a second provisional license.

History

Authorizing statute(s): 37-1-319, 37-68-201, MCA
Implementing statute(s): 37-1-144, 37-1-305, 37-68-311, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1994 MAR p. 951, Eff. 4/15/94; AMD, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2005 MAR p. 2458, Eff. 12/9/05; AMD, 2009 MAR p. 1665, Eff. 9/25/09; AMD, 2024 MAR p. 1194, Eff. 5/25/24; AMD, 2026 MAR, Notice No. 2025-136, Eff. 2/7/26.

Mont. Admin. R. 24.141.503 Examinations

(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);

(d) "Printreading," by David L. Hittinger, based on the applicable NEC code.

(6) An applicant for an examination who, due to a disability, requires reasonable accommodation(s) in examination procedures, must submit a written request to the board office for the specific accommodation needed, at least 15 days prior to the scheduled exam.

(7) Any applicant who takes an examination, whether the applicant passes or fails the examination, may contact the department to request their specific test score.

(8) Any applicant who takes an examination and does not pass the examination may contact the department to request a review of the examination.

(a) The board will not modify examination results unless the applicant presents clear and convincing evidence of error in the grading of the examination.

(b) The board will not consider any challenge to examination grading unless the total of the potentially revised score would result in a passing score.

(9) A request for rescoring of an application must be made in writing to the board office and received within 20 days of the date of the examination and must request a rescore of the examination.

(a) The candidate will be allowed two hours to review the examination and must identify the challenged examination questions and state specifically why the results should be modified, pursuant to the NEC and/or Montana statutes and rules supporting the applicant's position.

(b) The board will review the examination and the applicant's justification at the next regularly scheduled board meeting and notify the applicant in writing of the board's decision.

(10) Any applicant determined by the board to be cheating on an examination or using inappropriate material/equipment during an examination will fail and be required to wait at least one year before reapplying for licensure and before being allowed to reexamine.

History

Authorizing statute(s): 37-1-131, 37-68-201, MCA
Implementing statute(s): 37-1-131, 37-68-304, 37-68-305, MCA
History: NEW, 1988 MAR p. 567, Eff. 3/25/88; AMD, 1994 MAR p. 951, Eff. 4/15/94; AMD, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2005 MAR p. 2458, Eff. 12/9/05; AMD, 2009 MAR p. 1665, Eff. 9/25/09; AMD, 2024 MAR p. 1194, Eff. 5/25/24.

Mont. Admin. R. 24.141.504 Licensure by Reciprocity or Endorsement (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-68-201, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2009 MAR p. 1665, Eff. 9/25/09; AMD, 2024 MAR p. 1194, Eff. 5/25/24; REP, 2026 MAR, Notice No. 2025-136, Eff. 2/7/26.

Mont. Admin. R. 24.141.505 Electrical Contractor Licensing

(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.

(2) The board shall issue a limited electrical contractor license to an applicant who submits the required documentation listed in (1) above and designates as the responsible electrician, a licensed journeyman, on a form prescribed by the board.

(3) The board shall issue an unlimited electrical contractor license to an applicant who submits the required documentation listed in (1) above and designates as the responsible electrician, a licensed master, on a form prescribed by the board.

(4) An owner of an unlimited electrical contracting business not licensed as a master electrician, must employ a master electrician on a full-time basis. No holder of a master electrician's license shall be named as the responsible electrician for more than one unlimited electrical contractor.

(5) An owner of a limited electrical contracting business not licensed as a journeyman electrician shall employ a journeyman electrician on a full-time basis. No holder of a journeyman electrician's license may be named as the responsible electrician for more than one electrical contractor.

(6) A responsible electrician who leaves the employment of a licensed electrical contractor, for whatever reason, must provide written notification to the board office of that fact, within ten working days. The licensed electrical contractor must provide the board office within ten working days, on a prescribed form, of the change of responsible electrician. Failure to name another responsible electrician within ten working days shall be cause for suspension of the electrical contractor license and cause for revocation.

(7) A licensed master or journeyman electrician, in the case of residential construction, may be relieved from further responsibility under any application or permit if the electrician has left or been discharged from the employment of an electrical contractor or owner, provided the electrician sends a notice in writing to that effect within ten working days to the state electrical board and the state or local building code enforcement entity, whichever is applicable.

History

Authorizing statute(s): 37-1-131, 37-68-201, MCA
Implementing statute(s): 37-68-312, MCA
History: NEW, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2009 MAR p. 1665, Eff. 9/25/09; AMD, 2024 MAR p. 1194, Eff. 5/25/24.

Mont. Admin. R. 24.141.506 Master Electrician Qualifications

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-68-201, MCA
Implementing statute(s): 37-1-131, 37-68-201, 37-68-301, 37-68-304, MCA
History: NEW, 2004 MAR p. 1024, Eff. 4/23/04; AMD, 2005 MAR p. 325, Eff. 2/25/05; REP, 2009 MAR p. 1665, Eff. 9/25/09.

Mont. Admin. R. 24.141.507 Military Training or Experience (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 971, Eff. 5/9/14; AMD, 2018 MAR p. 306, Eff. 2/10/18; REP, 2024 MAR p. 1194, Eff. 5/25/24.

Mont. Admin. R. 24.141.508 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the State Electrical Board publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption of this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2025-136, Eff. 2/7/26.

Mont. Admin. R. 24.141.509 Nonroutine Applications and Applicants with Criminal Convictions

(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.

History

Authorizing statute(s): 37-1-131, 37-68-201, MCA
Implementing statute(s): 37-1-101, 37-1-131, Title 37, chapter 1, part 2, MCA
History: NEW, 2011 MAR p. 2398, Eff. 11/11/11; AMD, 2021 MAR p. 556, Eff. 5/15/21; AMD, 2024 MAR p. 1194, Eff. 5/25/24.

Mont. Admin. R. 24.141.511 Applicants with Criminal Convictions (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21; REP, 2024 MAR p. 1194, Eff. 5/25/24.

Mont. Admin. R. 24.141.515 Journeyman and Master Electrician Experience Requirements

(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.

History

Authorizing statute(s): 37-1-131, 37-68-201, MCA
Implementing statute(s): 37-1-131, 37-68-304, 37-68-305, MCA
History: NEW, 2024 MAR p. 1194, Eff. 5/25/24.

Subchapter 24.141.21 Renewals and Continuing Education

Mont. Admin. R. 24.141.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-141, 37-68-201, MCA
Implementing statute(s): 37-1-141, 37-68-310, MCA
History: NEW, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2018 MAR p. 306, Eff. 2/10/18.

Mont. Admin. R. 24.141.2102 Continuing Education

(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.

(2) Licensees are responsible for maintaining records of completion and submitting certificates to the department upon request.

(a) Course completion certificates shall contain the licensee's name, the course title, the date, and a breakdown of the course content (NEC or industry) by credit hour.

(b) The department may perform a random audit of licensees' continuing education hours at any time. The department shall determine the percentage to audit based on a statistically relevant sampling of the total number of licensees and the compliance rate of past audits.

(3) The department, on behalf of the board, maintains a list of approved continuing education courses. The department shall review and approve continuing education courses and issue an approval number to the course. To gain approval, the department shall verify the following:

(a) the course addresses NEC updates or other subjects related to the industry by credit hour;

(b) the course certificate meets the requirements of (2)(a);

(c) the course instructor is a Montana-licensed journeyman or master electrician or the instructor has substantially equivalent credentials; and

(d) the licensees' course participation is verifiable online within 30 days of course completion.

(4) The board shall honor continuing education courses if the department determines that the state's courses are substantially equivalent to the courses approved in this state. The course approval number, date of course, and credit breakdown must appear on the completion certificate.

(5) Licensees may receive a maximum of eight hours continuing education credit for serving as an instructor for department-approved continuing education courses per year.

(6) Licensees may receive a maximum of eight hours continuing education credit for serving as an instructor for an approved Montana Registered Apprenticeship Program course per year, as verified by a school administrator or authority.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-68-201, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, MCA
History: NEW, 1988 MAR p. 567, Eff. 3/25/88; AMD, 1994 MAR p. 951, Eff. 4/15/94; AMD, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 1998 MAR p. 455, Eff. 2/13/98; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2006 MAR p. 1612, Eff. 5/19/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2009 MAR p. 1665, Eff. 9/25/09; AMD, 2010 MAR p. 1081, Eff. 4/30/10; AMD, 2024 MAR p. 1194, Eff. 5/25/24; AMD, 2026 MAR, Notice No. 2025-136, Eff. 2/7/26.

Subchapter 24.141.23 Unprofessional Conduct

Mont. Admin. R. 24.141.2301 Unprofessional Conduct

(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.

(2) A licensee's commission of any act of sexual abuse, sexual misconduct, or sexual exploitation, whether or not it is related to the licensee's practice, is considered unprofessional conduct.

(3) A licensee's failure to respond to board inquiry or furnish information requested by the board, department investigators, or board representatives is considered unprofessional conduct.

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-68-201, MCA
Implementing statute(s): 37-1-307, 37-1-316, 37-1-317, 37-1-319, 37-68-301, 37-68-315, MCA
History: NEW, 2006 MAR p. 1278, Eff. 5/19/06; AMD, 2009 MAR p. 1665, Eff. 9/25/09; AMD, 2018 MAR p. 306, Eff. 2/10/18; AMD, 2024 MAR p. 1194, Eff. 5/25/24.

Mont. Admin. R. 24.141.2305 Administrative Suspension

(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

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law or the department's licensee lookup and license verification databank.

History

Authorizing statute(s): 37-1-131, 37-68-201, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2024 MAR p. 1194, Eff. 5/25/24.

Subchapter 24.141.24 Complaint Procedures

Mont. Admin. R. 24.141.2401 Screening Panel (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-307, MCA
History: NEW, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 1998 MAR p. 455, Eff. 2/13/98; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2018 MAR p. 306, Eff. 2/10/18; REP, 2024 MAR p. 1194, Eff. 5/25/24.

Mont. Admin. R. 24.141.2402 Complaint Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-68-201, MCA
Implementing statute(s): 37-1-101, 37-1-131, 37-1-307, 37-1-308, 37-1-309, MCA
History: NEW, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2009 MAR p. 1665, Eff. 9/25/09; REP, 2018 MAR p. 306, Eff. 2/10/18.

Mont. Admin. R. 24.141.2405 Panel Members

(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 three board members, including two professional members of the board and one public member of the board.

(b) The adjudication panel shall consist of two board members, including one journeyman or master electrician member of the board and one public member of the board.

(2) The screening panel will not consider anonymous complaints.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 2-15-1764, 37-1-144, 37-1-307, MCA
History: NEW, 2024 MAR p. 1194, Eff. 5/25/24; AMD, 2026 MAR, Notice No. 2025-136, Eff. 2/7/26.

Chapter 24.142 Elevator Licensing Program

Subchapter 24.142.3 Definitions

Mont. Admin. R. 24.142.301 Definitions

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 full-time 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 full-time basis to ensure that all work performed by the mechanic's employer is code compliant.

History

Authorizing statute(s): 37-73-102, 50-60-705, MCA
Implementing statute(s): 37-1-144, 37-1-148, 37-73-102, 37-73-201, 37-73-202, 37-73-203, 37-73-204, 37-73-212, 50-60-704, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2026 MAR, Notice No. 2026-140, Eff. 8/22/26.

Mont. Admin. R. 24.142.302 Scope of Practice

(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;

(d) illuminated thresholds; and

(e) feeder wires to the terminals on the elevator main line control.

(2) Elevator mechanic licenses are not required for individuals who perform operational testing after the person doing the test has performed a lock-out and tag-out, and as long as the testing does not impact code compliance issues or require any form of conveyance disassembly. Such testing may include, but is not limited to:

(a) fire service tests;

(b) step/skirt index tests;

(d) smoke and heat detectors tests.

(3) The construction or modification of hoistway shaft enclosure or machine room enclosure that does not involve alteration, repair, or maintenance of an elevator does not require an elevator contractor's license. However, the construction or modification of these structures must comply with all other applicable sections of the currently adopted building regulations.

(4) A licensed elevator contractor may use a helper to assist a licensed elevator mechanic or limited mechanic to do conveyance work. Assistance does not include performing any function that requires knowledge, skills, or abilities of an elevator mechanic or limited mechanic.

History

Authorizing statute(s): 37-73-102, MCA
Implementing statute(s): 37-1-144, 37-1-148, 37-73-102, 37-73-201, 37-73-203, 37-73-212, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2026 MAR, Notice No. 2026-140, Eff. 8/22/26.

Subchapter 24.142.4 General Provisions

Mont. Admin. R. 24.142.401 General

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-101, 37-73-102, 50-60-203, MCA
Implementing statute(s): 37-73-102, 37-73-201, 37-73-203, 37-73-208, 37-73-212, 37-73-216, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; REP, 2013 MAR p. 52, Eff. 1/18/13.

Mont. Admin. R. 24.142.402 Fee Schedule

(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) Provisional license 50

(8) Exam review fee 100

(9) Reexamination fee 50

(10) All fees are nonrefundable.

History

Authorizing statute(s): 37-1-101, 37-73-102, 37-73-201, 37-73-204, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-101, 37-1-134, 37-1-144, 37-1-148, 37-73-102, 37-73-201, 37-73-204, 37-73-212, 37-73-221, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2021 MAR p. 475, Eff. 5/1/21; AMD, 2022 MAR p. 55, Eff. 1/15/22; AMD, 2026 MAR, Notice No. 2026-140, Eff. 8/22/26.

Mont. Admin. R. 24.142.404 Licensee Responsibilities

(1) Licensed elevator mechanics, limited mechanics, elevator contractors, limited elevator contractors, and elevator inspectors must 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 must 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

(4) Elevator contractors are responsible for obtaining any permit required by the state of Montana or a certified local building code enforcement authority relating to conveyance work and are responsible for ensuring that work performed complies with the permitting requirements.

(5) Elevator contractors, limited elevator contractors, elevator mechanics, or limited mechanics may not allow their licenses to be used by other individuals, firms, corporations, or businesses for the purpose of obtaining conveyance permits or for performing conveyance work.

(6) An elevator contractor, limited elevator contractor, elevator mechanic, or limited mechanic may not perform work beyond the scope of the individual's license.

History

Authorizing statute(s): 37-73-102, MCA
Implementing statute(s): 37-1-144, 37-1-148, 37-1-406, 37-1-410, 37-73-102, 37-73-201, 37-73-202, 37-73-203, 37-73-212, 37-73-225, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2021 MAR p. 475, Eff. 5/1/21; AMD, 2026 MAR, Notice No. 2026-140, Eff. 8/22/26.

Mont. Admin. R. 24.142.405 Apprentice Registration

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-73-102, 50-60-203, MCA
Implementing statute(s): 37-73-202, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; REP, 2021 MAR p. 475, Eff. 5/1/21.

Subchapter 24.142.5 Licensing

Mont. Admin. R. 24.142.501 Documentation of Suitable Training and Experience

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-73-102, MCA
Implementing statute(s): 37-1-104, 37-73-102, 37-73-201, 37-73-203, 37-73-208, 37-73-212, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; REP, 2013 MAR p. 52, Eff. 1/18/13.

Mont. Admin. R. 24.142.502 Elevator Mechanic and Limited Mechanic Licensure Qualifications

(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.

(2) For the purpose of meeting the experience option requirement for licensure as an elevator mechanic, one year equals at least 1500 hours as verified by current or previous employers. The department may, for good cause, allow a substitute means of verification of the three-year experience requirement as determined appropriate in the department's sole discretion, such as employment, payroll, or tax records.

(3) An applicant for a limited mechanic's license shall furnish evidence satisfactory to the department that the applicant has passed a written examination administered by the department.

History

Authorizing statute(s): 37-73-102, 37-73-203, MCA
Implementing statute(s): 37-73-102, 37-73-201, 37-73-203, 37-73-204, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2021 MAR p. 475, Eff. 5/1/21.

Mont. Admin. R. 24.142.503 Elevator Mechanic and Limited Mechanic Applications

(1) An applicant must 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 must 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;

(d) past disciplinary actions reviewed and considered, if applicable.

History

Authorizing statute(s): 37-73-102, MCA
Implementing statute(s): 37-1-150, 37-1-410, 37-73-102, 37-73-201, 37-73-203, 37-73-204, 37-73-221, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2026 MAR, Notice No. 2026-140, Eff. 8/22/26.

Mont. Admin. R. 24.142.504 Provisional License

(1) The department may issue two types of provisional licenses:

(a) to elevator inspectors for a six-month provisional 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.

(2) All provisional licenses are subject to revocation under contested case proceedings in 37-1-403, MCA.

History

Authorizing statute(s): 37-73-102, MCA
Implementing statute(s): 37-1-144, 37-1-148, 37-73-102, 37-73-201, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2026 MAR, Notice No. 2026-140, Eff. 8/22/26.

Mont. Admin. R. 24.142.506 Elevator Inspector Qualifications

(1) Unless they qualify for a temporary license under 37-73-208, MCA, applicants for elevator inspectors licenses must provide evidence satisfactory to the department that they possess certification as such from one or more of the following entities:

(a) ANSI;

(b) NAESA;

(d) another elevator inspector certification from a provider entity, as approved by the department on a case-by-case basis.

History

Authorizing statute(s): 37-73-102, MCA
Implementing statute(s): 37-1-144, 37-1-148, 37-73-102, 37-73-201, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2026 MAR, Notice No. 2026-140, Eff. 8/22/26.

Mont. Admin. R. 24.142.507 Elevator Contractor Applications

(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.

(2) An individual owner or sole proprietor of an elevator contracting business not licensed as an elevator mechanic or inspector shall employ one or more licensed elevator mechanics or inspectors to perform all conveyance work done under that contractor's license and conveyance permits issued to that contractor. No holder of an elevator mechanic's license can be named as the responsible elevator mechanic for more than one elevator contractor at any given time.

(3) An owner of a limited elevator contracting business not licensed as a limited mechanic shall employ a limited mechanic to perform all work done under that contractor's license. No holder of a limited mechanic's license can be named as the responsible limited mechanic for more than one elevator contractor at any given time.

(4) A responsible elevator mechanic or responsible limited mechanic who leaves the employment of a licensed elevator contractor, for whatever reason, must provide written notification to the department of that fact within ten working days. The licensed elevator contractor must notify the department within ten working days, on a provided form, of the change of responsible elevator mechanic or responsible limited mechanic.

(a) Failure to name another responsible elevator mechanic or responsible limited mechanic, as applicable, within ten working days is cause for disciplinary action, including suspension or revocation of the elevator contractor's license.

(5) A licensed elevator mechanic or limited mechanic may be relieved from further responsibility under any application or permit if the elevator mechanic or limited mechanic has left or been discharged from the employment of an elevator contractor or owner, provided the elevator mechanic or limited mechanic sends a notice in writing to that effect within ten working days of the last day of employment to the department or the state or local building code enforcement entity, whichever is applicable.

History

Authorizing statute(s): 37-73-102, MCA
Implementing statute(s): 37-1-104, 37-73-102, 37-73-201, 37-73-212, 50-60-716, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13.

Mont. Admin. R. 24.142.508 Substantial Equivalency

(1) The department adopts and incorporates by reference the 2026 substantial equivalency list for the Elevator Contractors, Mechanics, and Inspectors Licensing Program publication. The publication is available on the department’s website.

(2) The department intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-73-102, 37-73-203, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2026-140, Eff. 8/22/26.

Mont. Admin. R. 24.142.509 Examinations

(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.

History

Authorizing statute(s): 37-73-102, MCA
Implementing statute(s): 37-73-102, 37-73-201, 37-73-204, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2021 MAR p. 475, Eff. 5/1/21.

Mont. Admin. R. 24.142.510 Licensure by Reciprocity or Endorsement

(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.

History

Authorizing statute(s): 37-73-102, MCA
Implementing statute(s): 37-73-102, 37-73-201, 37-73-203, 37-73-204, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2021 MAR p. 475, Eff. 5/1/21.

Authorizing statute(s): 37-73-102, 37-73-220, MCA
Implementing statute(s): 37-73-102, 37-73-220, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2022 MAR p. 55, Eff. 1/15/22.

Subchapter 24.142.24 Unprofessional Conduct

Mont. Admin. R. 24.142.2401 License Discipline

(1) In addition to the conduct set forth in 37-1-410, MCA, the following conduct is also defined as unprofessional conduct:

(a) failure to correct violations cited by the department;

(b) failure to comply with state law relating to workers' compensation insurance, unemployment insurance, and independent contracting;

(d) failure to comply with the permitting provisions set forth in 50-60-709, MCA, and ARM 24.301.606;

(e) failure to request an inspection as provided in ARM 24.301.606;

(f) failure to provide proof of licensure upon request as prescribed in 37-73-225, MCA;

(g) failure of a licensed elevator inspector to file condition reports as prescribed in ARM 24.301.623;

(h) failure to notify the department of a material policy alteration or policy cancellation as required by 50-60-716, MCA; and

(i) failure to comply with any law and rule governing elevator licensing program or the elevator code.

(2) The provisions of Title 37, chapter 1, part 4, MCA, govern the prosecution of unprofessional conduct.

History

Authorizing statute(s): 37-1-413, 37-73-102, MCA
Implementing statute(s): 37-1-402, 37-1-403, 37-1-404, 37-1-405, 37-1-406, 37-1-409, 37-1-410, 37-1-412, 37-73-102, 37-73-225, 37-73-226, MCA
History: NEW, 2006 MAR p. 553, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2026 MAR, Notice No. 2026-140, Eff. 8/22/26.

Chapter 24.144 Fire Protection and Fireworks Wholesalers

Subchapter 24.144.3 Definitions

Mont. Admin. R. 24.144.301 Definitions

The following definitions apply to the use of the listed terms in Title 50, chapter 39, part 1, MCA, and in these rules:

(1) "Commercial general liability insurance" means insurance that covers bodily injury and property damage, personal and advertising injury and medical payments resulting from, but not limited to, premises/operations claims and products/completed operations claims.

(2) "ESA/NTS" means the Electronic Security Association/National Training School.

(3) "Fire protection equipment" means the components of any fire alarm system, special agent fire suppression system, or fire extinguishing system.

(4) "Fire sprinkler system" means a fire extinguishing system.

(5) "National testing agency" means a certifying organization that has been approved by the department as having qualifications that are at least substantially equivalent to the requirements of this state for licensing.

(6) "NICET" means national institute for certification in engineering technologies.

History

Authorizing statute(s): 50-39-107, MCA
Implementing statute(s): 50-39-101, 50-39-102, 50-39-103, 50-39-108, MCA
History: NEW, 1996 MAR p. 748, Eff. 3/22/96; AMD, 1998 MAR p. 458, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 261; AMD, 2021 MAR p. 565, Eff. 5/15/21.

Subchapter 24.144.4 General Provisions

Mont. Admin. R. 24.144.402 Duty to Report Name, Address, and Ownership Changes

(1) An entity licensed or individual endorsed shall report a change of name or address to the department within 15 days of the change. The entity or person shall also record the new name or address on the reverse side of the license and endorsement.

(2) An entity licensed shall report a change of ownership to the department within 15 days of the change.

History

Authorizing statute(s): 50-39-107, MCA
Implementing statute(s): 50-39-101, 50-39-102, MCA
History: NEW, Eff. 10/5/75; AMD, 1983 MAR p. 15, Eff. 1/14/83; AMD, 1993 MAR p. 2953, Eff. 12/10/93; TRANS, 1996 MAR p. 748, Eff. 3/22/96; TRANS, from Commerce, 2005 MAR p. 261; AMD, 2021 MAR p. 565, Eff. 5/15/21.

Mont. Admin. R. 24.144.403 Proof of Insurance

(1) Prior to issuance of a license and annually thereafter the entity shall obtain, maintain in full force and file with the department a full term commercial general liability insurance policy from an insurance company authorized to do business in the state of Montana and except as provided in (5), submit verification of workers' compensation insurance.

(2) An entity engaging in the business of servicing fire extinguishers shall submit a copy of commercial general liability insurance with a minimum limit per occurrence of $500,000 that includes premises/operations and products/completed operations coverage.

(3) An entity engaging in the business of selling, servicing or installing fire alarm systems, special agent fire suppression systems or fire extinguisher systems shall submit a copy of commercial general liability insurance with a minimum limit per occurrence of $1,000,000 that includes premises/operations and products/completed operations coverage.

(4) Failure to maintain liability insurance required under this chapter constitutes grounds for denial, suspension or revocation of a license.

(5) Sole proprietors or working members of a partnership who are on file with the Department of Labor and Industry as independent contractors, with no employees, need not submit workers' compensation but shall submit independent contractor exemption verification to the department.

History

Authorizing statute(s): 50-39-107, MCA
Implementing statute(s): 50-39-102, MCA
History: NEW, 1993 MAR p. 2953, Eff. 12/10/93; TRANS, 1996 MAR p. 748, Eff. 3/22/96; TRANS, from Commerce, 2005 MAR p. 261; AMD, 2021 MAR p. 565, Eff. 5/15/21.

Mont. Admin. R. 24.144.404 Duplicate License or Endorsement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 37-1-134, 50-3-102, MCA
History: NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; AMD, 1983 MAR p. 15, Eff. 1/14/83; AMD, 1993 MAR p. 2953, Eff. 12/10/93; TRANS, 1996 MAR p. 748, Eff. 3/22/96; TRANS, from Commerce, 2005 MAR p. 261; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2021 MAR p. 565, Eff. 5/15/21.

Mont. Admin. R. 24.144.411 Fees

(1) Endorsement to sell, service, or install fire alarm systems, special agent fire suppression systems, and/or fire extinguishing systems $80

(2) Business entity license 125

(3) Fireworks wholesaler permit 45

(4) Renewal of total endorsement(s) 80

(5) Renewal of business entity license 125

History

Authorizing statute(s): 50-37-104, 50-39-107, MCA
Implementing statute(s): 50-37-104, 50-39-102, MCA
History: Eff. 10/5/75; AMD, 1983 MAR p. 15, Eff. 1/14/83; AMD, 1985 MAR p. 936, Eff. 7/12/85; AMD, 1993 MAR p. 2953, Eff. 12/10/93; TRANS, AMD, 1996 MAR p. 748, Eff. 3/22/96; TRANS, from Commerce, 2005 MAR p. 261; AMD, 2006 MAR p. 224, Eff. 1/27/06; AMD, 2021 MAR p. 565, Eff. 5/15/21; AMD, 2026 MAR, Notice No. 2026-139, Eff. 8/22/26.

Mont. Admin. R. 24.144.415 Apprentices-Approved Programs

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-39-107, MCA
Implementing statute(s): 50-39-101, MCA
History: NEW, 1996 MAR p. 748, Eff. 3/22/96; AMD, 1998 MAR p. 458, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 261; REP, 2021 MAR p. 565, Eff. 5/15/21.

Subchapter 24.144.5 Licensing

Mont. Admin. R. 24.144.501 Who Must Obtain an Endorsement

(1) Except as provided in (2), a person must obtain an endorsement from the department prior to selling, servicing or installing fire alarm systems, special agent fire suppression systems or fire extinguishing systems.

(2) The following persons need not obtain an endorsement:

(a) a manufacturer filling or charging a fire extinguisher prior to its initial sale.

(b) an apprentice, so long as the person performs the installation or service of fire protection equipment under the immediate personal supervision of a person holding an endorsement.

(d) an owner or occupant of a single family residence performing installation of fire protection equipment as long as the authority having jurisdiction approves the installation.

(3) Persons or entities that engage only in the routine visual inspection of fire alarm systems, special agent fire suppression systems or fire extinguishing systems owned by the person or entity and installed on property under their control are exempt from obtaining a license or endorsement from the department; however, these persons or entities are not exempt if they service or install fire protection equipment.

History

Authorizing statute(s): 50-39-107, MCA
Implementing statute(s): 50-39-101, 50-39-102, MCA
History: NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; AMD, 1983 MAR p. 15, Eff. 1/14/83; AMD, 1985 MAR p. 936, Eff. 7/12/85; AMD, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1993 MAR p. 2953, Eff. 12/10/93; TRANS, AMD, 1996 MAR p. 748, Eff. 3/22/96; AMD, 1998 MAR p. 458, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 261; AMD, 2021 MAR p. 565, Eff. 5/15/21.

Mont. Admin. R. 24.144.502 Examination for Endorsement

(1) The department shall issue an endorsement for both non-pre-engineered and pre-engineered fire alarm systems, special fire agent suppression systems, or fire extinguishing systems to an individual who pays the required fee and submits satisfactory documentation that the applicant satisfies one of the following:

(a) currently holds the equivalent of endorsement in another jurisdiction (state, territory, federal government, federally-recognized tribe, country or local government) , provided that the applicant meets or exceeds the qualifications for endorsement in this state;

(b) has been issued a letter of certification, specific to the endorsement being sought:

(i) of NICET Level II or higher, or is a candidate for certification from NICET Level II or higher;

(ii) from ESA/NTS as a certified alarm technician level II or higher for a fire alarm systems endorsement; or

(iii) from any national testing agency approved by the department per ARM 24.144.301; or

(c) is currently licensed as an engineer in any jurisdiction (state, territory, federal government, federally-recognized tribe, country or local government), that has licensure standards as stringent as or more stringent than those for licensure as an engineer in the state of Montana; or

(d) has successfully completed an apprenticeship program approved by the department.

(2) The department shall issue an endorsement for pre-engineered fire alarm systems, or special fire agent suppression systems to an individual who submits proof of manufacturer training on the specific brand and model of such pre-engineered system for which the applicant seeks endorsement. An endorsement granted under this rule shall be valid only for the brand and model number specified on the endorsement. Those extinguisher system endorsements issued under this rule prior to February, 1998, will remain valid until or unless the endorsement is not renewed by the renewal date or is revoked.

History

Authorizing statute(s): 50-39-107, MCA
Implementing statute(s): 50-39-101, 50-39-102, MCA
History: NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; AMD, 1983 MAR p. 15, Eff. 1/14/83; AMD, 1985 MAR p. 936, Eff. 7/12/85; AMD, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1993 MAR p. 2953, Eff. 12/10/93; TRANS, AMD, 1996 MAR p. 748, Eff. 3/22/96; AMD, 1998 MAR p. 458, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 261; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2021 MAR p. 565, Eff. 5/15/21.

Mont. Admin. R. 24.144.503 Application Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-39-107, MCA
Implementing statute(s): 50-39-102, 50-39-103, 50-39-105, MCA
History: NEW, 1996 MAR p. 748, Eff. 3/22/96; AMD, 1998 MAR p. 458, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 261; REP, 2021 MAR p. 565, Eff. 5/15/21.

Mont. Admin. R. 24.144.504 Substantial Equivalency

(1) The department adopts and incorporates by reference the 2026 substantial equivalency list for the Fire Protection License Program publication. The publication is available on the department’s website.

(2) The department intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 50-39-107, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2026-139, Eff. 8/22/26.

Subchapter 24.144.7 Fireworks Wholesalers

Mont. Admin. R. 24.144.701 Fireworks Wholesaler Permit

(1) Applicants for fireworks wholesaler permits must submit an application, pay the appropriate fee, and meet the qualifications of 50-37-104, MCA.

History

Authorizing statute(s): 50-37-104, MCA
Implementing statute(s): 50-37-104, MCA
History: NEW, 1985 MAR p. 916, Eff. 7/12/85; AMD, 1988 MAR p. 171, Eff. 1/29/88; TRANS, from 8.70.1401, 1995 MAR p. 1934, Eff. 9/29/95; TRANS, from Commerce, 2005 MAR p. 261; AMD, 2021 MAR p. 565, Eff. 5/15/21.

Mont. Admin. R. 24.144.702 Contents of Fireworks Wholesale Permit

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-37-104, MCA
Implementing statute(s): 50-37-104, MCA
History: NEW, 1985 MAR p. 916, Eff. 7/12/85; TRANS, from 8.70.1402, 1995 MAR p. 1934, Eff. 9/29/95; TRANS, from Commerce, 2005 MAR p. 261; REP, 2021 MAR p. 565, Eff. 5/15/21.

Subchapter 24.144.21 Continuing Education

Mont. Admin. R. 24.144.2101 Continuing Education

(1) Continuing education (CE) is education required in addition to the educational requirements for endorsement.

(2) The department will not pre-approve CE programs or sponsors. It is the responsibility of the endorsee to select quality programs that are related to the practice of installing or servicing fire protection equipment.

(3) Endorsees shall obtain a minimum of four hours (60 minutes per hour) annually and affirm an understanding of their recurring duty to comply with CE requirements as a part of license renewal. The CE requirement does not apply until an endorsee's first full year of endorsement.

(4) The department may randomly audit up to 50 percent of renewed endorsees.

(5) Endorsees shall retain documentation of CE completion for three years from the date of completion and provide such documentation to the department upon request.

(6) Continuing education hours or credits may not be carried over to any subsequent reporting period.

(7) Endorsees found to be in noncompliance with CE requirements may be subject to administrative suspension.

(8) The department accepts the following CE programs for CE credit:

(a) workshops, seminars and educational conferences sponsored by fire protection equipment manufacturers or trade associations;

(b) courses in specialized programs;

(d) electronic or online instruction or course work;

(e) any CE which has been obtained in another state that meets the requirements of Montana;

(f) college or vocational school course work which is germane to the profession and contributes directly to the professional competence of the endorsed individual, subject to the following limitations:

(i) the endorsed individual must pass the course;

(ii) one semester credit shall equal 15 hours of CE; and

(iii) one quarter credit shall equal 10 hours of CE.

(g) teaching courses that are germane to the profession. Credit units may be applied in this category based on a report by the endorsed individual. For a one-hour presentation, the presenter will be awarded two hours of CE. The following limitations shall apply to credit under this section:

(i) documentation must be submitted showing the endorsee as the instructor of the course;

(ii) the course must be addressed to endorsed individuals in order to qualify for credit;

(iii) a course outline must be provided to the department; and

(iv) instruction of any course may be submitted for CE only once.

History

Authorizing statute(s): 50-39-107, MCA
Implementing statute(s): 37-1-141, 37-1-321, 37-1-420, 50-39-102, MCA
History: NEW, 1993 MAR p. 2953, Eff. 12/10/93; TRANS, AMD, 1996 MAR p. 748, Eff. 3/22/96; AMD, 1998 MAR p. 458, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 261; AMD, 2021 MAR p. 565, Eff. 5/15/21.

Mont. Admin. R. 24.144.2102 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-141, 50-39-107, MCA
Implementing statute(s): 37-1-141, 50-39-102, MCA
History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1993 MAR p. 2953, Eff. 12/10/93; TRANS, AMD, 1996 MAR p. 748, Eff. 3/22/96; TRANS, from Commerce, 2005 MAR p. 261; AMD, 2006 MAR p. 224, Eff. 1/27/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2021 MAR p. 565, Eff. 5/15/21.

Chapter 24.147 Board of Funeral Service

Subchapter 24.147.1 Organizational Rule

Mont. Admin. R. 24.147.101 Board Organization

(1) The Board of Funeral Service adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.147.2 Procedural Rules

Mont. Admin. R. 24.147.201 Procedural Rules

(1) The Board of Funeral Service adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.147.202 Public Participation

(1) The Board of Funeral Service adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, Eff. 4/4/77; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.147.3 Definitions

Mont. Admin. R. 24.147.301 Continuing Education Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-19-202, MCA
Implementing statute(s): 37-1-306, MCA
History: NEW, 1983 MAR p. 273, Eff. 4/1/83; AMD, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; REP, 2013 MAR p. 1191, Eff. 7/12/13.

Mont. Admin. R. 24.147.302 Definitions

As used in this chapter, the following definitions apply:

(1) "Authorization for Removal, Transportation and Final Disposition of a Dead Body (ART) form" means the form developed by the Department of Public Health and Human Services per 50-15-405, MCA, which provides:

(a) authorization for removal from place of death per 50-15-405, MCA; and

(b) authorization from the coroner to cremate per 46-4-122 and 50-15-405, MCA.

(2) "Change in ownership" means when more than 50 percent of the equitable ownership of a mortuary, branch establishment, crematory, or cemetery is transferred to one or more persons or any other legal entity, in a single transaction or in a related series of transactions.

(3) "Cremation authorization form" means an agreement executed between an authorizing agent and a crematory, mortuary, or branch establishment pertaining to receipt of the human remains. A cremation authorization form is not any of the following:

(a) a contract for payment of cremation services;

(b) a coroner's authorization to cremate under 46-4-122, MCA; or

(c) a prepaid funeral arrangement under 37-19-903, MCA, which can only be made by a licensed mortician at a licensed mortuary.

(4) "Crematory operator-in-charge" means the Montana licensed crematory operator, as described in 37-19-101 and 37-19-702, MCA, who accepts responsibility for the operation of a crematory in conformance with all laws and rules pertinent to operation of the crematory. The crematory operator-in-charge:

(a) is personally in full and actual charge of the crematory; and

(b) assures the crematory and all crematory personnel working in the crematory have current and appropriate licensure.

(5) "Hazardous implant" means any foreign object or substance that has been surgically or otherwise placed in the human body that may present a threat of injury to the public or the crematory operator, or to the crematory retort or related equipment, during the cremation process. Hazardous implants may only be removed by:

(a) appropriate medical personnel at a medical facility; or

(b) a mortician or intern at a mortuary or branch establishment with a preparation room. The mortuary or branch establishment must keep a record of the removal and disposition of the implant. Mortuaries and branch establishments must dispose of hazardous implants in accordance with federal, state, and local laws and regulations.

(6) "Intended funeral recipient" means the person named in a prepaid funeral agreement for whose bodily disposition and/or related funeral services and goods and prepaid funeral agreement is intended to provide. The intended funeral recipient may or may not be the purchaser. This term includes the agent, guardian, or other person legally acting on behalf of the person considered the "intended funeral recipient."

(7) "Mortician-in-charge" means a Montana-licensed mortician who accepts responsibility for the operation of a mortuary or branch establishment in conformance with all laws and rules pertinent to the practice of mortuary science. The mortician-in-charge:

(a) is personally in full and actual charge of the mortuary or branch establishment;

(b) assures the mortuary or branch establishment and all mortuary personnel working in the mortuary or branch establishment have current and appropriate licensure;

(d) is responsible for ensuring in-person supervision by a mortician for students working in the mortuary or branch establishment who are engaged in a clinical practicum as described in 37-19-308, MCA.

(8) "Nonlicensed personnel" means any person employed by a licensed mortuary or mortuary branch establishment who is not licensed as a mortician or intern.

(9) "Permit" as referenced in 37-19-814, MCA, is synonymous with "license" in the context of cemetery permits issued by the board under these rules.

(10) "Prepaid funeral agreement" as further clarified in these rules means a written agreement for preneed funeral arrangements which is made between a purchaser and provider prior to the death of the intended funeral recipient.

(11) "Prepaid funeral goods" means funeral goods purchased in advance of need and which will not be delivered until the death of the intended funeral recipient named in a prepaid funeral agreement. Prepaid funeral goods do not mean interment spaces offered or sold by a cemetery company.

(12) "Prepaid funeral services" means funeral services which are purchased in advance of need and which will not be provided or delivered until the death of the intended funeral recipient named in a prepaid funeral agreement. Prepaid funeral services does not mean the sale of services incidental to the provision of interment spaces offered or sold by a cemetery company.

(13) "Price agreement" means a prepaid funeral agreement funded with a funeral trust or funeral insurance policy. The two types of price agreements are as follows:

(a) "guaranteed price agreement" means that the provider will provide the selected funeral goods and services in exchange for the proceeds of a funeral trust or funeral insurance policy. The agreement binds the provider to provide the selected funeral goods and services regardless of whether or not the current retail value of those services and funeral goods exceeds the funds available from the funeral trust or funeral insurance policy at the time of death of the intended funeral recipient; and

(b) "nonguaranteed price agreement" means the provider will apply the proceeds of the funeral trust or funeral insurance policy to the current retail value of the selected funeral goods and services at the time of death of the intended funeral recipient. The agreement does not bind the provider to provide the services and funeral goods if the current value of those funeral goods and services exceeds the funds available at the time of death of the intended funeral recipient.

(14) "Provider" means a licensed mortician or the licensed mortuary where the licensed mortician is employed that is providing or offering to provide at-need, preneed, or prepaid funeral arrangements, and/or funeral goods or services.

(15) "Purchaser" means the person named in a prepaid funeral agreement who purchases the prepaid funeral goods and services to be provided per the agreement. The purchaser may or may not be the intended funeral recipient. If the purchaser is different than the intended funeral recipient, it is understood the relationship of the purchaser to the intended funeral recipient includes a means to provide administrative control over the agreement on behalf of the intended funeral recipient.

(16) "Supervision of nonlicensed personnel" means:

(a) regular and direct oversight and guidance of duties directed by the mortician-in-charge; and

(b) the mortician-in-charge's acceptance of responsibility for the work.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-308, MCA
Implementing statute(s): 37-1-131, 37-19-101, 37-19-308, 37-19-702, 37-19-703, 37-19-705, 37-19-706, 37-19-707, 37-19-708, 37-19-814, 37-19-827, 37-19-828, 37-19-829, MCA
History: NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2018 MAR p. 440, Eff. 2/24/18; AMD, 2020 MAR p. 670, Eff. 4/18/20.

Subchapter 24.147.4 General Provisions

Mont. Admin. R. 24.147.401 Fee Schedule

(1) Facility application fees

(a) Mortuary $544

(b) Mortuary branch facility 544

(d) Cemetery 1813

(2) Facility inspection or reinspection fees

(a) Mortuary 290

(b) Mortuary branch facility 290

(d) Cemetery 290

(3) Individual application fees

(a) Mortician 544

(b) Crematory operator 435

(d) Mortician intern 479

(4) Activation of inactive license

(a) Mortician 145

(b) Crematory operator 73

(5) Facility renewal fees (includes annual inspection)

(a) Mortuary 653

(b) Mortuary branch facility 109

(d) Cemetery (five-year renewal) 2175

(6) Individual renewal fees

(a) Mortician - active 435

(b) Mortician - inactive 218

(d) Crematory operator - inactive 109

(e) Crematory technician - active 218

(f) Crematory technician - inactive 109

(7) Jurisprudence reexamination fee 100

(8) All fees are nonrefundable.

(9) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-19-202, 37-19-303, 37-19-304, 37-19-403, 37-19-702, 37-19-703, 37-19-808, 37-19-814, 37-19-815, 37-19-816, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-19-303, 37-19-304, 37-19-402, 37-19-403, 37-19-702, 37-19-703, 37-19-808, 37-19-814, 37-19-815, 37-19-816, MCA
History: Eff. 12/31/72; AMD, 1979 MAR p. 328, Eff. 3/30/79; AMD, 1981 MAR p. 315, Eff. 3/27/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 2137, Eff. 12/17/82; AMD, 1984 MAR p. 815, Eff. 5/18/84; AMD, 1987 MAR p. 477, Eff. 5/1/87; AMD, 1987 MAR p. 2088, Eff. 11/13/87; AMD, 1989 MAR p. 2193, Eff. 12/22/89; AMD, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 1998 MAR p. 2959, Eff. 11/6/98; RESCIND, (CI-75), 1999 MAR p. 66, Eff. 1/15/99; AMD, 1999 MAR p. 1201, Eff. 6/4/99; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2012 MAR p. 890, Eff. 4/27/12; AMD, 2020 MAR p. 670, Eff. 4/18/20.

Mont. Admin. R. 24.147.403 Inspections – Mortuaries, Branch Establishments, and Crematories

(1) A board-designated inspector will conduct annual on-site inspections of all existing licensed mortuaries, branch establishments, and crematories for compliance with board regulations.

(a) Inspections may be conducted with or without advance notice to the licensee.

(b) Results of the inspection will be provided to the licensee.

(c) If there are any items of noncompliance, the mortician-in-charge or crematory operator-in-charge must submit a written response to the board which addresses those items of noncompliance. The response must be received by the board within ten days of the licensee receiving notification of noncompliance.

(d) A report of significant noncompliance will be reviewed by the board screening panel per the department's standard compliance process.

(2) The following inspection process applies to applicants for licensure as a mortuary or branch establishment per ARM 24.147.904 or a crematory per ARM 24.147.1101, and applicants for transfer of an existing mortuary, branch establishment, or crematory license per ARM 24.147.407.

(a) Applicants must pass an initial inspection of the facility by a board-designated inspector prior to a license being issued.

(b) Results of the inspection will be provided to the licensee.

(c) If there are any items of noncompliance, the mortician-in-charge or crematory operator-in-charge must submit a written response to the board which addresses those items of noncompliance. The response must be received by the department within ten days of receiving notification of noncompliance.

(d) If issues of noncompliance are not corrected within ten days, a report of noncompliance will be reviewed by the board at the next regularly scheduled board meeting following the initial inspection. For good cause the board may order a re-inspection, the costs of which will be paid by the applicant.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-403, MCA
Implementing statute(s): 37-1-131, 37-19-402, 37-19-403, 37-19-703, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 1610, Eff. 11/1/85; AMD, 1992 MAR p. 136, Eff. 1/31/92; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2013 MAR p. 1191, Eff. 7/12/13; AMD, 2016 MAR p. 314, Eff. 2/20/16; AMD, 2018 MAR p. 440, Eff. 2/24/18.

Mont. Admin. R. 24.147.404 Fee Abatement

(1) The Board of Funeral Service adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2006 MAR p. 1169, Eff. 5/5/06.

Mont. Admin. R. 24.147.406 Federal Trade Commission Regulations

(1) For the purpose of defining unprofessional conduct, the board adopts and incorporates by reference the Federal Trade Commission (FTC) Funeral Industry Practice Rules, 16 CFR 453 (1997), known as "the funeral rule," which, in general, requires those who meet the FTC definition of "funeral provider" to furnish price information and make other affirmative disclosures to consumers. The FTC rules are available from the FTC web site at www.ftc.gov or at the board office at 301 South Park Avenue, P.O. Box 200513, Helena, MT 59620-0513.

(2) The "funeral rule" applies to any licensed person or licensed entity providing both "funeral goods" and "funeral services," as those terms are defined by the federal regulations and apply to both pre-need and at-need funeral arrangements.

(3) Licensees shall immediately report to the board any citations the licensee receives from the FTC.

(4) Price lists and completed Statements of Funeral Goods and Services Selected shall be maintained and available for inspection for three years from the date of the arrangement conference, rather than one year as contemplated by the FTC.

History

Authorizing statute(s): 37-1-136, 37-19-202, 37-19-403, MCA
Implementing statute(s): 37-1-136, 37-19-403, MCA
History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2013 MAR p. 1191, Eff. 7/12/13.

Mont. Admin. R. 24.147.407 Name Change, Closure, Transfer, or Change of Ownership – Mortuary, Branch Establishment, Crematory, or Cemetery

(1) Using forms provided by the department, mortuaries, branch establishments, crematories, and cemeteries must notify the board within ten days of any of the following occurring:

(a) change of business name;

(b) closure;

(d) change of ownership as defined in these rules.

(2) When there is a change in ownership the license issued to the previous owner is void. The new owner must:

(a) apply for a license per the applicable requirements in this chapter;

(b) within 30 days of the change of ownership, publish notice of the change of ownership in a newspaper of general circulation in the county in which the facility is located; and

(3) The notice in (2)(b) must be published for no less than one week. The notice must contain the following under the title "Notice of Change of Ownership":

(a) the name and physical address of the facility, particularly noting if the name and physical address have changed;

(b) the name of each new owner and whether the facility is owned by a sole proprietor, partnership, or corporation. If the new owner is a corporation, the notice must contain:

(i) name of the corporation;

(ii) name of the registered agent of the corporation; and

(iii) registered agent's address if it is different than the physical address; and

History

Authorizing statute(s): 37-19-202, 37-19-403, 37-19-703, 37-19-816, MCA
Implementing statute(s): 37-19-402, 37-19-403, 37-19-703, 37-19-816, MCA
History: NEW, 1987 MAR p. 2088, Eff. 11/13/87; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2013 MAR p. 1191, Eff. 7/12/13; AMD & TRANS, from ARM 24.147.903, 2018 MAR p. 440, Eff. 2/24/18; AMD, 2020 MAR p. 670, Eff. 4/18/20.

Mont. Admin. R. 24.147.408 Transportation and Custody of Human Remains

(1) Authorization to remove and transport a body from place of death must be made by a physician, physician designee, advanced practice registered nurse, coroner, or mortician per 50-15-405, MCA.

(2) Once removal is authorized, only a coroner, mortician, or nonlicensed personnel under the supervision of the mortician-in-charge may transport the body.

(3) The body must be transported:

(a) to a mortuary;

(b) to a coroner's morgue; or

(c) directly to a crematory or cemetery in cases in which direct cremation or burial is legally permissible and authorized.

(4) These rules do not apply to transportation, custody, preparation, funeral arrangements, or disposition carried out individually by an authorizing agent, subject to such agent's compliance with all applicable state and local laws and regulations, including, but not limited to:

(a) Department of Public Health and Human Services laws and regulations on infectious disease and vital statistics, including the filing of death certificates; and

(b) Department of Labor and Industry laws and regulations regarding proper identification of the remains, health and safety requirements, and the execution of appropriate disclosures and authorizations.

(5) An authorizing agent, as defined in 37-19-101, MCA, can only delegate the activities set forth in (4) to a mortician employed by a mortuary.

History

Authorizing statute(s): 37-19-202, 37-19-703, MCA
Implementing statute(s): 37-19-101, 37-19-703, 37-19-704, MCA
History: NEW, 2014 MAR p. 2017, Eff. 9/5/14; AMD, 2018 MAR p. 440, Eff. 2/24/18.

Mont. Admin. R. 24.147.409 Change of Mortician-in-Charge or Crematory Operator-in-Charge

(1) When there is a change of mortician-in-charge at a mortuary or branch establishment or a crematory operator-in-charge at a crematory, the following must occur:

(a) the mortician or crematory operator who has ceased to be the person-in-charge will be held responsible for notifying the board of termination of services; and

(b) the mortuary or branch establishment or crematory must designate a new person-in-charge and notify the board within ten days.

(2) The notifications described in (1) must be done using forms provided by the department.

History

Authorizing statute(s): 37-1-131, 37-19-202, MCA
Implementing statute(s): 37-1-131, 37-19-402, 37-19-702, MCA
History: NEW, 2018 MAR p. 440, Eff. 2/24/18.

Mont. Admin. R. 24.147.410 Nonlicensed Personnel

(1) Nonlicensed personnel must be supervised by the mortician-in-charge of the mortuary or branch establishment.

(2) The mortician-in-charge assumes full legal and ethical responsibility for tasks performed by nonlicensed personnel.

(3) The mortician-in-charge is responsible for determining the competency of nonlicensed personnel to perform tasks under direction and supervision.

(4) No mortician can delegate any responsibilities statutorily reserved for a mortician to nonlicensed personnel.

History

Authorizing statute(s): 37-1-131, 37-19-202, MCA
Implementing statute(s): 37-1-131, 37-19-402, MCA
History: NEW, 2018 MAR p. 440, Eff. 2/24/18.

Mont. Admin. R. 24.147.411 Contract for Funeral Goods and Services

(1) The current address, telephone number and name of the board of funeral service shall appear prominently on any contract for funeral goods and services offered by a private cemetery, crematory or mortuary. At a minimum, the information shall be in 10-point boldface type and make the following statement: "FOR MORE INFORMATION ON STATE CEMETERY, CREMATION AND MORTUARY REGULATIONS CONTACT: BOARD OF FUNERAL SERVICE, 301 SOUTH PARK, P.O. BOX 200513, HELENA, MT 59620-0513; TELEPHONE NUMBER (406) 841-2393."

(2) Every contract of a cemetery authority, including contracts executed in behalf thereof by a cemetery broker or salesman, which provides for the sale by the cemetery authority of an interment plot or any service or merchandise, shall be in writing and shall contain all of the agreements of the parties. Such a contract shall include and disclose the following:

(a) the total contract price;

(b) terms of payment, including any promissory notes or other evidences of indebtedness; and

(i) charges for an interment plot;

(ii) charges for performing burial, entombment or inurnment;

(iii) charges for a monument or marker;

(iv) charges for any services to be rendered in connection with any religious or other observance at the site of interment or in any facility maintained by the cemetery;

(v) amounts to be deposited in the perpetual care and maintenance or special care fund; and

(vi) any other charges, which shall be particularized.

(3) In addition to any right of rescission which the purchaser may have under law, a purchaser entering into a contract with a cemetery manager, salesman or authority for the provision of an interment plot or any service or merchandise, may cancel such contract without payment of a revocation fee or other penalty, within five calendar days after the purchaser signs it, by giving written notice of cancellation to the seller at the address specified in the contract. The notice need not be in any particular form, but shall indicate the purchaser's intent not to be bound by the contract. Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid.

(4) Every such cemetery contract shall contain in immediate proximity to the space reserved for the purchaser's signature, in a size equal to at least 10-point boldface type, the following statement: "YOU, THE PURCHASER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE FIFTH CALENDAR DAY AFTER THE DATE OF THIS TRANSACTION, PROVIDED NO INTERMENT, SUBSTANTIAL SERVICE OR FUNERAL GOODS HAVE BEEN PROVIDED HEREUNDER. TO CANCEL, DELIVER OR MAIL WRITTEN NOTICE OF YOUR INTENT TO (NAME AND ADDRESS OF CEMETERY AUTHORITY OR CEMETERY MANAGER) ."

(5) Upon receipt of a valid notice of cancellation pursuant to this rule, the cemetery authority or manager having custody of any money or property paid or transmitted by the purchaser on account of the preneed contract, shall return such money or property to the purchaser. The cemetery authority or manager shall promptly notify the trustee if any such money or property has been transmitted thereto prior to receipt of the notice of cancellation. It shall be unlawful for any person to retain money or property received from a purchaser under such contract more than five business days after receiving or being apprized of a valid notice of cancellation.

(6) Notwithstanding other provisions of this rule, the right of cancellation granted hereby shall not be applicable if an interment has been made, or substantial services or merchandise provided, under the terms of the contract.

History

Authorizing statute(s): 37-19-807, MCA
Implementing statute(s): 37-19-807, 37-19-822, 37-19-823, MCA
History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.

Mont. Admin. R. 24.147.412 Records

(1) The person in charge of any premises on which interments or cremations are made shall keep a record of all remains interred or cremated and of the interment of remains on the premises under the person's charge, in each case stating the name of each deceased person, place of death, date of interment, name and address of the mortician and location of grave, niche or crypt.

(2) A record shall be kept of the ownership of all plots in the cemetery which have been conveyed by the cemetery authority and of all transfers of plots in the cemetery. Transfer of any plot, heretofore or hereafter made, or any right of interment, shall be complete and effective when recorded on the books of the cemetery authority.

History

Authorizing statute(s): 37-19-807, MCA
Implementing statute(s): 37-19-807, 37-19-823, MCA
History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790.

Mont. Admin. R. 24.147.414 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.147.415 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.147.417 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Funeral Service publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-267, Eff. 11/8/25.

Subchapter 24.147.5 Morticians and Interns

Mont. Admin. R. 24.147.501 Out-of-State Mortician Licenses

(1) Applicants for licensure as morticians who are currently licensed in another state or jurisdiction must submit a completed application on forms provided by the department. Completed applications include appropriate fees and required documentation.

(2) Applicants must:

(a) hold a current, active license in good standing in another state or jurisdiction to practice under a funeral service scope of practice recognized in Montana. At the time of application, the standards of that state or jurisdiction must be substantially equivalent to Montana standards;

(b) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction;

(c) have been actively engaged in practice during the period of licensure for five of the last seven years, or have passed the national examination within the timeframe described in ARM 24.147.509; and

(d) pass the state jurisprudence examination as described in ARM 24.147.509.

(3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.

History

Authorizing statute(s): 37-1-131, 37-19-202, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-19-302, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2013 MAR p. 1191, Eff. 7/12/13; AMD, 2016 MAR p. 314, Eff. 2/20/16; AMD, 2018 MAR p. 440, Eff. 2/24/18.

Mont. Admin. R. 24.147.502 Inactive Status and Conversion to Active Status

(1) A person holding an individual license may request inactive status on the renewal form or by informing the board office in writing and paying the appropriate fee. The inactive licensee must keep the board informed of any change of address during the period of time the license remains on inactive status. Inactive licensees must pay the inactive renewal fee annually to avoid expiration or termination of the license.

(2) A licensee may not practice as a mortician, funeral director, crematory operator, or crematory technician in Montana while the license is in an inactive status.

(3) Upon written request and payment of the appropriate fee, the board staff may approve a request to convert an inactive license to an active status if the applicant:

(a) presents satisfactory evidence that the applicant has attended six hours of approved continuing education which comply with the continuing education rules of the board for each year or portion of a year that licensee has been inactive, not to exceed 12 hours;

(b) submits certification from the licensing body of all jurisdictions where the applicant is licensed or has practiced that the applicant is in good standing and has not had any disciplinary actions taken against the applicant's license, or if the applicant is not in good standing by that jurisdiction, an explanation of the nature of the violation(s) resulting in that status, including the extent of the disciplinary treatment imposed; and

(c) successfully completes a Montana jurisprudence examination if the applicant has been on inactive status for more than five years.

(4) The board may issue a notice of proposed board action to grant a probationary license to a practitioner who has been inactive for more than five years, and require up to one year of supervised practice by a licensed mortician, including the embalming and preparation of at least five bodies.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-19-202, MCA
Implementing statute(s): 37-1-319, MCA
History: NEW, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2013 MAR p. 1191, Eff. 7/12/13.

Mont. Admin. R. 24.147.503 Conditional Permission to Practice While on Inactive Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-19-202, MCA
Implementing statute(s): 37-19-316, MCA
History: NEW, 1985 MAR p. 1610, Eff. 11/1/85; TRANS, from Commerce, 2002 MAR p. 790; REP, 2013 MAR p. 1191, Eff. 7/12/13.

Mont. Admin. R. 24.147.504 Mortician Internship

(1) To apply for a mortician intern license, an applicant must submit:

(a) a completed application and fee;

(b) documentary evidence satisfactory to the department that the applicant is either enrolled in or has graduated from an approved mortuary science educational program; and

(2) To qualify for a mortician license, all mortician interns must prove, using a format approved by the department, that they have:

(a) completed at least 2,000 hours of supervised work at a licensed mortuary;

(b) made funeral arrangements or funeral directing for at least 25 cases; and

(3) A "one-year internship" as used in 37-19-302, MCA, means the requirements in (2)(a) through (c) completed in no less than 12 months and no more than 36 months. Intern licenses have an expiration date of three years after the date issued.

(4) All interns and supervisors must maintain a current log of the requirements in (2) in a format approved by the department and produce the log if requested by the department.

(5) A mortuary must provide a copy of the log to any intern who leaves employment with the mortuary.

(6) The mortuary employing the intern, the supervising mortician, and the intern shall maintain a copy of the log for three years after the intern receives a mortician license or a total of seven years, whichever occurs first.

(7) All interns must notify the department within ten days:

(a) if they withdraw enrollment in mortuary school or enroll in a different mortuary school; and

(b) any change in the intern's supervisor or employment.

(8) All supervising morticians must:

(a) be currently licensed in Montana in good standing and have been licensed in any jurisdiction for a minimum of three years;

(b) supervise no more than three mortician interns;

(c) assume responsibility for the acts and omissions of the intern and be subject to license discipline for failing to supervise the intern, even while the intern is independently subject to license discipline; and

(d) notify the department within ten days of the change of supervising mortician, mortuary school enrollment, or employment of the intern by the mortuary.

(9) "Supervision" has the meaning in 37-19-101, MCA, and includes the supervising mortician's onsite direction, observation, and evaluation of the intern on a regular basis and, in limited absences of the supervisor, by a licensed mortician delegated to supervise.

History

Authorizing statute(s): 37-1-131, 37-19-202, MCA
Implementing statute(s): 37-1-131, 37-19-101, 37-19-302, 37-19-304, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 1610, Eff. 11/1/85; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2013 MAR p. 1191, Eff. 7/12/13; AMD, 2024 MAR p. 2012, Eff. 8/10/24.

Mont. Admin. R. 24.147.505 Renewals

(1) The department will renew licenses as specified in 37-1-141, MCA, ARM 24.101.408, 24.101.413, and 24.101.414.

(2) The renewal date for cemeteries is a five-year period set by 37-19-814, MCA. A "five-year period" means every five years beginning on July 1, 2000. The department will not prorate the application or license fee of newly issued licenses obtained prior to the expiration of a five-year period.

History

Authorizing statute(s): 37-19-202, MCA
Implementing statute(s): 37-1-141, 37-19-301, 37-19-814, MCA
History: NEW, 2002 MAR p. 793, Eff. 1/18/02; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2013 MAR p. 1191, Eff. 7/12/13.

Mont. Admin. R. 24.147.506 Renewal of Cemetery License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-19-814, MCA
Implementing statute(s): 37-19-814, MCA
History: NEW, 2006 MAR p. 1169, Eff. 5/5/06; REP, 2013 MAR p. 1191, Eff. 7/12/13.

Mont. Admin. R. 24.147.507 Mortician Licenses

(1) To apply for a mortician license, an applicant must submit:

(a) a completed application and fee;

(b) evidence of completion of the mortician internship or equivalent if completed in another jurisdiction; and

(i) received an associate degree in funeral service or mortuary science from a program accredited by the American Board of Funeral Service Education (ABFSE) or its successor;

(ii) passed the National Board Examination of the International Conference of Funeral Service Examining Boards; and

(iii) passed the Montana jurisprudence exam with a score of 75% or higher.

(2) Foreign-trained applicants who do not have an ABFSE accredited degree must have their transcripts evaluated by a board-approved agency for substantial equivalency with Montana mortician requirements.

(3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.

History

Authorizing statute(s): 37-1-131, 37-19-202, MCA
Implementing statute(s): 37-1-131, 37-19-302, 37-19-303, MCA
History: Eff. 12/31/72; AMD, 1979 MAR p. 328, Eff. 3/30/79; AMD, 1981 MAR p. 1058, Eff. 9/18/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 815, Eff. 5/18/84; AMD, 1985 MAR p. 1610, Eff. 11/1/85; AMD, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2013 MAR p. 1191, Eff. 7/12/13; AMD, 2016 MAR p. 314, Eff. 2/20/16; AMD & TRANS, from ARM 24.147.402, 2018 MAR p. 440, Eff. 2/24/18; AMD, 2020 MAR p. 670, Eff. 4/18/20; AMD, 2024 MAR p. 2012, Eff. 8/10/24.

Mont. Admin. R. 24.147.508 Military Training or Experience

(1) Pursuant to 37-1-145, MCA, the board shall accept relevant military training, service, or education toward the requirements for licensure as morticians, mortician interns, crematory operators, and crematory technicians.

(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;

(d) military reserves.

(3) An applicant must submit satisfactory evidence of receiving military training, service, or education that is equivalent to relevant licensure requirements as morticians, mortician interns, crematory operators, and crematory technicians. Satisfactory evidence includes:

(a) a copy of the applicant's military discharge document (DD 214 or other discharge documentation);

(4) The board shall consider all documentation received to determine whether an applicant's military training, service, or education is equivalent to relevant licensure requirements.

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 2017, Eff. 9/5/14.

Mont. Admin. R. 24.147.509 Examinations (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-19-202, MCA
Implementing statute(s): 37-1-131, 37-19-302, 37-19-303, 37-19-304, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 2137, Eff. 12/17/82; AMD, 1985 MAR p. 1610, Eff. 11/1/85; AMD, 1989 MAR p. 2193, Eff. 12/22/89; AMD, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2002 MAR p. 84, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2013 MAR p. 1191, Eff. 7/12/13; AMD & TRANS, from ARM 24.147.405, 2018 MAR p. 440, Eff. 2/24/18; REP, 2024 MAR p. 2012, Eff. 8/10/24.

Subchapter 24.147.9 Mortuaries and Branch Establishments

Mont. Admin. R. 24.147.901 Mortuary and Branch Establishment Operation Standards

(1) A mortuary or branch establishment cannot operate unless:

(a) a license or temporary permit has been issued to the current owner; and

(b) there is a designated mortician-in-charge as per these rules. The board must be notified of any change of mortician-in-charge per the requirements of ARM 24.147.409.

(2) To qualify for licensure as a mortuary or branch establishment, applicants must meet the minimum licensing requirements described in these statutes and rules. Minimum licensing requirements include the operation standards in (3) through (8) of this rule and ARM 24.147.904.

(3) Mortuary and branch establishment preparation rooms must be maintained in a clean and sanitary condition at all times and meet the following minimum requirements:

(a) tile, concrete, or other nonporous, washable material covering the walls and floor, from wall-to-wall, in a manner to allow cleaning and disinfection of these surfaces;

(b) no articles other than those necessary for the preparation of dead human bodies;

(d) restricted access to persons authorized by a licensed mortician or intern and a clearly labeled entrance as "private," "authorized persons only," or "no admittance";

(e) proper ventilation in accordance with Occupational Safety and Health Administration's (OSHA) Formaldehyde Standard 29 CFR 1910.1048;

(f) tables, hoppers, sinks, receptacles, instruments, or other appliances thoroughly cleansed and disinfected immediately at the conclusion of each preparation;

(g) infectious wastes properly labeled and disposed of in accordance with Title 75, chapter 10, part 10, MCA;

(h) preparation room effluents discharged via a sewage connection to publicly owned treatment works (POTW), or, if not connected to a POTW, a groundwater discharge permit, or evidence from an applicable county regulator or state Department of Environmental Quality that a groundwater discharge permit is not required; and

(i) hand washing facilities and signs requiring all personnel to wash hands during and after handling any nondisinfected object or material.

(4) A branch establishment with no preparation room may not prepare dead human bodies. The only authorized activities that may occur in a branch establishment without a preparation room include:

(a) making at-need and preneed funeral arrangements;

(b) viewing; and

(5) Preparation of human remains for final disposition must be performed in a preparation room of a licensed mortuary or branch establishment. The only exception is that washing, dressing, and casketing may be provided by a person with the right of disposition under 37-19-904, MCA.

(6) Funeral arrangements, including preneed and at-need, can only be made in a licensed mortuary or branch establishment unless the consumer making the initial contact requests otherwise.

(7) Mortuaries and branch establishments must display the facility license and licenses of all licensed staff in a conspicuous place so they can be seen by members of the public. Personal addresses on licenses may be covered.

(8) Mortuaries and branch establishments must obtain and maintain for inspection all applicable local, state, and federal permits or licenses, including, but not limited to, those relating to:

(a) business;

(b) zoning;

(d) air quality; and

(e) water quality.

(9) The handling and disposal of all medical, hazardous, or infectious waste must be in accordance with federal, state, and local laws and regulations, including, but not limited to:

(a) OSHA Bloodborne Pathogen Standard, 29 CFR 1910.1030;

(b) Hazard Communication Standard, 29 CFR 1910.1200;

(d) U.S. Department of Transportation Hazardous Material Regulations, 49 CFR Part 171; and

(e) Hazardous Waste Management and Infectious Waste Management Acts, Title 75, chapter 10, parts 4 and 10, MCA.

History

Authorizing statute(s): 37-19-202, 37-19-403, MCA
Implementing statute(s): 37-19-101, 37-19-401, 37-19-402, 37-19-403, 37-19-904, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1992 MAR p. 136, Eff. 1/31/92; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2013 MAR p. 1191, Eff. 7/12/13; AMD, 2018 MAR p. 440, Eff. 2/24/18.

Mont. Admin. R. 24.147.902 Disclosure Statement on Embalming

(1) As required by the FTC Funeral Rule, all funeral providers shall add the following statement next to the price for embalming on the funeral provider's General Price List (GPL): "Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial."

(2) Except as authorized by a state or local health officer, health regulations set forth at ARM Title 37, chapter 116, part 1, require either refrigeration or embalming after certain periods of time during which the body will be en route during transportation. A funeral provider that has refrigeration must give the consumer the option of either refrigeration or embalming.

History

Authorizing statute(s): 37-19-202, MCA
Implementing statute(s): 37-19-315, MCA
History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2013 MAR p. 1191, Eff. 7/12/13.

Mont. Admin. R. 24.147.904 Mortuary and Branch Establishment Licenses and Temporary Permits

(1) Applicants for licensure as a mortuary or branch establishment must submit a completed application on forms provided by the department. Completed applications include appropriate fees and required documentation.

(2) Applicants for licensure as a mortuary must:

(a) designate a mortician-in-charge;

(b) apply for a temporary permit; and

(c) once a temporary permit has been issued, pass an initial inspection by a board-designated inspector. The inspection is based on the operation standards described in these statutes and rules.

(3) Applicants for licensure of an existing mortuary with a change in ownership must meet the applicable requirements in ARM 24.147.407 in addition to the requirements listed in (1) and (2).

(4) Applicants for transfer of an existing mortuary license per 37-19-402, MCA, must meet the applicable requirements in ARM 24.147.407 in addition to the requirements listed in (1) and (2).

(5) Applicants for licensure of a branch establishment must meet:

(a) the definition of a branch establishment as defined in 37-19-101, MCA; and

(b) the requirements described in (1) and (2).

History

Authorizing statute(s): 37-1-131, 37-19-202, MCA
Implementing statute(s): 37-1-131, 37-19-101, 37-19-402, 37-19-403, MCA
History: NEW, 2013 MAR p. 1191, Eff. 7/12/13; AMD, 2018 MAR p. 440, Eff. 2/24/18.

Subchapter 24.147.11 Crematories, Crematory Operators, and Crematory Technicians

Mont. Admin. R. 24.147.1101 Crematory Licenses, Temporary Permits, and Operation Standards

(1) Crematories may not operate unless they have:

(a) been issued a license or temporary permit; and

(b) designated a crematory operator-in-charge per these rules. The board must be notified of any change of crematory operator-in-charge per the requirements of ARM 24.147.409.

(2) Applicants for licensure as a crematory must submit a completed application on forms provided by the department. Completed applications include appropriate fees and required documentation.

(3) Applicants for licensure as a crematory must:

(a) designate a crematory operator-in-charge;

(b) apply for a temporary permit; and

(c) once a temporary permit has been issued, pass an initial inspection by a board-designated inspector per ARM 24.147.403. The inspection is based on the operation standards described in these statutes and rules.

(4) Applicants for licensure of an existing crematory with a change in ownership must meet the applicable requirements in ARM 24.147.407 in addition to the requirements listed in (2) and (3).

(5) Applicants for relocation of an existing crematory license must meet the applicable requirements in ARM 24.147.407 in addition to the requirements listed in (2) and (3).

(6) Crematories must meet the following minimum operation requirements:

(a) all crematory employees must be licensed per 37-19-702, MCA;

(b) comply with all local, state, and federal laws and rules pertaining to the operation of a crematory;

(d) maintain the crematory and all related cremation equipment after each use in a clean and sanitary condition;

(e) conduct appropriate maintenance and safe operation of equipment used in cremations;

(f) post signs near telephones and in the vicinity of the retort to direct staff to call 911 in a fire or other emergency; and

(g) display the facility license and licenses of all staff in a conspicuous place so they can be seen by members of the public. Personal addresses on licenses may be covered.

(7) Crematories must obtain and maintain all applicable local, state, and federal permits or licenses, including, but not limited to, those relating to:

(a) business;

(b) zoning;

(d) fire codes;

(e) air quality; and

(f) water quality.

(8) Crematories must have procedures to ensure:

(a) proper authorization to cremate exists; and

(b) the identification of:

(i) remains awaiting cremation;

(ii) remains in the cremation chamber;

(iii) cremated remains in the processing station; and

(iv) the urns or containers holding the cremated remains.

(9) Crematories must notify the board of any changes in equipment described in 37-19-703, MCA, within ten days.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-703, MCA
Implementing statute(s): 37-1-131, 37-19-702, 37-19-703, 37-19-704, 37-19-705, MCA
History: NEW, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2005 MAR p. 650, Eff. 4/29/05; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2014 MAR p. 2017, Eff. 9/5/14; AMD, 2018 MAR p. 440, Eff. 2/24/18.

Mont. Admin. R. 24.147.1102 Casket/Containers

(1) All caskets and alternative containers holding human remains presented at a crematory for cremation shall:

(a) be closed to provide a complete covering for the human remains;

(b) be composed of readily combustible materials suitable for cremation;

(d) be sufficiently rigid for handling with ease;

(e) provide protection for the health and safety of crematory personnel; and

(f) have the name of the deceased affixed to it in a permanent, plainly visible manner.

(2) The crematory may, as notified or disclosed on a cremation authorization form, remove noncombustible materials such as handles or rails from caskets or containers prior to cremation and discard them in a nonrecoverable manner.

(3) A crematory that sells urns and combustible containers directly to the public is deemed to be providing "funeral services" and "funeral goods" and must comply with the funeral rule referenced at ARM 24.147.406.

History

Authorizing statute(s): 37-19-202, 37-19-703, MCA
Implementing statute(s): 37-19-705, MCA
History: NEW, 1993 MAR p. 2670, Eff. 11/11/93; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2014 MAR p. 2017, Eff. 9/5/14.

Mont. Admin. R. 24.147.1103 Shipping Cremated Human Remains

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-19-202, 37-19-703, MCA
Implementing statute(s): 37-19-705, MCA
History: NEW, 1993 MAR p. 2670, Eff. 11/11/93; TRANS, from Commerce, 2002 MAR p. 790; REP, 2014 MAR p. 2017, Eff. 9/5/14.

Mont. Admin. R. 24.147.1105 Crematory Records

(1) Crematories must maintain permanent records of all cremations.

(2) Each cremation record must consist of the following:

(a) ART form as defined in ARM 24.147.302;

(b) cremation authorization form as described in ARM 24.147.1107;

(d) a cremation log including, but not limited to the following information:

(i) decedent's name;

(ii) date and time the body was received by the crematory;

(iii) metal tag number;

(iv) date(s) and times of refrigeration, if applicable;

(v) date and starting time of cremation; and

(vi) name(s) and license number(s) of the crematory operator(s) and/or technician(s) who performed the cremation;

(e) copy of the form containing all the information required under 37-19-706(5), MCA; and

(f) if applicable, shipping and tracking information as required by 37-19-705(13), MCA.

(3) Crematories must maintain records of final disposition of unclaimed remains per 37-19-706, MCA, and ARM 24.147.1111.

(4) If the authorizing agent gives the crematory authority to dispose of the cremated remains in the cremation authorization form, the crematory must maintain the identifying metal tag as a permanent record of the facility.

(5) Crematories providing funeral goods as described in ARM 24.147.1102 must comply with board and FTC recordkeeping requirements per ARM 24.147.406.

History

Authorizing statute(s): 37-19-202, 37-19-703, MCA
Implementing statute(s): 37-19-702, 37-19-703, 37-19-706, 37-19-708, 37-19-903, MCA
History: NEW, 2014 MAR p. 2017, Eff. 9/5/14; AMD, 2020 MAR p. 670, Eff. 4/18/20.

Mont. Admin. R. 24.147.1107 Cremation Authorizations

(1) A cremation authorization form as defined in ARM 24.147.302 must include:

(a) full identification of the decedent;

(b) warranty of positive identification of the decedent by the authorizing agent or personal representative of the authorizing agent;

(d) the superiority of the authorizing agent's authority among competing rights to act per 37-19-904, MCA;

(e) disclosure by the authorizing agent of any potentially hazardous implants or other medical devices;

(f) disclosures and authorizations regarding the casket or alternative container as described in ARM 24.147.1102;

(g) disclosures and authorizations regarding multiple cremations per 37-19-705, MCA;

(h) disclosures and authorizations regarding witnessing;

(i) disclosures and descriptions regarding the cremation process;

(j) authorization by the authorizing agent to cremate;

(k) disclosures and selections regarding containers;

(l) disclosures, authorizations, and selections regarding final disposition of cremated remains;

(m) directions regarding disposition of personal property;

(n) disclosures regarding the time and place of cremation and whether the decedent is to be embalmed;

(o) a release from liability per 37-19-707, MCA; and

(p) if applicable, certification by a mortician on behalf of a mortuary that:

(i) the remains presented to the crematory are those of the decedent identified by the authorizing agent;

(ii) the mortician has taken reasonable precautions to ensure the removal of any hazardous implants; and

(iii) the personal property identified in the cremation authorization has been removed from the remains of the decedent and delivered to the authorizing agent.

History

Authorizing statute(s): 37-19-202, 37-19-703, 37-19-708, MCA
Implementing statute(s): 37-19-703, 37-19-704, 37-19-707, 37-19-708, 37-19-903, MCA
History: NEW, 2014 MAR p. 2017, Eff. 9/5/14; AMD, 2020 MAR p. 670, Eff. 4/18/20.

Mont. Admin. R. 24.147.1110 Integrity of Identification of Human Remains

(1) To maintain the integrity of the identification of human remains, a crematory must:

(a) follow the requirements in ARM 24.147.1111; and

(b) develop procedures and train crematory operators and crematory technicians on those procedures in order to accurately maintain the identification of the remains throughout the cremation process. At minimum, the following must be addressed in the procedures:

(i) upon receipt of the human remains, the crematory operator or crematory technician must examine the ART form and any preneed cremation authorization. Those forms must be kept with the cremation container at all times;

(ii) prior to cremation, the crematory operator or crematory technician must assign a number to the remains from a sequentially numbered metal tag. The number on the assigned tag must be recorded on all cremation documents and the cremation log described in ARM 24.147.1105;

(iii) the crematory operator or crematory technician must place the metal tag on the outside of the cremation chamber retort during the cremation;

(iv) the crematory operator or crematory technician must place the metal tag on the cremation container or tray during final processing of the remains;

(v) following final processing, the crematory operator or crematory technician must ensure the metal tag is kept with the remains. If the remains do not fit within one temporary container, then the temporary containers must be identified and labeled per ARM 24.147.1111; and

(vi) the crematory operator or crematory technician must affix an identification label to:

(A) the temporary container;

(B) an urn, as defined in 37-19-101(34), MCA; or

History

Authorizing statute(s): 37-19-202, 37-19-703, MCA
Implementing statute(s): 37-19-703, 37-19-704, 37-19-705, 37-19-707, 37-19-708, MCA
History: NEW, 1993 MAR p. 2670, Eff. 11/11/93; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2014 MAR p. 2017, Eff. 9/5/14; AMD, 2020 MAR p. 670, Eff. 4/18/20.

Mont. Admin. R. 24.147.1111 Cremation Procedures

(1) In addition to the requirements and procedures in 37-19-704 through 37-19-706, MCA, and the rules in this subchapter, crematories must comply with this rule.

(2) A crematory must have the following authorizations in its possession before a crematory operator or crematory technician can begin cremation:

(a) ART form as defined in ARM 24.147.302;

(b) cremation authorization form as described in ARM 24.147.1107; or

(i) preneed cremation authorization executed in accordance with 37-19-708, MCA;

(ii) disposition directions from a prepaid funeral contract as described in 37-19-903, MCA; or

(iii) at-need cremation authorization.

(3) Unembalmed human remains held longer than 48 hours after the time of death must be refrigerated per ARM 37.116.103.

(4) Human remains not cremated by a crematory operator or crematory technician immediately upon receipt per 37-19-705, MCA, or ARM 24.147.1111 must be held in a holding facility marked "private" or "authorized personnel only."

(5) When processing cremated remains following cremation, crematory operators and crematory technicians shall:

(a) commingle cremated human remains only if authorized by the authorizing agent in the cremation authorization form;

(b) remove the recoverable residual of the cremation process from the cremation chamber and sweep the cremation chamber clean;

(c) separate, collect, and secure for permanent waste disposal in a container designed to avoid loss or exposure of the contents, any nonhuman residue, such as dental fillings or nonhazardous medical implants, unless such items, if reasonably identifiable, are directed to be returned to the authorizing agent;

(d) process remaining bone fragments to unidentifiable particles and place the particles and all remaining residue from (b) in a container as described in ARM 24.147.1110. If the cremated remains:

(i) do not adequately fill the interior dimensions of the temporary container or urn, the crematory operator or crematory technician may fill the extra space with packing material that will not become intermingled with the cremated remains; and/or

(ii) do not fit within one temporary container or urn, the crematory operator or crematory technician must use an additional temporary container or urn per 37-19-705, MCA. The temporary container(s) and/or urn(s) must further be labeled "1 of 2" and "2 of 2."

(6) Cremated remains being shipped shall be shipped per 37-19-705(10) through (13), MCA. Additionally:

(a) the shipping container must be labelled "CREMATED REMAINS"; and

(b) if there are multiple temporary containers and/or urns containing the same decedent's remains, the crematory operator or crematory technician must place temporary containers and/or urns within the same shipping container.

(7) Crematories which dispose of unclaimed remains per 37-19-706(2), MCA, must maintain a record of the disposition and may issue an invoice to the authorizing agent to recover the costs of the disposition.

History

Authorizing statute(s): 37-19-202, 37-19-703, MCA
Implementing statute(s): 37-19-703, 37-19-704, 37-19-705, 37-19-706, MCA
History: NEW, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2014 MAR p. 2017, Eff. 9/5/14; AMD, 2020 MAR p. 670, Eff. 4/18/20.

Mont. Admin. R. 24.147.1112 Crematory Prohibitions

(1) Crematories, crematory operators, and crematory technicians shall not:

(a) engage in mortuary science as defined in 37-19-101, MCA;

(b) commingle human remains from more than one person unless authorized per 37-19-705, MCA, and ARM 24.147.1107;

(c) cremate fetuses, limbs, and body parts from private or public health agencies, medical doctors, or colleges and universities, without:

(i) required federal, state, and local permits; and

(ii) cremation authorizations as described in ARM 24.147.301 and 24.147.1107;

(d) use the same cremation chamber for the cremation of human remains and animals;

(e) accept prepayment for cremation services, unless covered in a prepaid funeral agreement executed by a mortician per 37-19-903, MCA;

(f) require that human remains be placed in any particular container other than a basic combustible container, including but not limited to a casket, before cremation;

(g) require that cremated remains be placed in a cremation urn, cremation vault, or receptacle designed to permanently encase the cremated remains;

(h) remove any dental gold, jewelry, medical devices, body parts, or other items of value from human remains prior to the cremation or from the cremated remains after cremation, unless the cremation authorization form described in ARM 24.147.301 and 24.147.1107 specifically authorizes such removal; or

(i) knowingly cremate human remains with a potentially hazardous implant in place.

(2) Only the following persons are permitted in the cremation chamber area of a crematory while any human remains are being placed within the cremation chamber, being cremated, or being removed from the cremation chamber:

(a) persons authorized by the crematory operator-in-charge;

(b) department and board personnel; and

(3) Crematories which dispose of unclaimed remains per 37-19-706, MCA, and ARM 24.147.1111 must dispose of remains in a recoverable manner, such as burial in a grave, crypt, or niche.

History

Authorizing statute(s): 37-19-202, 37-19-703, MCA
Implementing statute(s): 37-19-101, 37-19-703, 37-19-704, 37-19-705, 37-19-706, 37-19-707, 37-19-708, MCA
History: NEW, 1993 MAR p. 2670, Eff. 11/11/93; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2014 MAR p. 2017, Eff. 9/5/14; AMD, 2020 MAR p. 670, Eff. 4/18/20.

Mont. Admin. R. 24.147.1113 Designation as Crematory Operator or Technician

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-19-202, MCA
Implementing statute(s): 37-19-702, MCA
History: NEW, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; REP, 2005 MAR p. 650, Eff. 4/29/05.

Mont. Admin. R. 24.147.1114 Licensure as a Crematory Operator

(1) Applicants for original licensure as a crematory operator shall submit an application provided by the department and the application fee.

(2) The application shall require evidence that:

(a) applicant is at least 18 years of age;

(b) applicant is a high school, or equivalency program graduate, as shown by certified transcripts, degrees, or certificates of completion;

History

Authorizing statute(s): 37-1-131, 37-19-202, MCA
Implementing statute(s): 37-19-702, 37-19-703, MCA
History: NEW, 1995 MAR p. 845, Eff. 5/12/95; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06.

Mont. Admin. R. 24.147.1115 Licensure as a Crematory Technician

(1) Applicants for original licensure as a crematory technician shall submit an application provided by the department and the application fee.

(2) The application shall require:

(a) name of licensed crematory facility where applicant will be employed;

(b) name of supervising licensed crematory operator; and

(c) summary of training to be completed by applicant, including subject areas, method of testing, length of training, and name of person providing training.

History

Authorizing statute(s): 37-1-131, 37-19-202, MCA
Implementing statute(s): 37-19-702, 37-19-703, MCA
History: NEW, 1995 MAR p. 845, Eff. 5/12/95; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06.

Subchapter 24.147.13 Cemeteries

Mont. Admin. R. 24.147.1301 Applications for Cemetery Licenses

(1) Applicants for a license to operate a cemetery must submit a completed application on forms provided by the department, electronically or by paper. Completed applications include appropriate fees and required documentation, including:

(a) a certified copy of:

(i) articles of incorporation, if applicable; and

(ii) perpetual care and maintenance trust agreement executed by the owner, the presiding officer, or other agent;

(b) a statement signed by a majority and verified by the owner, the presiding officer, or other agent, which contains the following information:

(i) names and addresses of the owners, partners, incorporators, directors, officers, cemetery manager, and trustees of the perpetual care and maintenance fund, including the person who will be in charge of sales;

(ii) size, location and topography of, and water available for, the property to be used for cemetery purposes;

(iii) the name(s) and address(es) of the banking institution, savings or building and loan association, or credit union in which the trust(s) is held; and

(iv) the total amount deposited to the perpetual care and maintenance fund, type of investment made or to be made and the proposed rate of contribution for the future. The amount deposited must be broken out by the initial principal investment and the trust interest and dividends earned to date by the previous owner if the cemetery was purchased from a previous licensee;

(c) an independent confirmation from the banking institution, savings or building and loan association, or credit union in which the trust(s) is held with proof of deposit of the initial contribution to the perpetual care and maintenance fund;

(d) an accurate and readable map of the proposed cemetery site (scale not less than one inch to 500 feet) and surrounding area showing number of acres, highways, access roads, etc., and area to be initially developed delineated for the cemetery;

(e) such other matters as the board may require by written notice to the applicant; and

(f) if the cemetery is not a pre-existing cemetery, a certified copy of the:

(i) application to the city or county planning commission for a cemetery use permit or rezoning for cemetery purposes, or both, if applicable; and

(ii) land use or zoning permit, if applicable.

(2) An application for a new cemetery license must be submitted whenever ownership of a cemetery company changes as described in ARM 24.147.1313.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-1-131, 37-19-807, 37-19-814, MCA
History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1302 Managers

(1) Each cemetery for which a new license is required shall be operated under the supervision of a cemetery manager. The applicant for a new cemetery license will designate the cemetery manager. The cemetery company will notify the board within 30 days of a change in the cemetery manager.

(2) Each cemetery manager shall post in a conspicuous place in the office or offices where sales are conducted a legible sign which shall indicate the name of the cemetery manager, as well as the salespeople's names. This sign shall be at least 5 1/2 inches high and 8 1/2 inches wide.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-19-814, 37-19-822, MCA
History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06.

Mont. Admin. R. 24.147.1303 Cemetery Contracts; Price Disclosure

(1) A contract for the sale of prearranged cemetery services or commodities, the price of which may be modified at the time of delivery of those services or commodities, shall contain the following disclosure statement immediately adjacent to the signature block, with a requirement for initials, in 10-point bold type: "YOU, THE PURCHASER, WILL HAVE TO PAY, AT THE TIME OF NEED, ANY ADDITIONAL CHARGES RESULTING FROM PRICE INCREASES FOR THE FOLLOWING PREARRANGED SERVICES AND COMMODITIES:...".

History

Authorizing statute(s): 37-19-807, MCA
Implementing statute(s): 37-19-822, MCA
History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790.

Mont. Admin. R. 24.147.1304 Perpetual Care and Maintenance Fund Reports

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-19-807, 37-19-822, 37-19-823, MCA
History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06; REP, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1305 Audit Fees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-19-807, 37-19-808, 37-19-822, 37-19-823, MCA
History: NEW, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2006 MAR p. 1169, Eff. 5/5/06; REP, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1310 Requirements for Burials

(1) Except as provided in (2) and (3) , there shall be no less than 18 inches of dirt or turf on top of all vaults or caskets, and no less than six inches of dirt or turf on top of other containers of cremated remains.

(2) Cremated remains placed in an urn or urn vault and covered with at least three-quarters of an inch of concrete, brass, granite, marble or metal plate, affixed to the urn or vault shall be exempt from the requirement of (1) .

(3) In the case of consensual double burials, the casket or vault that is on top shall be covered with at least 12 inches of dirt or turf as measured at the time of burial.

History

Authorizing statute(s): 37-19-807, MCA
Implementing statute(s): 37-19-807, MCA
History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790.

Mont. Admin. R. 24.147.1311 Cemetery Authority Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-19-807, MCA
Implementing statute(s): 37-19-807, MCA
History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790; REP, 2006 MAR p. 1169, Eff. 5/5/06.

Mont. Admin. R. 24.147.1312 Restrictions on Use of Cemetery Funds

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-19-807, 37-19-822, MCA
History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; REP, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1313 Transfer of Cemetery Ownership

(1) In addition to the requirements of this rule, an application for a new cemetery license as described in ARM 24.147.1301 must be submitted when ownership of a cemetery company changes.

(2) When there is a change in ownership, the existing license is void and a new license will be issued to the new owner.

(3) When ownership of any cemetery company is proposed to be transferred, the cemetery company must notify the board. The notice shall specify:

(a) the address of the principal offices of the cemetery company; and

(b) the name and address of each new owner and/or the stockholders, regardless of whether or not the principal address has changed.

(4) Notice of such a change of ownership shall be published in a newspaper of general circulation in the county in which the cemetery is located. The notice shall specify:

(a) the address of the principal offices of the cemetery company, whether changed or unchanged; and

(b) the name and address of each new owner and/or each stockholder owning more than 5 percent of the stock.

(5) Every cemetery company shall post and continuously maintain at the main public entrance to the cemetery, a sign which must:

(a) specify the current name and mailing address of the cemetery company;

(b) contain a statement that the name and mailing address of each owner, presiding officer, and/or their agent of the cemetery company may be obtained by contacting the board;

(d) be at least 16 inches high and 24 inches wide; and

(e) be prominently mounted upright and vertical.

(6) The board shall suspend the license of any cemetery company which is in violation of any of the requirements in this rule. The license may be reinstated only when the cemetery company is in compliance with all requirements.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, 37-19-816, MCA
Implementing statute(s): 37-1-131, 37-19-816, MCA
History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1314 Perpetual Care and Maintenance Funds

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-19-807, 37-19-822, MCA
History: NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, 5/5/06; REP, 2017 MAR p. 2187, Eff. 11/25/17.

Subchapter 24.147.15 Prearranged Funeral Agreements

Mont. Admin. R. 24.147.1501 Branch Facility

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-19-202, MCA
Implementing statute(s): 37-19-827, 37-19-828, 37-19-829, MCA
History: NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; REP, 2013 MAR p. 1191, Eff. 7/12/13.

Mont. Admin. R. 24.147.1502 Prearranged, Prefinanced, or Prepaid Funerals

(1) Mortuaries, crematories, and cemeteries shall provide information to allow all people the opportunity to consider, in advance and prior to need, the type and prices of funeral arrangements which best meet their needs.

(2) All prearranged, prefinanced, or prepaid funeral arrangements shall be according to the law and rules of the state of Montana.

(3) All cemetery perpetual care and maintenance trusts and mortuary and crematory trusts must be managed per the requirements of statute and this chapter.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-1-131, 37-19-822, 37-19-827, 37-19-828, 37-19-829, MCA
History: NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1503 Requirements for Sale of at-Need, Preneed, and Prepaid Funeral Arrangements

(1) No person, firm, or corporation shall sell or offer to sell, or make or offer to make at-need funeral arrangements, preneed funeral arrangements, or prepaid funeral agreements, unless that person is a duly licensed mortician.

(2) The following monies shall be held in trust by a mortician, mortuary, branch establishment, cemetery, or any other person, firm, or corporation:

(a) any monies paid under or in connection with a funeral trust agreement where:

(i) the funeral trust agreement is intended to provide funeral goods and/or service for the named person referred to in this part as beneficiary, who may or may not be the same person as the purchaser;

(ii) the sale of personal property to be used in connection with a funeral or burial, wherein the delivery of such personal property is not to occur until after the death of the beneficiary of the trust; and/or

(iii) the furnishing of personal services are not rendered until the occurrence of the death of the beneficiary of the trust.

(3) Trust funds shall be deposited in accordance with 37-19-828, MCA.

(4) Trust funds shall be held on deposit, together with any interest until the personal property has been delivered and the personal services have been rendered, unless sooner repaid, in whole or in part.

(a) When there is a closure or change of ownership of a mortuary, branch establishment, or crematory, the requirements of ARM 24.147.1506 must be met.

(5) Any funeral trust agreement shall include a provision that a preneed purchaser shall receive a receipt for the deposited funds from the depository institution. The funeral trust agreement must include a disclosure to the preneed purchaser that the purchaser should receive the receipt within 30 days, and if the receipt is not received within the 30-day timeframe, the purchaser should contact the preneed seller.

(6) No later than 30 days from issuance of the death certificate following the performance of preneed funeral arrangements pursuant to a prepaid funeral agreement, the mortician, mortuary, branch establishment, cemetery, crematory, or any other person, firm, or corporation holding trust funds shall close and distribute the funds to trust beneficiaries.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-1-131, 37-19-807, 37-19-823, 37-19-827, 37-19-828, 37-19-829, MCA
History: NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2016 MAR p. 314, Eff. 2/20/16; AMD, 2017 MAR p. 2187, Eff. 11/25/17; AMD, 2020 MAR p. 670, Eff. 4/18/20.

Mont. Admin. R. 24.147.1504 Preneed Funeral Agreements

(1) Every preneed funeral agreement executed in this state shall be reduced to writing, and must:

(a) be signed by the provider and by the purchaser or the intended funeral recipient or the intended funeral recipient's guardian, agent or next of kin, and

(b) include at least the following information:

(i) the name, address and telephone number of the mortuary intended to be utilized at the time of the agreement;

(ii) the name and license number of the individual licensee acting as or on behalf of the provider;

(iii) the purchaser's name, address and social security number;

(iv) the name, address and social security number of the intended funeral recipient;

(v) both a copy of the provider's current general price list and an itemized statement of funeral goods and services to be included in the agreement;

(vi) full and complete disclosure of how the agreement is to be funded;

(vii) whether the agreement is a guaranteed price agreement or nonguaranteed price agreement, which term, as applicable, shall be defined in the agreement in accordance with this subchapter; together with complete disclosure of how the planned funeral expenses shall be funded in the event the funds held by the trust are insufficient and means of disposition of any proceeds of the trust in excess of that needed for planned funeral goods and services;

(viii) complete disclosure of rates of interest to be accrued on the invested funds, including any fees to be charged against the invested funds, how those fees are determined and how, when and to whom such fees are paid.

(ix) full identification of the depository institution where the funds will be held, together with all pertinent account numbers or other means whereby the funds may be identified.

(c) provide that all funeral arrangements and prepaid funeral trust agreements are revocable upon demand of the purchaser, if alive, and if not, then by the intended funeral recipient where they are different persons. The amount of any and all moneys paid under or in connection with such an agreement together with any and all interest, if any, accrued thereon while on deposit shall be repaid on demand at any time prior to the delivery of the prepaid funeral goods or the performance of the prepaid funeral services. Upon the death of the intended funeral recipient, the intended funeral recipient's authorizing agent shall have the right to revoke the funeral arrangements and to sever the funeral funding arrangements from the funeral arrangements; except however, as provided in 37-19-708 , MCA the means of disposition specified by the preneed funeral agreement may not be changed by the authorizing agent. In those instances where a prepaid funeral agreement is revoked, the moneys used to fund the agreement, including all principal and all accrued interest, shall be paid to:

(i) the purchaser if alive, and if not, then to the personal representative or estate of the deceased purchaser; or

(ii) the intended funeral recipient if the funds originally paid for a prepaid funeral agreement belonged to the intended funeral recipient and the agreement is funded through a trust; or

(iii) the named beneficiaries on the insurance policy if the agreement is funded through a funeral insurance policy.

(d) notwithstanding the provisions of (c) above to the contrary, an agreement may provide that the trust shall be irrevocable during the lifetime of the beneficiary, if at the time of the signing of an agreement, the intended funeral recipient of the trust is an applicant for or recipient of, benefits pursuant to the regulations of any public assistance agency or the medicaid program and utilizing the eligibility criteria of the supplemental social security income program in regard to burial spaces and funds set aside for burial expenses; or, a person who reasonably anticipates applying for, or receiving, such benefits within six months. A prepaid funeral agreement made irrevocable pursuant to this subchapter shall not affect the selection of funeral goods or services or the selection of the funeral home. If the intended funeral recipient of the trust enters into an agreement, reasonably anticipating that the intended funeral recipient will become an applicant for, or recipient of these programs within six months from the execution of the agreement, the agreement shall provide that, in the event the intended funeral recipient does not become an applicant for, or recipient of, any of these programs within the six month period, the trust shall revert to a revocable trust.

(e) in circumstances wherein the agreement is made irrevocable, provisions must be made for a change of provider at the sole discretion of the purchaser or intended funeral recipient, without financial penalty or charge for such a change.

(f) provide that, unless otherwise specified therein, a prepaid funeral agreement anticipates the provision of prepaid funeral goods and services in the area served by the provider. The agreement shall further provide that, if the intended funeral recipient's place of death is in a location other than that served by the provider, alternative funeral arrangements will be necessary unless otherwise provided for in the terms of the agreement.

(g) provide for the provider's substitution of any funeral goods or services to be furnished or rendered thereunder for funeral goods of equal quality, value and workmanship, or services of equal quality and value in the event of the unavailability of any funeral goods or services set forth in the agreement. Any change in the price of the agreement resulting from such substitution of funeral goods and/or services shall be reflected in the statement of funeral goods and services rendered.

(h) provide that, in the case of an agreement funded through a funeral trust, if the purchaser predeceases the intended funeral recipient where they are different persons, and no provision is made within the agreement for designation of the purchaser's successor, then the intended funeral recipient shall automatically assume the legal right to administer the funeral trust as purchaser, including the right to withdraw any and all funds held in the funeral trust, and with all other rights formerly held by the purchaser.

(2) Any provision of any such agreement whereby a person who pays money under or in connection therewith waives any provision of these rules shall be void.

History

Authorizing statute(s): 37-1-131, 37-19-101, 37-19-202, MCA
Implementing statute(s): 37-19-827, 37-19-828, 37-19-829, MCA
History: NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790.

Mont. Admin. R. 24.147.1505 Trust Funds

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-19-101, 37-19-202, MCA
Implementing statute(s): 37-19-827, 37-19-828, 37-19-829, MCA
History: NEW, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; REP, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1506 Preneed Agreements – Notification of Closure or Change of Ownership – Mortuary, Branch Establishment, or Crematory

(1) When there is a closure of a mortuary, branch establishment, or crematory, in addition to the requirements in ARM 24.147.407, the owner must:

(a) notify all preneed funeral arrangement purchasers prior to closure or change of ownership; and

(b) within 30 days of the closure, notify the board that the purchasers have been notified of the closure.

(2) When there is change of ownership of a mortuary, branch establishment, or crematory, the following must occur within 30 days of the change of ownership:

(a) the previous owner must notify the board that the new owner has been informed of all existing preneed agreements and monies held in trust; and

(b) the new owner must:

(i) notify all preneed funeral arrangement purchasers of the change of ownership; and

(ii) notify the board that all purchasers have been notified of the change of ownership.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-1-131, 37-19-402, 37-19-403, 37-19-703, 37-19-807, 37-19-823, 37-19-827, 37-19-828, MCA
History: NEW, 2020 MAR p. 670, Eff. 4/18/20.

Subchapter 24.147.16 Trust Funds – Cemeteries, Mortuaries, and Crematories

Mont. Admin. R. 24.147.1601 Trust Funds – General

(1) This rule applies to cemetery perpetual and maintenance trust funds and preneed funeral trust funds managed by mortuaries and crematories.

(2) The following individuals or entities cannot borrow any prepaid funeral trust funds, including principal or accrued interest either directly or indirectly, for the director or officer, or as the partner or agent of others:

(a) any licensee of the board;

(b) any director, officer, or employee of any mortuary, cemetery, crematory, or other provider; and

(3) None of those listed in (2) can:

(a) become an endorser or surety for loans to others; or

(b) in any manner be an obligor for money borrowed from or loaned by the prepaid funeral trust funds.

(4) No business entity in which a licensee, employee of a licensee, or family member of a licensee has an interest can borrow any of the funds of a prepaid funeral trust fund.

(5) Per 37-19-829, MCA, banking institutions, savings or building and loan associations, or credit unions in which trusts are held are required to submit an annual report to the board regarding trust accounts held by those institutions using a board-developed reporting form.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-1-131, 37-19-807, 37-19-827, 37-19-828, 37-19-829, MCA
History: NEW, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1602 Cemetery Perpetual Care and Maintenance Trust Accounts – General

(1) These rules are for the purpose of regulating management of cemetery perpetual care and maintenance trusts per the requirements of Title 37, chapter 19, part 8, MCA.

(2) Cemeteries licensed by the board must establish, maintain, and manage perpetual care and maintenance trust funds and appropriate financial records per requirements in 37-19-822, 37-19-823, and 37-19-828, MCA, and these rules.

(3) Perpetual care and maintenance funds must be kept separate from all other cemetery funds.

(4) Records for perpetual care and maintenance funds must be kept separate from all other cemetery financial records.

(5) Cemeteries licensed by the board must maintain all financial records pertaining to cemetery perpetual care and maintenance trusts so those are readily available for inspection and examination by the board.

(6) Cemeteries licensed by the board must submit an annual perpetual care and maintenance fund report to the board on a board-developed reporting form per the requirements in ARM 24.147.1604.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-1-131, 37-19-807, 37-19-822, 37-19-823, 37-19-829, MCA
History: NEW, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1603 Cemetery Perpetual Care and Maintenance Trust Accounts – Financial Records

(1) Cemeteries licensed by the board must maintain appropriate records per 37-19-822 and 37-19-823, MCA.

(2) In addition to the minimum requirements in 37-19-822(4), MCA, cemeteries must maintain the following:

(a) appropriate records of plans adopted for general care and maintenance and associated financial records;

(b) appropriate records of any real or personal property that is bequeathed, devised, granted, given, or otherwise contributed; and

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-1-131, 37-19-807, 37-19-822, 37-19-823, MCA
History: NEW, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1604 Cemetery Perpetual Care and Maintenance Trust Accounts – Annual Reporting Requirements

(1) Per ARM 24.147.1602 cemeteries will report annually to the board:

(a) the name(s) and address(es) of the banking institution, savings or building and loan association, or credit union in which the trust(s) is held;

(b) final trust balances for both the current year′s and previous year′s reporting cycles, broken out by institution;

(d) total number of preneed and at-need sales during the current reporting cycle. In addition to the number sold, the cemetery must report the total monetary amounts collected and deposited in the trust per 37-19-822, MCA;

(e) total expenditures from the net income for the care and maintenance of the cemetery during the current reporting cycle; and

(f) a signed attestation from the cemetery as to the information contained within the report.

(2) Annual perpetual care and maintenance fund reports must be submitted to the board by March 1.

(a) A cemetery may request a reporting extension prior to the submission deadline. The board will:

(i) evaluate requests on a case-by-case basis; and

(ii) notify the requestor whether the extension was granted. If the extension is granted, the board will also notify the requestor as to the length of the extension.

(b) A cemetery that does not file its report within the time prescribed above may be subject to disciplinary action as prescribed by the Montana Administrative Procedure Act and Title 37, chapter 1, part 3, MCA, including a fine of up to $1000.

(3) The board will compare the trust principal and interest and dividends reported by the financial institution in ARM 24.147.1601 to the corresponding information reported by the licensed cemeteries in their annual reports per this rule.

(a) Using this information, the board will make a determination as to whether or not further information and/or an audit is necessary.

(b) If an audit is deemed necessary, the board will conduct an audit per ARM 24.147.1605.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-1-131, 37-19-807, 37-19-822, 37-19-823, 37-19-828, 37-19-829, MCA
History: NEW, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1605 Cemetery Perpetual Care and Maintenance Trust Accounts – Audits

(1) At its discretion, the board may conduct audits of licensed cemeteries per 37-19-807(1) and 37-19-808, MCA, and these rules. Reasons for audits include, but are not limited to:

(a) public complaints; and

(b) board action on annual trust reports submitted per ARM 24.147.1601 and 24.147.1604.

(2) The board will contract with an independent licensed or certified public accountant to conduct the audit.

(3) The contracted auditor will conduct the audit per these statutes, rules, general audit standards, and board audit guidelines. The audit includes, but is not limited to:

(a) opinion of the independent public accountant;

(b) report of the evaluation of internal controls;

(d) trust agreement(s);

(e) financial statements; and

(f) documents supporting and verifying each asset of the fund.

(4) The fee charged by the accountant for the actual cost of the audit must be paid by the cemetery company per 37-19-808, MCA.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-1-131, 37-19-807, 37-19-808, 37-19-822, 37-19-823, MCA
History: NEW, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1606 Mortuary and Crematory Preneed Trust Accounts – General

(1) These rules are for the purpose of regulating management of preneed funeral trust accounts per the requirements of Title 37, chapter 19, part 8, MCA.

(2) Mortuaries and crematories licensed by the board must establish, maintain, and manage preneed funeral trust funds and appropriate financial records per requirements in statute and these rules.

(3) Mortuaries and crematories licensed by the board must maintain all financial records pertaining to preneed funeral trusts so those are readily available for inspection and examination by the board.

(4) Mortuaries and crematories licensed by the board must submit an annual preneed funeral trust report to the board on a board-developed reporting form per the requirements in ARM 24.147.1608.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-708, 37-19-807, MCA
Implementing statute(s): 37-1-131, 37-19-708, 37-19-827, 37-19-828, 37-19-829, MCA
History: NEW, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1607 Mortuary and Crematory Preneed Trust Accounts – Financial Records

(1) Mortuaries and crematories licensed by the board must maintain appropriate records per statute and these rules.

(2) In addition to preneed agreements as described in ARM 24.147.1504, mortuaries and crematories must maintain the following records:

(a) Montana Department of Public Health and Human Services Medicaid documents;

(b) statement of goods and services for preneed contracts funded by insurance; and

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-708, 37-19-807, MCA
Implementing statute(s): 37-1-131, 37-19-708, 37-19-827, 37-19-828, 37-19-829, MCA
History: NEW, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1608 Mortuary and Crematory Preneed Trust Accounts – Annual Reporting Requirements

(1) Per ARM 24.147.1606, mortuaries and crematories will report annually to the board:

(a) the name(s) and address(es) of the banking institution, savings or building and loan association, or credit union in which the trust(s) is held;

(b) final trust balances for both the current year′s and previous year′s reporting cycles, broken out by institution;

(d) total number of preneed contracts sold during the current reporting cycle. In addition to the number sold, the mortuaries and crematories must report the total monetary amounts collected and deposited in the trust; and

(e) a signed attestation from the mortuaries and crematories as to the information contained within the report.

(2) Annual funeral preneed trust reports must be submitted to the board by March 1.

(a) Mortuaries and crematories may request a reporting extension prior to the submission deadline. The board will:

(i) evaluate requests on a case-by-case basis; and

(ii) notify the requestor whether the extension is granted. If the extension is granted, the board will also notify the requestor as to the length of the extension.

(b) Mortuaries and crematories that do not file their reports within the time prescribed above may be subject to disciplinary action as prescribed by the Montana Administrative Procedure Act and Title 37, chapter 1, part 3, MCA, including a fine of up to $1000.

(3) Per 37-19-829, MCA, and ARM 24.147.1606, financial institutions must report to the board regarding all amounts received and held in trust.

(4) The board will compare the trust principal and interest and dividends reported by the financial institutions in ARM 24.147.1601 to the corresponding information reported by the licensed mortuaries and crematories in these annual reports.

(a) Using this information, the board will make a determination as to whether or not further information and/or an audit is necessary.

(b) If an audit is deemed necessary, the board will conduct an audit per ARM 24.147.1609.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-708, 37-19-807, MCA
Implementing statute(s): 37-1-131, 37-19-708, 37-19-827, 37-19-828, 37-19-829, MCA
History: NEW, 2017 MAR p. 2187, Eff. 11/25/17.

Mont. Admin. R. 24.147.1609 Mortuary and Crematory Preneed Trust Accounts – Audits

(1) At its discretion, the board may conduct audits of preneed funeral trusts. Reasons for audits include, but are not limited to:

(a) public complaints; and

(b) board action on annual trust reports submitted per ARM 24.147.1601 and 24.147.1608.

(2) The board will contract with an independent licensed or certified public accountant to conduct the audit.

(3) The contracted auditor will conduct the audit per these statutes, rules, general audit standards, and board audit guidelines. The audit includes, but is not limited to:

(a) opinion of the independent public accountant;

(b) report of the evaluation of internal controls;

(d) trust agreement(s);

(e) financial statements; and

(f) documents supporting and verifying each asset of the fund.

(4) The fee charged by the accountant for the actual cost of the audit must be paid by the mortuary or crematory.

History

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-807, MCA
Implementing statute(s): 37-1-131, 37-19-708, 37-19-827, 37-19-828, 37-19-829, MCA
History: NEW, 2017 MAR p. 2187, Eff. 11/25/17.

Subchapter 24.147.21 Continuing Education

Mont. Admin. R. 24.147.2101 Continuing Education Requirements – Morticians

(1) Continuing education consists of educational activities designed to:

(a) review existing concepts and techniques;

(b) convey information beyond the basic professional education; and

(2) Continuing education approved by the board must directly relate to the scope of practice of mortuary science as defined in board statutes and rules.

(3) The primary objective of continuing education is the protection of the health, safety, and welfare of the public, and deals primarily with the scope of practice, professional conduct, or ethical obligations of the license held. Licensees are responsible for selecting quality programs that contribute to their knowledge and competence and meet these objectives.

(a) Courses in which the principal purpose is to promote, sell, or offer goods, products, or services to funeral providers, or to promote the personal interests of the licensees do not meet continuing education requirements.

(4) Continuing education requirements will not apply until the licensee's first full year of licensure.

(5) The board may randomly audit up to 50 percent of renewed licensees' continuing education hours.

(6) Morticians with active licenses are required to obtain a total of six continuing education hours annually, prior to renewal on July 1.

(a) A minimum of 1.5 hours of the six hours must address the FTC funeral rule, federal or state regulations governing safety and sanitation of funeral services practice, board rules governing funeral trusts, or funeral services ethics.

(7) Board meetings are approved as continuing education.

(a) A licensee must attend at least half of a meeting to obtain credit.

(b) A board meeting is worth two hours of continuing education credit.

(8) All continuing education must be documented to show proof of completion. The licensee is responsible for maintaining these records for one year following the renewal cycle reporting period, and for making those records available upon board request. Documentation must include the following information:

(a) licensee name;

(b) course title and description of content;

(d) course date(s); and

(e) number of continuing education hours earned.

(9) All licensees will affirm understanding of their recurring duty to comply with continuing education requirements as a part of annual license renewal.

(10) Licensees found to be in noncompliance with continuing education requirements may be subject to administrative suspension. Licensees may not apply continuing education hours used to complete delinquent continuing education plan requirements for the next continuing education reporting period.

(11) Any continuing education hours required by disciplinary order do not apply toward the six hours that are required annually under this rule.

(12) A licensee may request a hardship exemption from continuing education requirements due to certified illness or undue hardship. Requests will be considered by the board.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-1-321, MCA
History: NEW, 1983 MAR p. 273, Eff. 4/1/83; AMD, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 2000 MAR p. 1630, Eff. 6/30/00; AMD, 2002 MAR p. 84, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2013 MAR p. 1191, Eff. 7/12/13; AMD, 2014 MAR p. 215, Eff. 1/31/14; AMD, 2018 MAR p. 440, Eff. 2/24/18; AMD, 2020 MAR p. 670, Eff. 4/18/20.

Mont. Admin. R. 24.147.2102 Sponsors

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-19-202, MCA
Implementing statute(s): 37-1-306, MCA
History: NEW, 1983 MAR p. 273, Eff. 4/1/83; AMD, 1995 MAR p. 845, Eff. 5/12/95; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 2002 MAR p. 84, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2013 MAR p. 1191, Eff. 7/12/13; REP, 2018 MAR p. 440, Eff. 2/24/18.

Mont. Admin. R. 24.147.2108 Exceptions - Not Engaging in the Practice of Funeral Service

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-19-202, MCA
Implementing statute(s): 37-1-306, MCA
History: NEW, 1983 MAR p. 273, Eff. 4/1/83; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; REP, 2013 MAR p. 1191, Eff. 7/12/13.

Mont. Admin. R. 24.147.2109 Penalty for Noncompliance

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-19-202, 37-19-316, MCA
Implementing statute(s): 37-19-316, MCA
History: NEW, 1983 MAR p. 273, Eff. 4/1/83; TRANS, from Commerce, 2002 MAR p. 790; REP, 2013 MAR p. 1191, Eff. 7/12/13.

Subchapter 24.147.23 Unprofessional Conduct

Mont. Admin. R. 24.147.2301 Unprofessional Conduct

(1) For the purpose of implementing 37-1-319, MCA, the board defines unprofessional conduct to include, but not be limited to, the following:

(a) solicitation of dead human bodies by the licensee, the licensee's agents, assistants, or employees, whether such solicitation occurs after death or while death is impending, providing that this shall not be deemed to prohibit general advertising;

(b) employment by the licensee of persons known as "cappers", or "steerers", or "solicitors", or other such persons to obtain the services of a holder of a license for the practice of funeral service;

(c) employment directly or indirectly of any apprentice, agent, assistant, employee, or other person on part- or full-time, or on commission for the purpose of calling upon individuals or institutions for solicitation of dead human bodies for a particular mortuary, mortician, or crematory;

(d) the direct or indirect payment or offer of payment of a commission by the licensee, the licensee's agent, assistants, or employees for the purpose of securing business for that particular mortuary, mortician, or crematory; provided however, that compliance with a state preneed law shall not constitute a violation thereof;

(e) failing to exercise appropriate supervision over interns who are authorized to practice only under the supervision of the licensed mortician;

(f) failing to exercise appropriate supervision of nonlicensed personnel;

(g) failing to exercise appropriate supervision of students working in the mortuary or branch establishment who are engaged in a clinical practicum as described in 37-19-308, MCA;

(h) allowing nonlicensed personnel to perform duties that are statutorily reserved for licensees or exempt students as described in 37-19-308, MCA;

(i) allowing the licensee's license number to be placed on a death certificate or any other official form of any dead human body, as the mortician or funeral director, if the licensee did not prepare the body or supervise the final disposition of that body;

(j) using any funeral merchandise previously used, without informing a new consumer or person selecting and/or paying for the use of the merchandise, that the merchandise has been used;

(k) failure to provide funeral goods that the consumer selected, or substitution of funeral goods or services without the consumer's knowledge or consent;

(l) violation of any of the provisions of Title 37, chapter 19, MCA, and/or ARM Title 24, chapter 147;

(m) violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of dead human bodies;

(n) refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect such release;

(o) knowingly making any false statement on a certificate of death;

(p) violation of applicable statutes or regulations of the state of Montana or any other state involved with the prearrangement and/or prefinancing of a funeral;

(q) discriminating in services because of race, creed, color, national origin, or medical condition;

(r) knowingly making false statements regarding other licensees;

(s) personnel of a mortuary, crematory, or cemetery whose services are desired shall not recommend auxiliary services or funeral goods, or deprive the consumer the freedom of choice for such services or funeral goods;

(t) removing or possessing dental gold, dental silver, or any other personal effects from deceased persons without specific written permission of the authorizing agent;

(u) attaching, detaining, claiming to detain, or failing to release any human remains or human cremated remains for any debt or demand; or upon any pretended lien or charges upon delivery of authorization for release of remains;

(v) disposing of human remains in any manner not specified by the authorizing agent, or otherwise permitted by law;

(w) failure to deposit or keep on deposit, misapply, misappropriate, or to repay on valid demand, any and all moneys received in payment for preneed funeral goods or services;

(x) failure to comply with statutory or board requirements for preneed or prepaid arrangements, agreements, or trusts; or failure to disclose any material facts regarding preneed or prepaid arrangements, agreements, or trusts;

(y) in circumstances where there is conflict in direction provided by authorizing agents of equal rank, it shall be considered unprofessional conduct for a licensee to proceed without requiring the parties to either come to agreement or submit the matter for judicial resolution of the conflict; or

(z) removal of, embalming, or cremating a dead human body prior to proper authorization from a county coroner or state medical examiner, when the licensee has information connecting crime or violence to the cause of death.

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, MCA
Implementing statute(s): 37-1-136, 37-1-316, 37-1-319, MCA
History: NEW, 1982 MAR p. 2137, Eff. 12/17/82; AMD, 1988 MAR p. 2377, Eff. 11/11/88; AMD, 1989 MAR p. 225, Eff. 1/27/89; AMD, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1996 MAR p. 2425, Eff. 9/20/96; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2013 MAR p. 1191, Eff. 7/12/13; AMD, 2018 MAR p. 440, Eff. 2/24/18; AMD, 2020 MAR p. 670, Eff. 4/18/20.

Mont. Admin. R. 24.147.2302 Licensee Responsibility in Case of Crime or Violence in Connection with Cause of Death

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-19-202, MCA
Implementing statute(s): 37-1-136, 37-19-311, 37-19-404, MCA
History: NEW, 1982 MAR p. 2137, Eff. 12/17/82; TRANS, from Commerce, 2002 MAR p. 790; REP, 2013 MAR p. 1191, Eff. 7/12/13.

Mont. Admin. R. 24.147.2303 Freedom of Choice Rights of Next of Kin and Family

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-19-202, MCA
Implementing statute(s): 37-1-136, 37-19-311, 37-19-404, MCA
History: NEW, 1982 MAR p. 2137, Eff. 12/17/82; TRANS, from Commerce, 2002 MAR p. 790; REP, 2013 MAR p. 1191, Eff. 7/12/13.

Mont. Admin. R. 24.147.2304 Unlawful Practice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-19-202, MCA
Implementing statute(s): 37-1-136, 37-19-311, 37-19-404, MCA
History: NEW, 1982 MAR p. 2137, Eff. 12/17/82; TRANS, from Commerce, 2002 MAR p. 790; REP, 2013 MAR p. 1191, Eff. 7/12/13.

Mont. Admin. R. 24.147.2305 Screening Panel

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-19-202, MCA
Implementing statute(s): 37-1-307, MCA
History: NEW, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; REP, 2013 MAR p. 1191, Eff. 7/12/13.

Subchapter 24.147.24 Complaint Procedures

Mont. Admin. R. 24.147.2401 Complaint Filing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-19-202, MCA
Implementing statute(s): 37-1-307, 37-1-308, 37-1-309, MCA
History: NEW, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; REP, 2013 MAR p. 1191, Eff. 7/12/13.

Chapter 24.148 Genetic Counselors

Subchapter 24.148.4 Fee Schedule

Mont. Admin. R. 24.148.401 Fee Schedule

(1) Application fee $75

(2) Renewal fee 50

(3) Temporary license 25

(4) Additional standardized fees are specified in ARM 24.101.403.

(5) All fees are nonrefundable.

History

Authorizing statute(s): 37-1-134, 37-49-103, 37-49-201, MCA
Implementing statute(s): 37-1-134, 37-49-103, 37-49-201, MCA
History: NEW, 2021 MAR p. 1925, Eff. 12/24/21; AMD, 2026 MAR, Notice No. 2026-133, Eff. 8/22/26.

Subchapter 24.148.5 General Provisions

Mont. Admin. R. 24.148.504 Substantial Equivalency

(1) The department adopts and incorporates by reference the 2026 substantial equivalency list for the Genetic Counselor Program publication. The publication is available on the program’s website.

(2) The department intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-49-104, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2026-133, Eff. 8/22/26.

Subchapter 24.148.21 Continuing Education

Mont. Admin. R. 24.148.2101 Continuing Education Requirements

(1) The department will not pre-approve continuing education (CE) programs or sponsors.

(2) Licensees are responsible for selecting quality programs that focus on protecting the health, safety, and welfare of the public and contribute to genetic counselors' professional knowledge and competence. Acceptable CE activities:

(a) directly relate to the scope of practice of genetic counseling as defined in 37-49-202, MCA;

(b) review existing concepts and techniques;

(d) update knowledge on the practice and advances in genetic counseling;

(e) reinforce professional conduct or ethical obligations of the licensee; and/or

(f) are conducted by an individual or group qualified by practical or academic experience.

(3) Licensees must obtain 24 hours (60 minutes per hour) of CE annually, prior to renewal.

(4) Licensees shall affirm an understanding of their recurring duty to comply with CE requirements as part of license renewal.

(5) Continuing education requirements will not apply until after the licensee's first renewal.

(6) The department may randomly audit up to 50 percent of renewed licensees.

(7) Licensees must maintain documentation of completed CE for three years and provide documentation to the department upon request.

(8) Licensees found to be in noncompliance with CE requirements may be subject to administrative suspension.

(9) Licensees may request exemption from CE requirements due to hardship. Requests will be considered by the department.

History

Authorizing statute(s): 37-49-103, MCA
Implementing statute(s): 37-49-103, MCA
History: NEW, 2021 MAR p. 1925, Eff. 12/24/21.

Subchapter 24.148.23 Unprofessional Conduct

Mont. Admin. R. 24.148.2301 Unprofessional Conduct

(1) In addition to the conduct specified in 37-1-410, MCA, the department defines unprofessional conduct for genetic counselors as follows:

(a) violation of any state or federal statute or rule regulating the practice of genetic counseling;

(b) incompetence, negligence, or use of any procedure in the practice of genetic counseling which creates an unreasonable risk of physical or mental harm or serious financial loss to the client;

(d) practice beyond the scope of practice of the license per 37-49-202, MCA;

(e) failing to cooperate with an investigation by or request for information from the department;

(f) failing to adequately supervise auxiliary staff; and

(g) practicing genetic counseling while the license is inactive, expired, suspended, or revoked.

History

Authorizing statute(s): 37-49-103, MCA
Implementing statute(s): 37-49-103, MCA
History: NEW, 2021 MAR p. 1925, Eff. 12/24/21.

Chapter 24.150 Board of Hearing Aid Dispensers (repealed)

Subchapter 24.150.1 Organizational Rule (REPEALED)

Mont. Admin. R. 24.150.101 Board Organization

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2023 MAR p. 1558, Eff. 11/4/23.

Subchapter 24.150.2 Procedural Rules (REPEALED)

Mont. Admin. R. 24.150.201 Procedural Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2023 MAR p. 1558, Eff. 11/4/23.

Mont. Admin. R. 24.150.202 Public Participation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1978 MAR p. 75; Eff. 1/25/78; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2023 MAR p. 1558, Eff. 11/4/23.

Subchapter 24.150.3 Definitions (REPEALED)

Mont. Admin. R. 24.150.301 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-16-202, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-16-301, 37-16-303, 37-16-304, MCA
History: NEW, 1993 MAR p. 534, Eff. 4/16/93; AMD, 1997 MAR p. 832, Eff. 5/6/97; AMD, 1997 MAR p. 2281, Eff. 12/16/97; AMD, 2000 MAR p. 2514, Eff. 9/22/00; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 1085, Eff. 4/30/10; AMD, 2012 MAR p. 894, Eff. 4/27/12; REP, 2023 MAR p. 1558, Eff. 11/4/23.

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2007 MAR p. 468, Eff. 4/13/07; AMD, 2019 MAR p. 1862, Eff. 10/19/19; REP, 2023 MAR p. 1558, Eff. 11/4/23.

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21; REP, 2023 MAR p. 1558, Eff. 11/4/23.

Subchapter 24.150.6 Testing and Transactional Documents (REPEALED)

Mont. Admin. R. 24.150.601 Minimum Testing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-16-202, MCA
Implementing statute(s): 37-16-202, MCA
History: NEW, 1989 MAR p. 1840, Eff. 11/10/89; AMD, 1993 MAR p. 534, Eff. 4/16/93; AMD, 1997 MAR p. 832, Eff. 5/6/97; AMD, 2000 MAR p. 2514, Eff. 9/22/00; AMD, 2001 MAR p. 781, Eff. 5/11/01; AMD, 2001 MAR p. 2422, Eff. 12/7/01; AMD, 2002 MAR p. 82, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 395; AMD and TRANS, from 24.150.502, 2010 MAR p. 1085, Eff. 4/30/10; AMD, 2019 MAR p. 1862, Eff. 10/19/19; REP, 2023 MAR p. 1558, Eff. 11/4/23.

Mont. Admin. R. 24.150.602 Transactional Document Requirements - Form and Content

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-16-202, MCA
Implementing statute(s): 37-16-202, 37-16-303, 37-16-304, MCA
History: NEW, 1993 MAR p. 534, Eff. 4/16/93; AMD, 1997 MAR p. 832, Eff. 5/6/97; AMD, 1997 MAR p. 2281, Eff. 12/16/97; AMD, 2000 MAR p. 2514, Eff. 9/22/00; AMD, 2001 MAR p. 781, Eff. 5/11/01; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2004 MAR p. 2816, Eff. 11/19/04; AMD, 2007 MAR p. 468, Eff. 4/13/07; AMD and TRANS, from 24.150.510, 2010 MAR p. 1085, Eff. 4/30/10; AMD, 2012 MAR p. 894, Eff. 4/27/12; AMD, 2019 MAR p. 1862, Eff. 10/19/19; REP, 2023 MAR p. 1558, Eff. 11/4/23.

Subchapter 24.150.21 Renewals (REPEALED)

Mont. Admin. R. 24.150.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-16-202, MCA
Implementing statute(s): 37-1-131, 37-1-141, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 202, Eff. 2/14/86; AMD, 1997 MAR p. 832, Eff. 5/6/97; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 1085, Eff. 4/30/10; REP, 2015 MAR p. 1057, Eff. 7/31/15.

Authorizing statute(s): 37-1-319, 37-16-202, MCA
Implementing statute(s): 37-1-131, 37-1-306, MCA
History: NEW, 1986 MAR p. 202, Eff. 2/14/86; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2010 MAR p. 1085, Eff. 4/30/10; REP, 2019 MAR p. 1862, Eff. 10/19/19.

Subchapter 24.150.23 Unprofessional Conduct (REPEALED)

Mont. Admin. R. 24.150.2301 Unprofessional Conduct

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-16-202, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, 37-16-411, MCA
History: NEW, Eff. 9/4/74; AMD, Eff. 9/4/75; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 202, Eff. 2/14/86; AMD, 1989 MAR p. 1840, Eff. 11/10/89; AMD, 1993 MAR p. 534, Eff. 4/16/93; AMD, 1997 MAR p. 832, Eff. 5/6/97; AMD, 1999 MAR p. 343, Eff. 2/26/99; AMD, 2000 MAR p. 2514, Eff. 9/22/00; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2004 MAR p. 328, Eff. 2/13/04; AMD, 2010 MAR p. 1085, Eff. 4/30/10; AMD, 2019 MAR p. 52, Eff. 1/12/19; AMD, 2019 MAR p. 1862, Eff. 10/19/19; REP, 2023 MAR p. 1558, Eff. 11/4/23.

Chapter 24.151 Hearing Aid Dispensers Program

Subchapter 24.151.4 General Provisions

Mont. Admin. R. 24.151.401 Fee Schedule

(1) Application

(a) Hearing aid dispenser $250

(b) Trainee 250

(2) Active renewal - Hearing aid dispenser 200

(3) Additional standardized fees are in ARM 24.101.403.

(4) All fees are nonrefundable.

(5) Examination fees are set by the examination administrator and paid by the applicant directly to the examination administrator.

History

Authorizing statute(s): 37-16-202, MCA
Implementing statute(s): 37-16-402, MCA
History: NEW, 2023 MAR p. 1558, Eff. 11/4/23; AMD, 2026 MAR, Notice No. 2026-141, Eff. 8/22/26.

Mont. Admin. R. 24.151.404 Record Retention

(1) As applicable, patient records must include:

(a) dates, locations, and methods for all patient contacts;

(b) description of services;

(d) a copy of all final bills of sale.

(2) Dispensers shall maintain patient records for a minimum of seven years from the last recorded date of service. Deceased patient records may be discarded one year after the date of death.

History

Authorizing statute(s): 37-16-202, MCA
Implementing statute(s): 37-16-301, 37-16-303, MCA
History: NEW, 2023 MAR p. 1558, Eff. 11/4/23.

Subchapter 24.151.5 Licensing

Mont. Admin. R. 24.151.501 Examination

(1) Hearing aid dispenser applicants must pass the International Hearing Society (IHS) written examination or its equivalent.

History

Authorizing statute(s): 37-16-202, MCA
Implementing statute(s): 37-16-402, MCA
History: NEW, 2023 MAR p. 1558, Eff. 11/4/23.

Mont. Admin. R. 24.151.504 Trainee Licensure – Supervised Training

(1) Hearing aid dispenser applicants must complete 1,000 hours of supervised training while licensed as hearing aid dispenser trainees.

(2) Trainee licenses are valid for one year unless renewed and may be renewed only once without prior department approval.

(3) Trainees must be supervised by qualified licensed hearing aid dispensers who are available for regular and prompt observation, instruction, consultation, and treatment.

(4) To supervise, hearing aid dispensers must:

(a) be currently licensed and actively practicing in Montana for at least one year; and

(b) have no final discipline in any state against the dispenser's license or a related license such as audiologist, in the two years preceding the request to supervise.

(5) The supervisor and trainee shall immediately notify the department and provide the reasoning for any pause in or termination of the training.

(6) Unsupervised trainees may not practice and must receive department approval before continuing in trainee status.

(7) Credit toward the training is only given when trainees have documented supervision.

(8) Trainees must maintain and submit to the department every 90 days, a dated log documenting their daily tasks and duties that is signed by the trainee and supervisor.

(9) Trainees must submit the final log upon conclusion of the supervised training to obtain approval to sit for the examination per ARM 24.151.501.

History

Authorizing statute(s): 37-16-402, MCA
Implementing statute(s): 37-16-402, MCA
History: NEW, 2023 MAR p. 1558, Eff. 11/4/23.

Mont. Admin. R. 24.151.506 Substantial Equivalency

(1) The department adopts and incorporates by reference the 2026 substantial equivalency list for the Hearing Aid Dispenser Program publication. The publication is available on the department’s website.

(2) The department intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-16-202, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2026-141, Eff. 8/22/26.

Subchapter 24.151.6 Receipts – Audiometer Calibration

Mont. Admin. R. 24.151.601 Bills of Sale/Receipts

(1) In addition to provisions of 37-16-303, MCA, each bill of sale and receipt must contain a plain and simple notice of those hearing aids that must be programmed or adjusted only by authorized dealers or dispensers and must be signed by the licensee and purchaser.

(2) For trainee-provided services, all bills of sale and receipts must clearly show:

(a) trainee's designation, name, and license number; and

(b) supervisor's name and license number.

History

Authorizing statute(s): 37-16-202, MCA
Implementing statute(s): 37-16-202, 37-16-303, MCA
History: NEW, 2023 MAR p. 1558, Eff. 11/4/23.

Mont. Admin. R. 24.151.604 Audiometer Calibration

(1) The department may randomly audit renewed licensed hearing aid dispensers for calibration compliance with American National Standards Institute (ANSI) standards.

History

Authorizing statute(s): 37-16-202, MCA
Implementing statute(s): 37-16-202, MCA
History: NEW, 2023 MAR p. 1558, Eff. 11/4/23.

Subchapter 24.151.23 Unprofessional Conduct

Mont. Admin. R. 24.151.2301 Unprofessional Conduct

(1) It is unprofessional conduct for licensed hearing aid dispensers to:

(a) violate a federal, state, or local law or rule relating to the conduct of the profession;

(b) initiate telephone contact without first identifying the dispenser's name and company, or making more than one contact, unless the person specifically requests further contact;

(i) contact is made by the original dispenser; or

(ii) the person specifically requests the additional contact;

(d) perform services outside the licensee's area of training, expertise, competence, or scope of practice or licensure;

(e) fail to adequately supervise, manage, train, or control auxiliary staff or supervisees;

(f) discontinue professional services, unless:

(i) services are completed;

(ii) the person requests the discontinuation;

(iii) alternative or replacement services are arranged; or

(iv) the person is given reasonable opportunity to arrange alternative or replacement services;

(g) delegate a professional task to an unqualified person;

(h) fail to obtain informed consent when warranted;

(i) physically or verbally abuse a patient; and

(j) fail to account for funds received in connection with any services rendered or to be rendered.

History

Authorizing statute(s): 37-16-202, MCA
Implementing statute(s): 37-16-411, MCA
History: NEW, 2023 MAR p. 1558, Eff. 11/4/23.

Chapter 24.152 Home Inspector Licensing

Subchapter 24.152.4 General Provisions

Mont. Admin. R. 24.152.401 Fee Schedule

(1) The following fees are charged by the department for home inspection businesses:

(a) initial application - $80.00

(b) renewal application - 80.00

(2) All fees are nonrefundable.

History

Authorizing statute(s): [HB 225, Section 2]
Implementing statute(s): [HB 225, Section 2]
History: NEW, 2019 MAR p. 2121, Eff. 11/23/19; AMD, 2024 MAR p. 1192, Eff. 5/25/24; TRANS and AMD, from 24.33.406, 2025 MAR, Notice No. 2025-146, Eff. 1/1/26.

Mont. Admin. R. 24.152.405 Substantial Equivalency

(1) The department adopts and incorporates by reference the 2025 substantial equivalency list for the home inspectors publication. The publication is available on the program’s website.

(2) The department intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-146, Eff. 1/1/26.

Mont. Admin. R. 24.152.411 Applications for Home Inspector License

(1) Applicants for licensure must submit a complete application form provided by the department, including all required fees and documentation.

History

Authorizing statute(s): [HB 225, Section 2]
Implementing statute(s): [HB 225, Section 2, Section 3]
History: NEW, 2019 MAR p. 2121, Eff. 11/23/19; AMD, 2024 MAR p. 1192, Eff. 5/25/24; TRANS and AMD, from 24.33.411, 2025 MAR, Notice No. 2025-146, Eff. 1/1/26.

Mont. Admin. R. 24.152.431 Home Inspector Education Courses

(1) Any organization wishing to be approved by the department for the purposes of offering comprehensive home inspection instruction must apply to the department for approval. The organization must demonstrate that its instruction covers at least the following topics:

(a) roofing;

(b) exterior;

(d) structural;

(e) electrical;

(f) plumbing;

(g) heating and cooling (HVAC);

(h) insulation;

(i) fireplace and chimney; and

(j) ethical business practices, professional standards, and reports.

(2) Any organization wishing to be approved by the department for the purposes of offering a comprehensive home inspection instruction for home inspectors must also demonstrate that it conducts a valid assessment of students' knowledge and understanding of the subject matter being taught in order to demonstrate successful completion. The organization shall describe in detail how the assessment is made, and the criteria by which a student is deemed to have successfully completed the educational program.

(3) A list of formal home inspection educational programs approved by the department is available by contacting the department's home inspection program, and can also be found at the department's web site.

History

Authorizing statute(s): [HB 225, Section 2]
Implementing statute(s): [HB 225, Section 3]
History: NEW, 2019 MAR p. 2121, Eff. 11/23/19; AMD, 2024 MAR p. 1192, Eff. 5/25/24; TRANS and AMD, from 24.33.431, 2025 MAR, Notice No. 2025-146, Eff. 1/1/26.

Chapter 24.153 Board of Landscape Architects (repealed)

Subchapter 24.153.1 Organizational Rule

Mont. Admin. R. 24.153.101 Board Organization

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-66-202, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 2/5/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1498; REP, 2009 MAR p. 413, Eff. 4/17/09.

Subchapter 24.153.2 Procedural Rules

Mont. Admin. R. 24.153.201 Procedural Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-66-202, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1978 MAR p. 902, Eff. 6/24/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1498; REP, 2009 MAR p. 413, Eff. 4/17/09.

Mont. Admin. R. 24.153.202 Public Participation Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-66-202, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1978 MAR p. 902, Eff. 6/24/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1498; REP, 2009 MAR p. 413, Eff. 4/17/09.

Authorizing statute(s): 37-1-131, 37-1-134, 37-66-202, MCA
Implementing statute(s): 37-1-134, 37-66-202, 37-66-301, 37-66-304, 37-66-307, MCA
History: NEW, Eff. 2/5/76; AMD, 1979 MAR p. 649, Eff. 6/29/79; AMD, 1981 MAR p. 842, Eff. 8/14/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 24, Eff. 1/13/84; AMD, 1985 MAR p. 245, Eff. 3/15/85; AMD, 1986 MAR p. 2059, Eff. 12/27/86; AMD, 1988 MAR p. 385, Eff. 2/26/88; AMD, 1990 MAR p. 1699, Eff. 8/31/90; AMD, 1992 MAR p. 912, Eff. 5/1/92; AMD, 1994 MAR p. 388, Eff. 2/25/94; AMD, 1994 MAR p. 1579, Eff. 6/10/94; AMD, 1997 MAR p. 35, Eff. 1/17/97; AMD, 1998 MAR p. 1915, Eff. 7/17/98; AMD, 1999 MAR p. 1122, Eff. 5/21/99; AMD, 2000 MAR p. 2004, Eff. 7/28/00; TRANS, from Commerce, 2002 MAR p. 1498; AMD, 2002 MAR p. 3151, Eff. 11/15/02; AMD, 2004 MAR p. 2287, Eff. 9/24/04; AMD, 2005 MAR p. 750, Eff. 5/13/05; REP, 2009 MAR p. 413, Eff. 4/17/09.

Authorizing statute(s): 37-66-202, MCA
Implementing statute(s): 37-66-202, 37-66-303, MCA
History: NEW, Eff. 2/5/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 35, Eff. 1/17/97; TRANS, from Commerce, 2002 MAR p. 1498; REP, 2009 MAR p. 413, Eff. 4/17/09.

Subchapter 24.153.21 Renewals

Mont. Admin. R. 24.153.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-66-202, MCA
Implementing statute(s): 37-1-131, 37-66-307, MCA
History: NEW, Eff. 2/5/76; AMD, Eff. 4/5/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 344, Eff. 4/28/83; AMD, 1988 MAR p. 167, Eff. 1/29/88; AMD, 1994 MAR p. 1579, Eff. 6/10/94; AMD, 1997 MAR p. 35, Eff. 1/17/97; TRANS, from Commerce, 2002 MAR p. 1498; AMD, 2002 MAR p. 3151, Eff. 11/15/02; REP, 2009 MAR p. 413, Eff. 4/17/09.

Subchapter 24.153.23 Unprofessional Conduct

Mont. Admin. R. 24.153.2301 Unprofessional Conduct

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-66-202, MCA
History: NEW, 1997 MAR p. 35, Eff. 1/17/97; TRANS, from Commerce, 2002 MAR p. 1498; REP, 2009 MAR p. 413, Eff. 4/17/09.

Chapter 24.154 Licensed Addiction Counselors (transferred to Chapter 219)

Subchapter 24.154.2 Procedural Rules

Mont. Admin. R. 24.154.201 Procedural Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-35-103, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1998 MAR p. 1408, Eff. 5/29/98; TRANS, from Commerce, 2008 MAR p. 380; REP, 2016 MAR p. 1457, Eff. 8/20/16.

Mont. Admin. R. 24.154.202 Public Participation Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-35-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1998 MAR p. 1408, Eff. 5/29/98; TRANS, from Commerce, 2008 MAR p. 380; REP, 2016 MAR p. 1457, Eff. 8/20/16.

Authorizing statute(s): 37-35-103, MCA
Implementing statute(s): 37-35-202, MCA
History: NEW, 1998 MAR p. 1408, Eff. 5/29/98; TRANS, from Commerce, 2008 MAR p. 380; REP, 2013 MAR p. 1688, Eff. 9/20/13.

Subchapter 24.154.21 Renewal and Continuing Education

Mont. Admin. R. 24.154.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-141, 37-35-103, MCA
Implementing statute(s): 37-1-141, MCA
History: NEW, 1998 MAR p. 1408, Eff. 5/29/98; AMD, 2000 MAR p. 2963, Eff. 10/27/00; AMD, 2003 MAR p. 802, Eff. 4/25/03; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, 2008 MAR p. 380; AMD, 2013 MAR p. 1688, Eff. 9/20/13; REP, 2016 MAR p. 1457, Eff. 8/20/16.

Mont. Admin. R. 24.154.2107 Continuing Education Procedures and Documentation

Publisher status: INEFFECTIVE (not currently effective).

(TRANSFERRED)

History

Authorizing statute(s): 37-1-319, 37-35-103, MCA
Implementing statute(s): 37-1-104, 37-1-131, 37-1-306, 37-1-319, 37-35-103, MCA
History: NEW, 1998 MAR p. 1408, Eff. 5/29/98; AMD, 2000 MAR p. 2963, Eff. 10/27/00; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, 2008 MAR p. 380; AMD, 2013 MAR p. 1688, Eff. 9/20/13; AMD, 2016 MAR p. 1457, Eff. 8/20/16; TRANS to ARM 24.219.5018, 2019 MAR p. 207, Eff. 2/23/19.

Subchapter 24.154.24 Complaints

Mont. Admin. R. 24.154.2401 Complaint Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-35-103, MCA
Implementing statute(s): 37-1-402, 37-1-403, 37-1-404, 37-35-301, MCA
History: NEW, 1998 MAR p. 1408, Eff. 5/29/98; TRANS, from Commerce, 2008 MAR p. 380; AMD, 2013 MAR p. 1688, Eff. 9/20/13; REP, 2016 MAR p. 1457, Eff. 8/20/16.

Chapter 24.155 Board of Massage Therapy

Subchapter 24.155.1 Organizational Rule

Mont. Admin. R. 24.155.101 Board Organization

(1) The Board of Massage Therapy adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2010 MAR p. 746, Eff. 3/26/10; AMD and TRANS, from 24.155.201, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.155.2 Procedural Rules

Mont. Admin. R. 24.155.202 Procedural Rules

(1) The Board of Massage Therapy adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2010 MAR p. 746, Eff. 3/26/10; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.155.203 Public Participation

(1) The Board of Massage Therapy adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 2010 MAR p. 746, Eff. 3/26/10; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.155.3 Definitions

Mont. Admin. R. 24.155.301 Definitions

(1) "Board approved program" means any massage therapy program that meets or exceeds the curriculum guidelines as provided for in 37-33-502, MCA.

(2) "MBLEx" means massage and bodywork licensing examination.

(3) "NCETM" means national certification examination for therapeutic massage.

(4) "NCETMB" means national certification examination for therapeutic massage and bodywork.

(5) "NESL" means national examination for state licensing as provided by the NCBTMB.

(6) "School-sanctioned activity" for purposes of 37-33-404, MCA, means an activity:

(a) that is approved, endorsed, or provided by the board-approved program in which the student is enrolled;

(b) the purpose of which is to allow students to practice their massage therapy skills under particular, limited circumstances; and

(7) "Supervision," for the purposes of 37-33-404, MCA, means the oversight and review of the student's work to a degree necessary to ensure the protection of the health, safety, and welfare of the public, but not to a degree less than the immediate and constant availability of the supervisor via telephone, throughout the school-sanctioned activity.

(8) For purposes of 37-33-501, MCA, a license that "has lapsed and has not been revived" means an "expired license" as defined in ARM 24.101.402.

History

Authorizing statute(s): 37-1-131, 37-33-405, MCA
Implementing statute(s): 37-1-141, 37-33-404, 37-33-501, 37-33-502, MCA
History: NEW, 2010 MAR p. 746, Eff. 3/26/10; AMD, 2010 MAR p. 1185, Eff. 5/14/10; AMD, 2010 MAR, p. 2382, Eff. 10/15/10; AMD, 2014 MAR p. 1397, Eff. 6/27/14.

Subchapter 24.155.4 General Provisions

Mont. Admin. R. 24.155.401 Fee Schedule

(1) The department will collect the following fees:

(a) application/licensing by credential $140

(b) application/licensing by examination 140

(d) annual inactive license renewal 45

(2) Additional standardized fees are specified in ARM 24.101.403.

(3) All fees are nonrefundable.

History

Authorizing statute(s): 37-1-131, 37-33-405, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-33-502, MCA
History: NEW, 2010 MAR p. 746, Eff. 3/26/10; AMD, 2014 MAR p. 1397, Eff. 6/27/14.

Mont. Admin. R. 24.155.402 Records

(1) Licensees must maintain the following records for each client:

(a) an initial intake form which includes:

(i) name of client;

(ii) health history;

(iii) current health status;

(iv) consent of the client to treat;

(v) date; and

(vi) client signature; and

(b) session notes, including:

(i) date;

(ii) services provided;

(iii) comments from licensed therapist; and

(iv) signature or initials of licensed therapist.

(2) Licensees must document in the client's records, at the time the initial intake form is required, if the client refuses to complete the client intake form.

(3) Licensees are required to maintain records for four years from the last date of service to the client.

(4) Any violation of this rule is considered unprofessional conduct.

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-136, 37-1-319, MCA
History: NEW, 2020 MAR p. 1327, Eff. 7/25/20.

Mont. Admin. R. 24.155.405 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Massage Therapy publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2025-265, Eff. 3/7/26.

Subchapter 24.155.6 Licensure

Mont. Admin. R. 24.155.601 Licensure by Grandfather Clause

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-33-405, MCA
Implementing statute(s): 37-1-131, 37-33-503, MCA
History: NEW, 2010 MAR p. 746, Eff. 3/26/10; REP, 2016 MAR p. 315, Eff. 2/20/16.

Mont. Admin. R. 24.155.604 Licensure by Examination

(1) All applicants for licensure by examination shall:

(a) submit a completed application on a form prescribed by the department with:

(i) the appropriate fee;

(ii) a copy of an official transcript or certificate of completion evidencing to the board's satisfaction that the applicant has a high school diploma or its equivalent;

(iii) proof that the applicant is 18 years of age or older;

(iv) proof of successful completion of a massage therapy educational program of a minimum of 500 hours of study that meets or exceeds the curriculum guidelines established by any program or organization accredited by the national commission for certifying agencies or its equivalent or successor;

(A) if the massage therapy transcript is not available from the custodian of record, the board may consider accepting a transcript that has been issued by the school and signed by the owner or person responsible for issuing the transcript; and

(v) a passing score on either the MBLEx, NCETMB, NESL, or the NCETM examination or a state examination deemed by the board to be equivalent.

History

Authorizing statute(s): 37-1-131, 37-33-405, MCA
Implementing statute(s): 37-1-131, 37-33-502, MCA
History: NEW, 2010 MAR p. 746, Eff. 3/26/10; AMD, 2014 MAR p. 1397, Eff. 6/27/14; AMD, 2017 MAR p. 2193, Eff. 11/25/17; AMD, 2018 MAR p. 1038, Eff. 5/26/18.

Mont. Admin. R. 24.155.605 Curriculum Guidelines

(1) The National Certification Board for Therapeutic Massage and Bodywork is a program currently accredited by the National Commission for Certifying Agencies and its curriculum guidelines meet or exceed the requirements of 37-33-502, MCA. Those curriculum guidelines are as follows:

(a) 200 hours of in-class and instructor-supervised massage and bodywork assessment, theory, and application instruction;

(b) 125 hours of instruction on the body systems (anatomy, physiology, and kinesiology);

(d) ten hours of business and ethics instruction (a minimum of six hours in ethics); and

(e) 125 hours of instruction in an area or related field that completes the massage program of study.

(2) Other curriculum guideline submissions will be evaluated by the board for compliance with 37-33-502, MCA, on a case-by-case basis.

History

Authorizing statute(s): 37-1-131, 37-33-405, MCA
Implementing statute(s): 37-1-131, 37-33-502, MCA
History: NEW, 2010 MAR p. 1185, Eff. 5/14/10.

Mont. Admin. R. 24.155.608 Licensure of Out-of-State Applicants

(1) All applicants for licensure with an out-of-state license shall submit a completed application on a form prescribed by the department.

(2) The application shall be deemed incomplete until all of the following are received by the board, in conjunction with the application:

(a) the appropriate fee;

(b) a copy of an official transcript or certificate of completion evidencing to the board's satisfaction that the applicant has a high school diploma or its equivalent;

(d) verification of an active license, certification, or registration in good standing from another state or jurisdiction, whose current requirements are substantially equivalent to Montana requirements for licensure, including:

(i) proof of completing a massage therapy program demanding a course of studies that includes, at a minimum, 500 hours; and

(ii) a passing score on either the MBLEx, NCETMB, NESL, or the NCETM examination, or a state examination deemed to be equivalent.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-131, 37-1-304, MCA
History: NEW, 2010 MAR p. 1185, Eff. 5/14/10; AMD, 2014 MAR p. 1397, Eff. 6/27/14; AMD, 2017 MAR p. 2193, Eff. 11/25/17; AMD, 2018 MAR p. 1038, Eff. 5/26/18; AMD, 2020 MAR p. 1327, Eff. 7/25/20.

Mont. Admin. R. 24.155.610 Military Training or Experience

(1) Pursuant to 37-1-145, MCA, the board shall accept relevant military training, service, or education toward the requirements for licensure as a massage therapist.

(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;

(d) military reserves.

(3) An applicant must submit satisfactory evidence of receiving military training, service, or education that is equivalent to relevant licensure requirements as a massage therapist. At a minimum, satisfactory evidence shall include:

(a) a copy of the applicant's military discharge document (DD 214);

(4) The board shall consider all documentation received to determine whether an applicant's military training, service, or education is equivalent to relevant licensure requirements.

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 1397, Eff. 6/27/14.

Mont. Admin. R. 24.155.613 Nonroutine Applications

(1) For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402 by reference with the following modification:

(a) Applications in which the applicant has, in the preceding five years, been a respondent in a complaint for unlicensed practice of massage therapy that led to a cease and desist letter or an injunctive action are considered nonroutine.

(2) Nonroutine applications must be reviewed and approved by the board before a license may be issued.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2014 MAR p. 1397, Eff. 6/27/14; AMD, 2017 MAR p. 2193, Eff. 11/25/17; AMD, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.155.615 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.155.616 Inactive License

(1) A licensee who wishes to retain a license, but who will not be practicing massage therapy, may place the license on inactive status by submitting a written request on a form prescribed by the department.

(2) An individual licensed on inactive status may not practice massage therapy during the period in which the license remains on inactive status.

(3) A licensee on inactive status shall:

(a) renew along with active licensees according to renewal dates specified in ARM 24.101.413;

(b) pay the annual inactive status fee specified in ARM 24.155.401; and

(4) A licensee on inactive status may change to active status by:

(a) submitting a written request on a form prescribed by the department;

(b) paying the balance of the renewal fee that would be due for an active license in the then-current renewal period; and

(i) six hours of continuing education; or

(ii) any of the examinations identified in ARM 24.155.604.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-33-405, MCA
Implementing statute(s): 37-1-131, 37-1-319, MCA
History: NEW, 2014 MAR p. 1397, Eff. 6/27/14.

Mont. Admin. R. 24.155.619 School Instructors and Assistants Requiring a License in Massage Therapy and Exemption

(1) School instructors and assistants requiring a massage therapy license include anyone demonstrating massage therapy techniques or techniques considered to be within the scope of massage therapy.

(2) School instructors and assistants demonstrating palpatory anatomy that includes touching a person must either hold a license in massage therapy or hold a professional license that falls under the exemption provided for in 37-33-404(1), MCA.

(3) School instructors and assistants demonstrating a technique that requires a person meet the requirements for an exemption as provided for in 37-33-404(5), MCA, must either be licensed in massage therapy or meet the requirements of the exemptions provided for in 37-33-404(5), MCA.

History

Authorizing statute(s): 37-1-131, 37-33-405, MCA
Implementing statute(s): 37-1-131, 37-33-404, 37-33-501, MCA
History: NEW, 2018 MAR p. 1038, Eff. 5/26/18.

Subchapter 24.155.8 Continuing Education

Mont. Admin. R. 24.155.801 Continuing Education Requirements

(1) The board will not preapprove continuing education programs or sponsors. Qualifying criteria for continuing education are specified in these rules. It is the responsibility of the licensee to select quality programs that contribute to his/her knowledge and competence which also meet these qualifications.

(2) A continuing education activity must meet the following criteria:

(a) The activity must have significant intellectual or practical content. The activity must deal with direct application of massage therapy knowledge, skills, business practices, or ethical standards. In addition, the board may accept continuing education activities from other professional groups or academic disciplines if the massage therapist demonstrates that the activity is substantially related to his or her role as a massage therapist.

(b) The activity itself must be conducted by an individual or group qualified by practical or academic experience.

(c) Continuing education credit earned by courses, seminars, or workshops must be supportable through a certificate of completion containing the following information:

(i) full name and credentials of the presenter, including provider number, if applicable;

(ii) title of the presentation attended;

(iii) number of hours and date of each presentation attended;

(iv) description of the presentation format; and

(v) name of licensee.

(d) It is the responsibility of the licensee to establish and maintain detailed records of continuing education compliance for a period of three years, following submission of a continuing education report.

(3) In general, one continuing education credit will be granted for each hour of participation in the continuing education activity. Credit will not be awarded for activities lasting less than one hour.

(4) A licensed massage therapist must earn at least 12 continuing education credits every two consecutive years by the licensee renewal date on even numbered years beginning in 2012.

(a) No continuing education is required for licensees licensed less than one full year on their first continuing education reporting date. Licensees licensed at least one year but less than two full years on the first continuing education reporting date shall submit six hours of continuing education.

(b) Active licensees will be required to affirm their understanding of the basic requirement upon annual renewal.

(c) Certificates of completion or program documentation for continuing education credits reported must be submitted upon request of the board.

(5) Acceptable continuing education courses include but are not limited to the following:

(a) courses, seminars, or workshops taken in person, by correspondence, or online or by other electronic means;

(b) teaching a course, with one continuing education credit allowed for each hour of preparation time for each credit hour offered, and one credit of continuing education allowed for each hour of presentation time for each credit hour offered, all credit being subject to proper documentation. Documentation for this activity includes:

(i) course name;

(ii) teaching format (in person, webinar, correspondence, online, etc.);

(iii) number of hours in the course;

(iv) a statement that demonstrates the activity is substantially related to your role as a massage therapist;

(v) number of hours preparing the course not to exceed the number of course hours;

(vi) the date and location of the course taught; and

(vii) the course outline;

(c) published articles or books applicable to the practice of massage authored by the licensee with the hours awarded as determined at the discretion of the board. Documentation for this activity includes:

(i) a copy of the publication;

(ii) the source of publication;

(iii) the date of publication; and

(iv) number of credit hours requested;

(d) books, audio, or other media with the hours to be awarded as determined at the discretion of the board. Trade magazines and journals do not qualify for credit. Documentation for this activity includes:

(i) the title of the presentation;

(ii) the author of the presentation;

(iii) the number of pages in the book or number of hours' duration of the media;

(iv) a summary of what was learned from the presentation;

(v) notes regarding how this material applies to your massage therapy practice;

(vi) dates when the activity occurred; and

(vii) number of credit hours requested;

(e) cardiopulmonary resuscitation (CPR) with certificate;

(f) two hours per renewal cycle will be allowed for voluntarily attending the Montana Board of Massage Therapy meetings. Each licensee will be required to identify themselves at the board meeting and must be physically present or in person for at least two hours.

(6) Notices will be considered properly mailed when addressed to the last known address on file in the board office. No continuing education programs used to complete the previous reporting period may be used to meet the continuing education requirements for the next continuing education reporting period.

(7) If a licensee is unable to acquire sufficient continuing education credits to meet the requirements, he or she may request an exemption. All requests for exemptions will be considered by the board and evaluated on an individual basis.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-33-405, MCA
Implementing statute(s): 37-1-306, 37-33-405, MCA
History: NEW, 2010 MAR p. 2382, Eff. 10/15/10; AMD, 2018 MAR p. 1038, Eff. 5/26/18.

Subchapter 24.155.9 Unprofessional Conduct

Mont. Admin. R. 24.155.901 Unprofessional Conduct

(1) The following conduct is unprofessional conduct justifying disciplinary action against a licensee:

(a) incompetence, negligence, or use of any modality procedure in the practice of a profession which results in an unreasonable risk of physical injury to the client;

(b) accepting and performing massage therapy responsibilities which the licensee knows or has reason to know that he or she is not competent to perform;

(c) engaging in or soliciting sexual contact or sexual intercourse, as those terms are defined in 45-2-101, MCA, with a client, when such act or solicitation is related to the practice of massage therapy, or failing to refrain from any provision of ARM 24.155.902(6);

(d) advertising massage therapy services or instruction in a manner that is inaccurate, deceptive, sexually suggestive, or explicitly sexual;

(e) failing to adequately supervise auxiliary staff or massage therapy students to the extent that the consumer's health or safety is at risk;

(f) failing to comply with continuing education requirements set forth in ARM Title 24, chapter 155, or failing to supply continuing education documentation as requested by the board in accordance with applicable statutes and rules, or supplying misleading, incomplete, or false information relative to continuing education;

(g) failing to cooperate with an investigation that is the result of a complaint;

(h) failing to maintain records in accordance with ARM 24.155.402;

(i) violation of any of the provisions of statute or rule applicable to the practice of massage therapy; or

(j) failing to display licensee's license conspicuously in licensee's principal place of business while performing any activities related to massage therapy. Licensees with a mobile practice will show the license upon request by the client.

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, MCA
Implementing statute(s): 37-1-136, 37-1-316, 37-1-319, MCA
History: NEW, 2010 MAR p. 2382, Eff. 10/15/10; AMD, 2018 MAR p. 1038, Eff. 5/26/18; AMD, 2020 MAR p. 1327, Eff. 7/25/20.

Mont. Admin. R. 24.155.902 Standards of Practice and Code of Ethics

(1) PROFESSIONALISM. The licensee must provide optimal levels of professional therapeutic massage and bodywork services and demonstrate excellence in practice by promoting healing and well-being through responsible, compassionate, and respectful touch. In the licensee's professional role, the licensee shall:

(a) treat each client with respect, dignity, and worth;

(b) use professional verbal, nonverbal, and written communications;

(c) provide an environment that is safe and comfortable for the client and which, at a minimum, meets all legal requirements for health and safety;

(d) use standard precautions to ensure professional hygienic practices and maintain a level of personal hygiene appropriate for practitioners in the therapeutic setting;

(e) wear clothing that is clean, modest, and professional;

(f) obtain voluntary and informed consent from the client prior to initiating the session;

(g) if applicable, conduct an accurate needs assessment, develop a plan of care with the client, and update the plan as needed;

(h) use appropriate draping to protect the client's physical and emotional

privacy;

(i) be knowledgeable of the licensee's scope of practice and practice only within these limitations;

(j) refer to other professionals when in the best interest of the client and practitioner;

(k) seek other professional advice when needed;

(l) respect the traditions and practices of other professionals and foster collegial relationships; and

(m) not falsely impugn the reputation of any colleague.

(2) LEGAL AND ETHICAL REQUIREMENTS. The licensee must comply with all the legal requirements in applicable jurisdictions regulating the profession of therapeutic massage and bodywork. In the licensee's professional role, the licensee shall:

(a) obey all local, state, and federal laws;

(b) refrain from any behavior that results in illegal, discriminatory, or unethical actions;

(d) report to the proper massage therapy regulatory body within 30 days of discovery of any evidence, such as first-hand knowledge, indicating any unethical, incompetent, or illegal act committed by other licensees;

(e) maintain accurate and truthful records.

(3) CONFIDENTIALITY. The licensee shall respect the confidentiality of client information and safeguard all records. In the licensee's professional role, the licensee shall:

(a) protect the confidentiality of the client's identity and information in all conversations, advertisements, and any and all other matters unless disclosure of identifiable information is requested by the client in writing, is medically necessary, or is required by law;

(b) protect the interests of clients who are minors or clients who are unable to give voluntary and informed consent by obtaining prior written permission from a legal guardian;

(d) securely retain client files for a minimum period of four years from the termination of the therapeutic relationship; and

(e) dispose of client files in a secure manner.

(4) BUSINESS PRACTICES. The licensee shall practice with honesty, integrity, and lawfulness in the business of therapeutic massage and bodywork. In the licensee's professional role, the licensee shall:

(a) provide a physical setting that is safe and meets all applicable legal requirements for health and safety;

(b) maintain adequate progress notes for each client session, if applicable;

(d) honestly represent all professional qualifications and affiliations;

(e) promote the licensee's business with integrity and avoid potential and actual conflicts of interest;

(f) advertise in a manner that is honest, dignified, accurate and representative of services provided and remains consistent with board statutes and rules;

(g) advertise in a manner that is not misleading to the public and shall never use sensational, sexual, or provocative language and/or pictures to promote the licensee's business;

(h) comply with all laws regarding sexual harassment;

(i) not exploit the trust and dependency of others, including clients and employees/co-workers;

(j) disclose a schedule of fees in advance of the session;

(k) make financial arrangements in advance which are clearly understood by, and safeguard the best interests of, the client or consumer;

(l) follow Generally Accepted Accounting Principles;

(m) file all applicable municipal, state, and federal taxes;

(n) maintain accurate financial records, contracts and legal obligations, appointment records, tax reports, and receipts for the most recent three fiscal years;

(o) act in a manner that justifies public trust and confidence, enhances the reputation of the profession, and safeguards the interest of individual clients. The licensee will:

(i) have a sincere commitment to provide the highest quality of care to those who seek their professional services;

(ii) represent their qualifications honestly, including education and professional affiliations, and provide only those services that they are qualified to perform;

(iii) accurately inform clients, other health care practitioners, and the public of the scope and limitations of their discipline;

(iv) acknowledge the limitations of and contraindications for massage and bodywork and refer clients to appropriate health professionals;

(v) provide treatment only where there is reasonable expectation that it will be advantageous to the client;

(vi) consistently maintain and improve professional knowledge and competence, striving for professional excellence through regular assessment of personal and professional strengths and weaknesses and through continued education training;

(vii) conduct their business and professional activities with honesty and integrity, and respect the inherent worth of all persons;

(viii) refuse to unjustly discriminate against clients and/or health professionals;

(ix) safeguard the confidentiality of the client's identity and information in all conversations, advertisements, and any and all other matters unless disclosure of identifiable information is requested by the client in writing, is medically necessary, or is required by law;

(x) respect the client's right to treatment with informed and voluntary consent. The licensee will obtain and record the informed consent of the client, or client's advocate, before providing treatment. This consent may be written or verbal;

(xi) respect the client's right to refuse, modify, or terminate treatment regardless of prior consent given;

(xii) provide draping and treatment in a way that ensures the safety, comfort, and privacy of the client;

(xiii) exercise the right to refuse to treat any person or part of the body for just and reasonable cause;

(xiv) refrain, under all circumstances, from participating in a sexual relationship or sexual conduct with the client, whether consensual or otherwise, from the beginning of the client/therapist relationship and for a minimum of six months after the termination of the client therapist relationship, unless an ongoing current sexual relationship existed prior to the date the therapeutic relationship began;

(xv) avoid any interest, activity, or influence which might be in conflict with the practitioner's obligation to act in the best interests of the client or the profession;

(xvi) respect the client's boundaries with regard to privacy, disclosure, exposure, emotional expression, beliefs, and the client's reasonable expectations of professional behavior. Practitioners will respect the client's autonomy; and

(xvii) refuse any gifts or benefits that are intended to influence a referral, decision or treatment, or that are purely for personal gain and not for the good of the client.

(5) ROLES AND BOUNDARIES. The licensee shall adhere to ethical boundaries and perform the professional roles designed to protect both the client and the practitioner, and safeguard the therapeutic value of the relationship. In the licensee's professional role, the licensee shall:

(a) recognize the licensee's personal limitations and practice only within these limitations;

(b) recognize the licensee's influential position with the client and not exploit the relationship for personal or other gain;

(d) avoid dual or multidimensional relationships that could impair professional judgment or result in exploitation of a client, student, employee, supervisee, mentee, trainee, or anyone else with whom a power differential exists;

(e) acknowledge and respect the client's freedom of choice in the therapeutic session;

(f) respect the client's right to refuse the therapeutic session or any part of the therapeutic session;

(g) refrain from practicing under the influence of alcohol, drugs, or any illegal substances, with the exception of a prescribed dosage of prescription medication which does not impair the licensee;

(h) have the right to refuse and/or terminate the service to a client who is abusive or under the influence of alcohol, drugs, or any illegal substance; and

(i) have the right to refuse and/or terminate the service to a client who exhibits language or behavior which the therapist deems as an immediate or potential risk to the safety of the client, the licensee, or the therapeutic relationship.

(6) PREVENTION OF SEXUAL MISCONDUCT AND INAPPROPRIATE TOUCH. The licensee shall refrain from any behavior that sexualizes, or appears to sexualize, the client/therapist relationship. The licensee recognizes the intimacy of the therapeutic relationship may activate practitioner and/or client needs and/or desires that weaken boundaries which may lead to sexualizing the therapeutic relationship. In the licensee's professional role, the licensee shall:

(a) refrain from participating in a sexual relationship or sexual conduct with the client, whether consensual or otherwise, from the beginning of the client/therapist relationship and for a minimum of six months after the termination of the client/therapist relationship, unless an ongoing current sexual relationship existed prior to the date the therapeutic relationship began. In the case of a pre-existing ongoing sexual relationship, providing therapeutic massage and bodywork on such a person is discouraged, but may be done with informed consent which acknowledges the power differential in a therapeutic relationship and the complexities of dual relationships;

(b) in the event the client initiates sexual behavior, interrupt therapy to clarify the purpose of the therapeutic session. Provided that the client's initial sexual behavior ceases, the licensee may, at the licensee's discretion, take action to terminate or continue the session. The licensee shall terminate the session if the sexual conduct continues;

(c) with the exception of a pre-existing ongoing sexual relationship, as set forth in (a), recognize that sexual activity with clients, students, employees, supervisees, mentees, trainees, or anyone else with whom a power differential exists, is prohibited even if consensual;

(d) not touch the genitalia;

(e) only perform therapeutic treatments beyond the normal narrowing of the ear canal and normal narrowing of the nasal passages:

(i) as indicated in the plan of care; and

(ii) after receiving informed voluntary written consent;

(f) only perform therapeutic treatments in the oral cavity:

(i) as indicated in the plan of care; and

(ii) after receiving informed voluntary written consent;

(g) only perform therapeutic treatments into the anal canal:

(i) as indicated in the plan of care; and

(ii) after receiving informed voluntary written consent; and

(h) only provide therapeutic breast massage:

(i) as indicated in the plan of care; and

(ii) after receiving informed voluntary written consent.

(7) Any violation of this rule is unprofessional conduct and may subject a licensee to disciplinary proceedings.

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-136, 37-1-319, MCA
History: NEW, 2020 MAR p. 1327, Eff. 7/25/20.

Mont. Admin. R. 24.155.904 Anonymous Complaints

(1) Anonymous complaints will be viewed with greater skepticism than other complaints. The screening panel for the board is less likely to investigate an anonymous complaint to seek information regarding witnesses or other corroborative evidence. An anonymous complaint may also be dismissed whenever a reasonable basis for the use of anonymity is not apparent to the screening panel.

History

Authorizing statute(s): 37-1-131, 37-33-405, MCA
Implementing statute(s): 37-1-307, 37-1-308, MCA
History: NEW, 2014 MAR p. 1397, Eff. 6/27/14.

Chapter 24.156 Board of Medical Examiners

Subchapter 24.156.1 Organizational Rule

Mont. Admin. R. 24.156.101 Board Organization

(1) The Montana State Board of Medical Examiners adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, Eff. 3/7/75; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2001 MAR p. 1471.

Subchapter 24.156.2 Procedural Rules

Mont. Admin. R. 24.156.201 Procedural Rules

(1) The Montana State Board of Medical Examiners adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, Eff. 3/7/75; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2001 MAR p. 1471.

Mont. Admin. R. 24.156.202 Public Participation

(1) The Board of Medical Examiners adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1978 MAR p. 391, Eff. 3/25/78; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.156.203 Board Meetings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-204, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2017 MAR p. 487, Eff. 4/29/17.

Subchapter 24.156.4 General Provisions

Mont. Admin. R. 24.156.401 Medical Assistant – Delegation and Supervision

(1) A health care provider authorized by 37-3-104, MCA, may delegate administrative and clinical tasks which are within the delegating health care provider's scope of practice to medical assistants who:

(a) work in the delegating health care provider's office under the general supervision of the delegating health care provider; and

(b) are known by the delegating health care provider to possess the education, training, knowledge, and skill to perform the delegated tasks in keeping with the standard of medical care owed by the delegating health care provider to the patient.

(2) A health care provider's knowledge of a medical assistant's education, training, knowledge, and skill to perform delegated tasks may be evidenced by:

(a) documentation of the medical assistant's graduation from an accredited medical assistant program;

(b) completion of education and training courses which are substantially equivalent to curriculum taught by accredited medical assistant programs;

(c) the delegating health care provider's personal knowledge of instruction, training, and experience provided directly to the medical assistant by the delegating health care provider; or

(d) other objective evidence known to the health care provider.

(3) A health care provider delegating administrative and/or clinical tasks to a medical assistant shall:

(a) require that the medical assistant record in the patient's medical records:

(i) the identity of the medical assistant to whom the health care provider has delegated tasks included in the patient's care; and

(ii) the clinical tasks delegated to the medical assistant;

(b) ensure through oversight and supervision that the medical assistant's performance of the delegated tasks meets the standard of medical care owed by the delegating health care provider to the patient;

(c) personally provide onsite or direct supervision as defined by ARM 24.156.403 to a medical assistant to whom the health care provider has delegated:

(i) injections other than immunizations;

(ii) invasive procedures;

(iii) conscious sedation monitoring;

(iv) allergy testing;

(v) intravenous administration of blood products; or

(vi) intravenous administration of medication; and

(d) require medical assistants to wear a name badge which includes the title: "Medical Assistant".

(4) Health care providers shall not delegate to medical assistants:

(a) medical tasks which are outside the delegating health care provider's scope of practice;

(b) medical tasks which the delegating health care provider is not authorized to perform;

(d) medical tasks which the medical assistant is not qualified by education, training, knowledge, and skill to perform in keeping with the standard of medical care owed by the delegating health care provider to the patient; or

(e) who previously held a health care provider license of any kind in any jurisdiction which was restricted, suspended, revoked, or voluntarily relinquished in lieu of discipline for unprofessional conduct in a health care profession.

History

Authorizing statute(s): 37-3-104, 37-3-203, MCA
Implementing statute(s): 37-3-102, 37-3-104, MCA
History: NEW, 2018 MAR p. 2048, Eff. 10/20/18; AMD, 2022 MAR p. 1664, Eff. 8/6/22; AMD, 2023 MAR p. 1407, Eff. 10/21/23.

Mont. Admin. R. 24.156.402 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Medical Examiners publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption of this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-263, Eff. 11/8/25.

Mont. Admin. R. 24.156.403 Definitions and Abbreviations

(1) As used in this chapter, the following terms are defined:

(a) "Act" means the statutory provisions governing the licensee's scope of practice.

(b) "Applicant" means a person who has applied to take a licensing examination in Montana or who has applied for licensure in Montana.

(d) "Foreign medical graduate" means a graduate of a medical school that is listed in the World Health Directory of Medical Schools but is not located in a state or territory of the United States or the District of Columbia.

(e) "Health corps physician" means a physician who has applied to participate in the health corps and completed the registration requirements set by the board.

(f) "Intern," "in post-graduate year 1" or "PGY-1" means a person who:

(i) has graduated from an approved medical school;

(ii) is enrolled in a training program approved for first year post-graduates;

(iii) has passed USMLE Steps 1 and 2 or the AOA equivalent or holds a certificate from the ECFMG; and

(iv) is preparing for or awaiting the results of USMLE Step 3 or the AOA equivalent.

(g) "Licensee" means the current holder of an active license issued by the board.

(h) "Medical director" means a physician or physician assistant who holds a current unrestricted Montana license and is professionally and legally responsible for training, providing medical direction, and oversight of licensed ECPs under the medical director's supervision.

(i) "Medical student" means a person currently enrolled in or who has graduated from an approved medical school who has not yet entered PGY-1.

(j) "Postgraduate clinical experience" means the delivery of health care directly to patients, after licensure as a physician assistant, pursuant to a collaborative agreement with a physician or physician assistant.

(k) "Resident" means a person who:

(i) has the degree of medical doctor or doctor of osteopathy from an approved medical school;

(ii) is in post-graduate year 2 (PGY-2) or above;

(iii) has either completed the USMLE Steps 1 and 2 or the AOA equivalent or holds a certificate from the ECFMG; and

(iv) is enrolled in an approved residency program.

(l) "Retired," applicable to the Montana Health Corps Act, means no longer maintaining a private, institutional, or governmental practice for the purposes of monetary remuneration within the United States. Occasional locum tenens work for monetary remuneration will not disqualify a physician from retired status.

(m) "Standards of dietetic practice" means Academy of Nutrition and Dietetics Standards of Practice in Nutrition Care and Standards of Professional Performance for Registered Dietitian Nutritionists and the Academy of Nutrition and Dietetics/Commission on Dietetic Registration Code of Ethics for the Nutrition and Dietetics Profession.

(n) "Supervision" may be of the following types:

(i) "Direct supervision" means the supervisor is physically present with the person being supervised;

(ii) "On-site supervision" means the supervisor must be in the facility and quickly available to the person being supervised.

(o) "Surgery" means any procedure in which human tissue is cut or altered by mechanical or energy forms, including electrical or laser energy or ionizing radiation.

(2) As used in this chapter, the following abbreviations are identified:

(a) "ABMS" means the American Board of Medical Specialties.

(b) "ACGME" means the Accreditation Council for Graduate Medical Education.

(d) "CIHC" means community-integrated health care, as defined under 37-3-102, MCA.

(e) "ECFMG" means the Educational Commission for Foreign Medical Graduates.

(f) "ECP" means a licensed emergency care provider.

(g) "NPDB" means the National Practitioner Databank established by Public Law 99-660 (42 U.S.C. 11101, et seq.).

(h) "USDOT" means the United States Department of Transportation.

(i) "USMLE" means the United States Medical Licensing Examination or its successor.

History

Authorizing statute(s): 37-1-131, 37-3-203, 37-3-301, 37-3-802, 37-13-201, 37-25-201, MCA
Implementing statute(s): 37-1-131, 37-3-102, 37-3-201, 37-3-203, 37-3-301, 37-3-305, 37-3-307, 37-3-325, 37-3-326, 37-3-802, 37-3-804, 37-13-201, 37-13-302, 37-25-201, 37-25-302, MCA
History: NEW, 2022 MAR p. 1664, Eff. 8/6/22; AMD, 2024 MAR p. 273, Eff. 2/10/24; AMD, 2026 MAR, Notice No. 2025-446, Eff. 2/7/26.

Mont. Admin. R. 24.156.405 Unprofessional Conduct

(1) It is unprofessional conduct for a licensee or applicant to violate any statute, rule, or standard of care governing their scope of practice.

(2) In addition, the following is unprofessional conduct:

(a) failure to cooperate in any investigation of the board or to provide any information requested by the board or its agents;

(b) failure to report to the board within thirty days from the date of a final judgment, order, or agency action, all information related to malpractice, misconduct, criminal, or disciplinary action in which the licensee or applicant is a party;

(d) testifying in court on a contingency basis;

(e) administering, dispensing, prescribing, ordering, or otherwise diverting a controlled substance as defined by the federal Food and Drug Administration or its successors, otherwise than in the course of legitimate or reputable professional practice;

(f) regarding patient records, to fail to:

(i) appropriately secure records;

(ii) appropriately document patient care; or

(g) termination of an existing relationship with a patient for whatever reason without verifiable written notice prior to terminating the relationship, and sufficiently far in advance to allow other medical care to be secured;

(h) sexual abuse, sexual misconduct, or sexual exploitation by the licensee, whether or not related to the licensee's practice;

(i) failure to supervise, appropriately direct, or train individuals under the licensee's supervision according to applicable law, rule, or standards;

(j) failure to comply with an agreement entered into by the licensee with the medical assistance program;

(k) for physician assistants with fewer than 8,000 hours of postgraduate clinical experience, practicing without a collaborative agreement meeting the requirements of 37-20-203, MCA;

(l) while under investigation or during a pending complaint, in Montana or elsewhere, but prior to a determination:

(i) withdrawing an application for licensure, certification, or registration; or

(ii) voluntarily relinquishing or surrendering of professional or occupational license, certification, registration, or privileges;

(m) engaging in practice under a license issued by the board as the partner, agent, or employee of, or in joint venture with, a person who does not hold an equivalent license for practice. However, this rule does not prohibit:

(i) the incorporation of an individual licensee or group of licensees as a professional service corporation under Title 35, chapter 4, MCA, a professional limited liability company under Title 35, chapter 8, MCA, or a professional limited liability partnership under Title 35, chapter 10; or

(ii) practicing medicine as the partner, agent, or employee of, or in joint venture with, a licensed health care facility or other licensed health care provider; however:

(A) there must be a written agreement that the relationship may not affect the independent judgment of the licensee;

(B) the independent judgment of the licensee must, in fact, not be affected by the relationship; and

(C) the licensee may not be required to refer any patient to a particular provider or supplier or take any other action that the physician or physician assistant determines not to be in the patient's best interest;

(n) for physicians and physician assistants, involuntary loss of or failure to report to the board any involuntary loss of privileges, which exceeds 30 days, within 30 days;

(o) when used, failure to maintain a collaborative practice agreement meeting the requirements of 37-20-203, MCA;

(p) if currently enrolled in a residency program, failure to report to the board any loss of good standing imposed by a residency program.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-3-202, 37-6-106, 37-13-201, 37-25-201, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, 37-3-305, 37-3-323, 37-3-401, 37-3-405, 37-6-311, 37-25-201, MCA
History: NEW, 2022 MAR p. 1664, Eff. 8/6/22; AMD, 2024 MAR p. 273, Eff. 2/10/24; AMD, 2026 MAR, Notice No. 2025-446, Eff. 2/7/26; AMD, 2026 MAR, Notice No. 2026-269, Eff. 5/9/26.

Mont. Admin. R. 24.156.406 Administrative Suspension

(1) The board authorizes the department to:

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department's licensee lookup and license verification databank.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2023 MAR p. 1407, Eff. 10/21/23.

Mont. Admin. R. 24.156.407 Application for Licensure

(1) Each application for licensure from the board must include:

(a) a completed application form;

(b) the initial license fee; and

(2) The board's designee will obtain a query from the National Practitioner Data Bank. Applicants for podiatric licensure shall cause a disciplinary report from the Federation of Podiatric Medical Boards to be transmitted directly to the board.

(3) Applicants for initial licensure as a dietitian or nutritionist shall submit a full set of the applicant’s fingerprints to the board for the purpose of obtaining a state and federal criminal history background check in accordance with 37-25-311, MCA. The board may require a licensee renewing a nutritionist or dietitian license to submit a full set of the licensee's fingerprints for the same purpose, as authorized by 37-25-311, MCA.

(4) An applicant licensed in any other jurisdiction at any time shall cause the other jurisdictions to submit a current verification of licensure directly to the board.

(5) An applicant may voluntarily withdraw their application by written request if the application has not appeared on a board agenda. Application fees are not refundable.

History

Authorizing statute(s): 37-1-131, 37-3-203, 37-6-106, 37-20-202, 37-25-201, MCA
Implementing statute(s): 37-1-131, 37-6-302, 37-20-203, 37-20-302, 37-20-402, 37-25-302, 37-25-311, MCA
History: NEW, 2022 MAR p. 1664, Eff. 8/6/22; AMD, 2026 MAR, Notice No. 2026-207, Eff. 5/9/26.

Mont. Admin. R. 24.156.409 Fee Schedule

(1) Initial and active license renewal application fees:

(a) Dietitian $75

(b) Dietitian privilege to practice via compact 75

(d) Physician letter of qualification for interstate compact 300

(e) Resident 75

(f) Podiatrist 375

(g) Podiatrist ankle surgery certification 75

(h) Nutritionist 75

(i) Physician assistant 375

(j) Physician assistant privilege to practice via compact 375

(2) Inactive status license renewal application fees:

(a) Physician 190

(b) Podiatrist 190

(3) Inactive to active status conversion fees:

(a) Physician 185

(b) Podiatrist 185

(4) Montana Health Corps Registration 25

(5) Additional standardized fees to be charged are specified in ARM 24.101.403.

(6) All fees are nonrefundable.

History

Authorizing statute(s): 37-1-134, 37-3-203, 37-3-307, 37-3-308, 37-3-356, 37-3-802, 37-3-804, 37-6-106, 37-20-202, 37-25-201, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-3-305, 37-3-307, 37-3-308, 37-3-309, 37-3-313, 37-3-356, 37-3-804, 37-6-302, 37-20-302, 37-20-501, 37-25-302, 37-25-401, MCA
History: NEW, 2022 MAR p. 520, Eff. 4/16/22; AMD, 2022 MAR p. 1664, Eff. 8/6/22; AMD, 2023 MAR p. 1407, Eff. 10/21/23; AMD, 2026 MAR, Notice No. 2025-446, Eff. 2/7/26; AMD, 2026 MAR, Notice No. 2026-207, Eff. 5/9/26.

Mont. Admin. R. 24.156.410 Fee Abatement

(1) The Board of Medical Examiners adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2005 MAR p. 2676, Eff. 12/23/05.

Mont. Admin. R. 24.156.415 Military Training or Experience

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 1259, Eff. 6/13/14; REP, 2023 MAR p. 1407, Eff. 10/21/23.

Mont. Admin. R. 24.156.418 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.156.419 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with the following modification:

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.156.425 Medical Direction

(1) Within 60 days of taking on the responsibilities of providing medical oversight as a medical director to an individual or group of ECPs, a physician or physician assistant shall:

(a) notify the board they are providing medical direction to ECPs on a form provided by the board; and

(b) provide proof of completion of a board-approved medical director training program or a board-approved exemption from the training on a form provided by the board.

(2) The medical director shall be responsible for the overall medical care provided by the ECPs for whom the director agrees to provide medical oversight.

(3) The medical director overseeing an ECP may grant or restrict the ECP's practice or utilization of any endorsement.

(4) The medical director must maintain and have access to records of all ECPs for whom the director provides medical oversight. These records must document:

(a) the name, address, and current Montana licensure of the ECP, including any endorsements;

(b) date when medical oversight began and at what level the ECP is authorized to practice; and

(c) any changes to limit or approve the ECP's authorization to function at the ECP's current licensure level including endorsement(s).

(5) The medical director must develop a process to continuously meet the applicable standard of medical practice and patient care. This process may include regular review of patient care reports (PCR), direct observation of care, skills demonstrations, and ongoing involvement in ECP education. Documentation of these activities must be maintained by the medical director.

(6) The medical director is responsible for assessing competency of skills required for endorsements held by ECPs under the medical director's supervision and shall sign an affidavit stating such competence as required under ARM 24.112.2101.

(7) A medical director may assign duties where appropriate, but retains the responsibility for all assigned duties. This includes delegation of:

(a) local offline medical direction responsibilities to another unrestricted Montana licensed physician or physician assistant; and

(b) maintenance of records required under (4).

(8) The medical director will approve and review the offering of online medical control which must be provided by any unrestricted Montana licensed physician or physician assistant who has been contacted for this purpose.

(9) A medical director shall provide written notice to the ECP and the board upon discontinuing medical oversight.

(10) The medical director shall be responsible for and approve a system to assure the inventory, storage, and security of all the medications utilized by the ECPs to whom the medical director provides medical oversight. The medical director may delegate the day-to-day duties where appropriate but retains overall responsibility.

(11) A medical director may not unilaterally alter a patient care plan developed by a physician, PA, or APRN for care provided by an ECP with a CIHC endorsement.

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-102, 37-3-203, 50-6-101, 50-6-105, 50-6-201, 50-6-301, 50-6-302, MCA
History: NEW, 2009 MAR p. 416, Eff. 4/17/09; AMD, 2013 MAR p. 120, Eff. 2/1/13; AMD, 2015 MAR p. 820, Eff. 6/26/15; AMD, 2017 MAR p. 487, Eff. 4/29/17; AMD, 2019 MAR p. 431, Eff. 4/27/19; AMD, 2020 MAR p. 679, Eff. 4/18/20; TRANS and AMD, from 24.156.2732, 2026 MAR, Notice No. 2025-446, Eff. 2/7/26.

Mont. Admin. R. 24.156.429 Qualification Criteria for Evaluation and Treatment Providers

(1) The physician assistance program will make appropriate referrals to qualified programs for evaluation and treatment based on the participant's needs.

(2) To be qualified, an evaluation program must meet the following criteria:

(a) possess the knowledge, experience, staff, and referral resources necessary to fully evaluate the forensic and clinical condition(s) of impairment in question;

(b) adhere to all applicable federal and state confidentiality statutes and regulations;

(i) no secondary gain may accrue to the evaluator dependent on evaluation findings/outcome;

(ii) there can be no current treatment relationship with the professional being evaluated; and

(iii) the evaluator cannot be affiliated with the entity requiring the evaluation;

(d) keep the physician assistance program fully advised throughout the evaluation process;

(e) have resources available to conduct a secondary intervention as indicated/needed at the time diagnoses and recommendations are discussed;

(f) have immediate access to medical and psychiatric hospitalization if needed;

(g) be able to arrange for timely intake and admission;

(h) fully disclose costs prior to admission;

(i) evaluate all causes of impairment, including:

(i) mental illness;

(ii) chemical dependency and other addictions;

(iii) dual diagnosis;

(iv) behavioral problems including: sexual harassment, disruptive behaviors, abusive behaviors, criminal conduct; and

(v) physical illness including: neurological disorders and geriatric decline;

(j) employ standardized psychological tests and questionnaires during the evaluation process;

(k) conduct comprehensive and discrete collateral interviews of colleagues and significant others to develop an unbiased picture of all circumstances, behavior, and functioning;

(l) make rehabilitation/treatment recommendations; and

(m) have resources and qualified staff to complete a multidisciplinary assessment if recommended.

(3) To be qualified, a treatment program must meet the following criteria:

(a) meet criteria as listed in (2);

(b) allow physician assistance program staff to visit the treatment site and the referred patients;

(c) maintain a business office capable of and willing to work with insurance providers and assist indigent physicians with payment plans;

(d) have a peer professional patient population and a staff accustomed to treating this population;

(e) make appropriate referrals when faced with a patient who has an illness/issue that is outside of the program's area of expertise;

(f) maintain a staff-to-patient ratio conducive to each patient receiving individualized attention;

(g) inform the physician assistance program throughout the treatment process through calls from the therapists involved, as well as written reports. Type and frequency of contact may be arranged with the physician assistance program, but in all cases should occur no less than monthly;

(h) include a strong family program;

(i) report immediately to the physician assistance program, a patient's threat to leave against medical advice, any discharges against medical advice, therapeutic discharges, any other irregular discharge or transfer, hospitalization, positive urine drug screen, noncompliance, significant change in treatment protocol, significant family or workplace issues, or other unusual occurrences;

(j) specifically, the staff must be vigilant in screening for, identifying, and diagnosing covert co-occurring addictions and comorbid psychiatric illnesses and address these concurrently with the presenting illness. This includes appropriately assessing and managing concurrent chronic pain diagnoses (in house, consultative, and/or referral capacity);

(k) use a multidisciplinary team approach and include psychological, psychiatric, and medical stabilization;

(l) provide disclosure of full fees upfront;

(m) offer a flexible payment plan for the varied income levels of participants, but the patient should make some financial investment into the treatment process;

(n) determine clinically justified length of residential stay;

(o) maintain complete and appropriate records to fully defend diagnoses, treatment, and recommendations; and

(p) provide discharge planning and coordination, including documentation of final diagnoses, recommendations for return to work, and aftercare recommendations.

(4) A treatment program that offers substance use disorder treatment must also meet the following:

(a) use an abstinence-based model with provision for appropriate psychoactive medication as prescribed. In rare cases that are refractory to abstinence-based treatment, alternative evidence-based approaches should be considered;

(b) make available, when a 12-step model is utilized for substance use disorders, appropriate therapeutic alternatives (acceptable to the physician assistance program) to participants with religious or philosophical objections;

(c) provide a strong family program. The family program component should focus on disease education, family dynamics, and supportive communities for family members. Family/significant other needs must be accessed early in the process and participation with family/significant other programs and family and individual therapy and treatment encouraged;

(d) offer treatment services that include:

(i) intervention and denial reduction;

(ii) detoxification; and

(iii) ongoing assessment and treatment of patient needs throughout treatment, with referral for additional specialty evaluation and treatment as appropriate;

(e) offer family treatment;

(f) offer group and individual therapy;

(g) offer educational programs;

(h) offer mutual support experience (e.g. AA/NA/etc.) and appropriate alternatives when indicated;

(i) develop a continuing care plan and sobriety support system for each participant;

(j) offer relapse prevention training;

(k) assess return to work/fitness to practice prior to discharge; and

(l) extend treatment options when indicated.

(5) The physician assistance program will maintain a current list of qualified programs available to accept referrals for evaluation and treatment.

History

Authorizing statute(s): 37-3-203, 37-1-131, MCA
Implementing statute(s): 37-3-203, MCA
History: NEW, 2010 MAR p. 2729, Eff. 11/27/10.

Mont. Admin. R. 24.156.430 Professional Assistance Program Purpose

(1) The Montana Board of Medical Examiners has established a program which provides assistance, rehabilitation, and after-care monitoring to all licensed health care providers under the jurisdiction of the board who are suspected and/or found to be physically or mentally impaired by habitual intemperance or the excessive use of addictive drugs, alcohol, or any other drug or substance, or by mental or chronic physical illness.

(2) The board encourages and shall permit the rehabilitation of licensees, if in the board's opinion, public health, safety, and welfare can be assured. Early intervention and referral are paramount to promoting public health, safety, and welfare.

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-201, 37-3-203, MCA
History: NEW, 2006 MAR p. 1957, Eff. 8/11/06.

Mont. Admin. R. 24.156.431 Reporting of Suspected Impairment

(1) Individuals, entities, or associations may report information to the board of the suspected impairment of a licensee or new license applicant, as provided in 37-3-203 and 37-3-401 , MCA.

(2) Individuals, entities, or associations may report information of suspected impairment of a licensee or new license applicant to the appropriate personnel of the professional assistance program established by the board in lieu of reporting to the board, as provided in 37-3-203 and 37-3-401 , MCA.

(3) Reports received by the board of suspected impaired licensees or license applicants may be referred to the professional assistance program at the board's discretion through the nondisciplinary track without formal disciplinary action against the licensee or license applicant.

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-201, 37-3-203, MCA
History: NEW, 2006 MAR p. 1957, Eff. 8/11/06.

Mont. Admin. R. 24.156.432 Protocol for Self-Reporting to a Board Endorsed Professional Assistance Program

(1) If a licensee or license applicant chooses to self-report to the board-established professional assistance program, and the professional assistance program has determined that the licensee or license applicant needs assistance or supervision, the licensee or license applicant shall be required to:

(a) enter into a contractual agreement with the professional assistance program for the specified length of time determined by the professional assistance program; and

(b) abide by all the requirements set forth by the professional assistance program.

(2) Self-reporting by a licensee or license applicant may still result in disciplinary action by the board, if:

(a) the professional assistance program determines that the self-reporting licensee or the license applicant poses a danger to themselves or to the public;

(b) the licensee or license applicant is noncompliant with a contractual agreement with the professional assistance program;

(c) the licensee or license applicant has not completed evaluation, treatment, or after-care monitoring as recommended by the professional assistance program; or

(d) the screening panel otherwise determines that disciplinary action is warranted.

(3) The professional assistance program shall notify the board, disclose the identity of the licensee or license applicant involved, and provide all facts and documentation to the board whenever:

(a) the licensee or license applicant:

(i) has committed an act described in 37-3-323 or 37-3-401 , MCA;

(ii) is noncompliant with a recommendation of the professional assistance program for evaluation, treatment, or after-care monitoring contract; or

(iii) is the subject of credible allegations that the licensee or license applicant has put a patient or the public at risk or harm; or

(b) the screening panel otherwise determines disciplinary action is warranted.

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-201, 37-3-203, MCA
History: NEW, 2006 MAR p. 1957, Eff. 8/11/06.

Mont. Admin. R. 24.156.433 Responsibilities of Professional Assistance Program

(1) The professional assistance program established by the board as set forth in 37-3-203 and 37-3-401 , MCA, shall fulfill the terms of its contract with the board, which will include, but not be limited to the following:

(a) providing two tracks for assistance of licensees and license applicants under the board's jurisdiction:

(i) a disciplinary track; and

(ii) a nondisciplinary track;

(b) providing recommendations to licensees and license applicants for appropriate evaluation and treatment facilities;

(c) recommending to the board terms and conditions of treatment, rehabilitation, and monitoring of licensees or license applicants known to the board; and

(d) monitoring all aftercare of participants under contract, to ensure public safety and compliance with agreed treatment recommendations propounded by one or more of the following:

(i) the board, through stipulations and/or final orders;

(ii) treatment centers; and

(iii) the professional assistance program established by the board.

(2) The professional assistance program shall consult with the board regarding professional assistance program processes and procedures to ensure program responsibilities are met, consistent with board orders, requests and contract terms.

(3) The professional assistance program shall provide information to and consult with the board upon the board's request.

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-201, 37-3-203, MCA
History: NEW, 2006 MAR p. 1957, Eff. 8/11/06.

Mont. Admin. R. 24.156.435 Protocol for Disciplinary Track

(1) All licensees or license applicants under the jurisdiction of the board who participate in the endorsed professional assistance program under the disciplinary track shall be reported to the board by name.

(2) A licensee or license applicant is placed in the disciplinary track by one or more of the following:

(a) as a condition of licensure imposed by a board final order;

(b) as a result of a sanction imposed by a board final order;

(d) pursuant to an agreement between the licensee and the screening panel; or

(e) pursuant to an agreement between the license applicant and the full board.

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-201, 37-3-203, MCA
History: NEW, 2006 MAR p. 1957, Eff. 8/11/06.

Mont. Admin. R. 24.156.438 Protocol for Nondisciplinary Track

(1) A licensee or license applicant under the jurisdiction of the board who participates in the professional assistance program under the nondisciplinary track shall be reported to the board by participant number.

(2) The identity of the participant who is noncompliant or refuses a reasonable request by the professional assistance program shall be reported to the board.

(3) If the board determined that a participant does not abide by all terms and conditions of the professional assistance program, the participant will be referred to the screening panel of the board for appropriate action under the disciplinary track.

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-201, 37-3-203, MCA
History: NEW, 2006 MAR p. 1957, Eff. 8/11/06.

Mont. Admin. R. 24.156.440 Reporting to the Board

(1) The screening panel of the board must receive a written compliance status report from the professional assistance program, at intervals established by the contract between the program and the board, regarding each program participant:

(a) under a monitoring agreement;

(b) referred to the program; or

(2) The full board shall receive a written compliance status report from the professional assistance program, at intervals established by contract between the program and the board, regarding each participant:

(a) under a monitoring agreement;

(b) referred to the program; or

(3) The identity of a participant in the nondisciplinary track must be reported to the full board by participant number except as required by ARM 24.156.438.

(4) The identity of a participant in the disciplinary track must be reported to the full board by name.

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-201, 37-3-203, MCA
History: NEW, 2006 MAR p. 1957, Eff. 8/11/06.

Mont. Admin. R. 24.156.441 Discharge Requirements

(1) The professional assistance program shall facilitate participant discharge from the program.

(2) The discharge criteria must be determined by the board in conjunction with the recommendations of the professional assistance program.

(3) The following are required upon discharge of a participant from the endorsed professional assistance program:

(a) report of the discharge of the participant to the board; and

(i) verification of satisfactory completion of monitoring, program requirements, and appropriate assurance of public safety;

(ii) completion of board final order terms and conditions with professional assistance recommendation for discharge and release;

(iii) request by a participant to transfer assistance into an appropriate endorsed professional assistance program in another jurisdiction, such transfer to be confirmed by the program.

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-201, 37-3-203, MCA
History: NEW, 2006 MAR p. 1957, Eff. 8/11/06.

Mont. Admin. R. 24.156.444 Relapse Reporting

(1) The professional assistance program shall define what constitutes "relapse" for each particular participant and determine if and when relapse has occurred.

(a) A participant who has a single episode of relapse and/or early detection of relapse with nominal substance abuse may be reported to the board by the professional assistance program.

(b) A participant who has a second or severe relapse must be reported by the professional assistance program to the board screening panel for review.

(2) Any of the following may be required by the board, upon the recommendation of the professional assistance program, when a participant suffers relapse:

(a) the participant may be required to withdraw from practice;

(b) the participant may undergo further recommended evaluation and/or treatment as determined by the professional assistance program;

(c) the participant's monitoring agreement required by the professional assistance program must be reassessed and may be modified;

(d) the participant may be required to comply with other recommendations of the professional assistance program; or

(e) the participant may be subject to discipline as imposed by a board final order.

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-201, 37-3-203, MCA
History: NEW, 2006 MAR p. 1957, Eff. 8/11/06.

Mont. Admin. R. 24.156.450 Management of Infectious Wastes

(1) Each person licensed by the board shall store, transport off premises, and dispose of infectious wastes, as defined in 75-10-1003, MCA, in accordance with the requirements set forth in 75-10-1005, MCA.

(2) Used sharps are properly packaged and labeled within the meaning of 75-10-1005, MCA, when this is done as required by the Occupational Safety and Health Administration (OSHA).

History

Authorizing statute(s): 37-1-131, 37-3-203, 37-6-106, 37-20-202, 37-25-201, 50-6-203 75-10-1006, MCA
Implementing statute(s): 37-1-131, 50-6-203, 75-10-1006, MCA
History: NEW, 2022 MAR p. 1664, Eff. 8/6/22; AMD, 2023 MAR p. 1407, Eff. 10/21/23.

Subchapter 24.156.5 Definitions - Schools - Students - Interns - Residents

Mont. Admin. R. 24.156.501 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-102, 37-3-201, 37-3-305, 37-3-307, 37-3-325, 37-3-326, MCA
History: Eff. 12/31/72; AMD, Eff. 3/7/75; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 1700, Eff. 8/31/90; AMD, 1992 MAR p. 2050, Eff. 9/11/92; AMD, 1995 MAR p. 2480, Eff. 11/23/95; AMD, 2000 MAR p. 3520, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2017 MAR p. 487, Eff. 4/29/17; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.502 Medical Schools

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-102, MCA
History: Eff. 12/31/72; AMD, Eff. 3/7/75; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2017 MAR p. 487, Eff. 4/29/17.

Mont. Admin. R. 24.156.503 Medical Student's Supervision and Permitted Activities

(1) All medical student practice shall be under the direct supervision of a Montana-licensed physician except patient care in an emergency room shall occur only in the physical presence of the supervising physician.

(2) A medical student may:

(a) assist the licensed physician in medical procedures in an office or hospital;

(b) assist the licensed physician in surgery;

(d) participate in medical research;

(e) prescribe medications with the supervising physician's co-signature;

(f) write or issue orders with the supervising physician's co-signature; and

(g) sign hospital records or patient charts with the supervising physician's co-signature.

(3) Either the medical school or the supervising physician shall carry malpractice insurance covering the medical student's practice during training.

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-102, 37-3-203, MCA
History: NEW, 2000 MAR p. 729, Eff. 2/25/00; TRANS, from ARM 8.28.1524, 2000 MAR p. 3520, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2017 MAR p. 487, Eff. 4/29/17.

Mont. Admin. R. 24.156.504 Internship

(1) An internship which is not an "approved internship" as defined by 37-3-102, MCA, may be approved upon investigation by the board at the expense of the applicant.

(2) The board may extend the time of internship beyond one year.

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-102, MCA
History: Eff. 12/31/72; AMD, Eff. 3/7/75; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2017 MAR p. 487, Eff. 4/29/17.

Mont. Admin. R. 24.156.505 Intern's Scope of Practice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-3-102, 37-3-203, MCA
History: NEW, 2000 MAR p. 729, Eff. 2/25/00; TRANS, from ARM 8.28.1525, 2000 MAR p. 3520, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2017 MAR p. 487, Eff. 4/29/17.

Mont. Admin. R. 24.156.506 Residency

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-102, MCA
History: Eff. 12/31/72; AMD, Eff. 3/7/75; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2017 MAR p. 487, Eff. 4/29/17.

Mont. Admin. R. 24.156.507 Resident's Scope of Practice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-3-102, 37-3-203, MCA
History: NEW, 2000 MAR p. 729, Eff. 2/25/00; TRANS, from ARM 8.28.1526, 2000 MAR p. 3520, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2017 MAR p. 487, Eff. 4/29/17.

Mont. Admin. R. 24.156.508 Approved Residency

(1) A residency is approved for purposes of 37-3-102(3), MCA, if the training program meets the following criteria:

(a) is in a hospital or clinic located in the United States; and

(b) has been approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association.

(2) Alternatively, a residency is approved if, upon investigation, the board finds that the residency:

(a) is approved by, or affiliated with, the World Health Organization;

(b) carries malpractice insurance; and

(c) requires residents to have sufficient fluency in spoken and written English to practice medicine with reasonable skill and safety.

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-3-102, 37-3-203, MCA
History: NEW, 2000 MAR p. 729, Eff. 2/25/00; TRANS, from ARM 8.28.1527, 2000 MAR p. 3520, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2014 MAR p. 2833, Eff. 11/21/14.

Mont. Admin. R. 24.156.509 Post-Graduates—supervision and Permitted Activities

(1) Physician supervision requirements and limitations on patient care by interns and residents shall adhere to the requirements set by the internship or residency program in which the post-graduate is enrolled.

(2) A resident who holds a Montana physician or resident license may practice outside of the residency program without the supervision of a Montana-licensed physician (i.e., "moonlight") with the permission of the residency program director.

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-102, 37-3-103, MCA
History: NEW, 2017 MAR p. 487, Eff. 4/29/17.

(i) National Board of Medical Examiners examination (NBME) Parts I and II, taken before January 1, 2000; or

(ii) Federation Licensing Examination (FLEX) Component I, taken before January 1, 2000; or

(iii) USMLE Steps I and II; and

(d) for foreign medical graduates not eligible for the fifth pathway, a passing score on ECFMG.

(2) USMLE Step III must be taken within seven years of the applicant's first examinations under (1)(c), unless the applicant is or has been a student in a recognized M.D./Ph.D. program in a field of biological sciences tested in the Step I content. Applicants seeking an exception to the seven-year rule shall present a verifiable and rational explanation for being unable to meet the seven-year limit.

(3) If an applicant fails to pass the first attempt at USMLE Step III, the applicant may be reexamined no more than five additional times.

(4) For exams taken prior to January 1, 2000, the board will accept the following combination of examinations, with passing scores on each:

(a) NBME Parts I, II, and III; or

(b) NBME Part I or USMLE Step 1, plus NBME Part II or USMLE Step 2, plus NBME Part III or USMLE Step 3; or

(d) FLEX Component 1 plus USMLE Step 3; or

(e) NBME Part I or USMLE Step 1, plus NBME Part II or USMLE Step 2, plus FLEX Component 2.

(5) For exams taken after January 1, 2000, the board will accept only USMLE Steps 1, 2, and 3.

(6) The board will accept an examination by the National Board of Examiners for Osteopathic Physicians and Surgeons, or its successor, with a passing score, regardless of date of examination.

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-305, 37-3-309, MCA
History: Eff. 12/31/72; AMD, Eff. 11/4/74; NEW, Eff. 3/7/76; AMD, 1979 MAR p. 801, Eff. 7/27/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 69, Eff. 1/28/83; AMD, 1985 MAR p. 687, Eff. 6/14/85; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2001 MAR p. 1474, Eff. 8/10/01; AMD, 2003 MAR p. 1636, Eff. 8/1/03; AMD, 2014 MAR p. 2833, Eff. 11/21/14; AMD, 2018 MAR p. 2048, Eff. 10/20/18.

Mont. Admin. R. 24.156.607 Graduate Training Requirements for Foreign Medical Graduates

(1) A license will not be granted to a foreign medical graduate unless:

(a) the graduate has had three years of post-graduate training education in a post-graduate institution that has been approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or successors; or

(b) the graduate has had three years of postgraduate training education in a program approved by or affiliated with the World Directory of Medical Schools or successors and has sufficient fluency in spoken and written English to practice medicine with reasonable skill and safety; or

(c) the graduate has been granted board certification by a specialty board which is approved by and a member of the American Board of Medical Specialties or the American Osteopathic Association, or provides verification of being a certificant of the College of Family Physicians of Canada, a fellow of the Royal College of Physicians, or a fellow of the Royal College of Surgeons.

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-305, MCA
History: NEW, 1985 MAR p. 687, Eff. 6/14/85; AMD, 1995 MAR p. 2480, Eff. 11/23/95; AMD, 1999 MAR p. 275, Eff. 2/12/99; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2014 MAR p. 2833, Eff. 11/21/14; AMD, 2026 MAR, Notice No. 2026-269, Eff. 5/9/26.

Mont. Admin. R. 24.156.608 Ecfmg Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-305, 37-3-306, 37-3-307, 37-3-311, MCA
History: NEW, Eff. 5/5/75; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 687, Eff. 6/14/85; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2023 MAR p. 1407, Eff. 10/21/23.

Mont. Admin. R. 24.156.609 Fifth Pathway Program

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-102, 37-3-306, 37-3-307, 37-3-309, MCA
History: NEW, Eff. 5/5/75; NEW, Eff. 3/7/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2023 MAR p. 1407, Eff. 10/21/23.

Mont. Admin. R. 24.156.610 Reciprocity

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-306, 37-3-307, 37-3-311, MCA
History: Eff. 12/31/72; NEW, Eff. 5/5/75; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 687, Eff. 6/14/85; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2010 MAR p. 1187, Eff. 5/14/10.

Mont. Admin. R. 24.156.611 Occasional Case Exemption (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-103, MCA
History: NEW, 2001 MAR p. 1475, Eff. 8/10/01; AMD, 2014 MAR p. 2833, Eff. 11/21/14; REP, 2026 MAR, Notice No. 2026-269, Eff. 5/9/26.

Mont. Admin. R. 24.156.612 Application for Temporary Non-Disciplinary Physician License

(1) A medical resident within six months of completing an approved residency program may apply for a physician license and must:

(a) submit a completed application on a form approved by the board;

(b) provide verification from an approved residency program that the applicant is in good standing and expected to complete the residency program within six months of the date of application;

(d) provide to the board any additional information the board or the board's designee deems necessary to evaluate the applicant's eligibility for licensure.

History

Authorizing statute(s): 37-3-203, 37-3-301, 37-3-305, MCA
Implementing statute(s): 37-3-301, 37-3-305, MCA
History: NEW, 2017 MAR p. 487, Eff. 4/29/17; AMD, 2023 MAR p. 1407, Eff. 10/21/23.

Mont. Admin. R. 24.156.613 Application for Physician Licensure in Another State Via Interstate Compact

(1) A Montana-licensed physician who wishes to apply for expedited licensure in another state that is a member of the Interstate Medical Licensure Compact shall:

(a) submit a completed application on a form approved by the board;

(b) pay an application fee for licensure in another state via interstate compact per ARM 24.156.409; and

(2) Upon receiving an application for expedited licensure via the Interstate Medical Licensure Compact, the department shall:

(a) conduct a review of qualifications and a criminal background check as required by 37-3-356, MCA; and

(b) inform the Interstate Medical Licensure Compact Commission whether or not the applicant meets the qualifications of 37-3-356, MCA.

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-356, MCA
History: NEW, 2017 MAR p. 487, Eff. 4/29/17; AMD, 2023 MAR p. 1407, Eff. 10/21/23.

Mont. Admin. R. 24.156.615 Renewals

(1) All licensees will renew for a period of two years.

(2) A physician actively engaged in the practice of medicine with an active license shall pay a license renewal fee. If the physician does not pay the license renewal fee and return the required renewal before the date set by ARM 24.101.413, the physician must pay the late penalty fee specified in ARM 24.101.403 in order to renew the physician's license.

(3) A physician with an active license who is not actively engaged in the clinical practice of medicine in this state, or who is absent from this state for a period of one or more years, may renew as an inactive licensee and pay the inactive fee listed in ARM 24.156.409.

(a) A physician seeking to renew an inactive Montana license as an active license (reactivate), and who has ceased the clinical practice of medicine in all jurisdictions for the two or more years during which the license has been inactive preceding the request for reactivation, must seek reactivation pursuant to ARM 24.156.618.

(4) The provisions of ARM 24.101.408 apply.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-1-141, 37-1-319, MCA
History: NEW, Eff. 3/7/76; AMD, 1979 MAR p. 40, Eff. 1/26/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1389, Eff. 7/16/82; AMD, 1982 MAR p. 1739, Eff. 10/1/82; AMD, 1985 MAR p. 687, Eff. 6/14/85; AMD, 1989 MAR p. 395, Eff. 3/31/89; AMD, 1990 MAR p. 1700, Eff. 8/31/90; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 505, Eff. 4/27/07; AMD, 2010 MAR p. 1187, Eff. 5/14/10; AMD, 2014 MAR p. 595, Eff. 3/28/14; AMD, 2018 MAR p. 2048, Eff. 10/20/18; AMD, 2023 MAR p. 1407, Eff. 10/21/23.

Mont. Admin. R. 24.156.616 Registry

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-3-203, 37-3-802, MCA
Implementing statute(s): 37-3-205, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2010 MAR p. 73, Eff. 1/15/10; REP, 2023 MAR p. 1407, Eff. 10/21/23.

Mont. Admin. R. 24.156.617 License Categories

(1) If the board determines that an applicant or licensee possesses the qualifications for licensure required under Title 37, chapter 3, MCA, the board may instruct the department to issue licenses in the following categories:

(a) active license;

(b) inactive license; or

(2) An active license is required for a physician actively practicing medicine in this state at any time during the renewal period.

(a) The term "actively practicing medicine" means the exercise of any activity or process identified in 37-3-102, MCA.

(3) An active license is required for a physician participating in the Montana health corps.

(4) An inactive license may be obtained by a physician who is not actively practicing medicine in this state, and does not intend to actively practice medicine in this state at any time during the current renewal period, but may wish to reactivate in the next renewal period.

(a) To renew a license on inactive status, a physician must pay a fee prescribed by the board, and complete the renewal prior to the date set by ARM 24.101.413.

(b) If both the renewal fee and completed renewal are not returned prior to the date specified in ARM 24.101.413, the physician must pay the late penalty fee specified in ARM 24.101.403 in order to renew the license.

(5) An inactive-retired license may be renewed by the renewal date set in ARM 24.101.413 through March 31, 2016, after which date the inactive-retired status no longer will be granted.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-3-203, 37-3-802, 37-3-804, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-319, 37-3-305, 37-3-802, 37-3-804, MCA
History: NEW, 1996 MAR p. 3213, Eff. 12/20/96; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 73, Eff. 1/15/10; AMD, 2010 MAR p. 1506, Eff. 5/14/10; AMD, 2014 MAR p. 596, Eff. 3/28/14; AMD, 2023 MAR p. 1407, Eff. 10/21/23.

Mont. Admin. R. 24.156.618 Reactivation of License

(1) A physician seeking to reactivate a Montana license, which has been inactive for the two or more years preceding the request for reactivation, and who has ceased the clinical practice of medicine in all jurisdictions for the entire time during which the license has been inactive, may be required to do one or more of the following:

(a) practice for a specified period of time under a mentor/supervising physician who will provide periodic reports to the board;

(b) obtain certification or recertification by a specialty board recognized by the American Board of Medical Specialties (ABMS) or the American Osteopathic Association's Bureau of Osteopathic Specialists (AOA-BOS);

(c) complete one year of accredited postgraduate or clinical fellowship training, which must be preapproved by the board;

(d) pass the Special Purpose Examination (SPEX) or the Comprehensive Osteopathic Medical Variable Purpose Examination (COMVEX). The applicant who fails the SPEX or COMVEX examination three times, whether in Montana or other states, must successfully complete one year of an accredited residency or an accredited or board-approved clinical training before retaking the SPEX or COMVEX examination;

(e) undergo a competency evaluation by an entity approved by the board;

(i) if deemed necessary, complete a reentry plan that has been approved by the board prior to the applicant beginning the plan, to the satisfaction of the board;

(f) complete any other requirements as determined by the board; and

(g) pay the difference between the fee for an inactive and active license.

(2) A physician seeking to reactivate a Montana license, which has been inactive for the two or more years preceding the request for activation, and who has practiced medicine on an active license in another state or jurisdiction for the five years preceding the request to reactivate, may be required to appear before the board, and must:

(a) provide verification of one or more active licenses maintained during the time period the physician has held an inactive Montana license;

(b) identify all locations and dates of practice during the five years preceding the request for reactivation; and

(3) A physician seeking to participate in the Montana health corps and holding an active license, who has ceased the clinical practice of medicine for two or more years preceding the health corps application date, is required to comply with the requirements set forth in (1).

History

Authorizing statute(s): 37-1-319, 37-3-203, 37-3-802, MCA
Implementing statute(s): 37-1-319, 37-3-101, 37-3-202, 37-3-802, MCA
History: NEW, 1992 MAR p. 1607, Eff. 7/31/92; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2010 MAR p. 73, Eff. 1/15/10; AMD, 2010 MAR p. 1506, Eff. 5/14/10; AMD, 2012 MAR p. 2464, Eff. 12/7/12; AMD, 2014 MAR p. 596, Eff. 3/28/14.

Mont. Admin. R. 24.156.619 Obligation to Report to Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-3-202, MCA
*Implementing statute(s): *
History: 37-1-131, 37-1-319, 37-3-323, 37-3-401, 37-3-405, MCA; NEW, 2012 MAR p. 2464, Eff. 12/7/12; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.625 Unprofessional Conduct

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-3-202, 37-3-305, 37-3-309, 37-3-323, MCA
History: NEW, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2004 MAR p. 731, Eff. 1/30/04; AMD, 2014 MAR p. 2833, Eff. 11/21/14; AMD, 2017 MAR p. 487, Eff. 4/29/17; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.626 Revocation or Suspension Proceedings

(1) In those cases brought pursuant to the provisions of 37-3-323, MCA, such proceedings may be initiated by any person or a member of the board by the filing of a written, signed complaint in which the charge or charges against the licensee are stated separately and with particularity. Such a complaint may be delivered to and filed with the board by any person of legal age or may be delivered to and filed with the board by the executive officer of the board or by the attorney for the board.

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-323, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2017 MAR p. 487, Eff. 4/29/17.

Mont. Admin. R. 24.156.627 Reinstatement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-3-324, MCA
History: NEW, Eff. 12/31/74; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 1700, Eff. 8/31/90; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2017 MAR p. 487, Eff. 4/29/17.

Mont. Admin. R. 24.156.628 Management of Infectious Wastes

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-3-203, 75-10-1006, MCA
Implementing statute(s): 37-1-131, 75-10-1006, MCA
History: NEW, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2010 MAR p. 1187, Eff. 5/14/10; REP, 2023 MAR p. 1407, Eff. 10/21/23.

Mont. Admin. R. 24.156.629 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-3-203, 37-3-802, MCA
Implementing statute(s): 37-1-131, 37-3-802, 37-3-804, MCA
History: NEW, 2010 MAR p. 73, Eff. 1/15/10; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.630 Application for Participation in Health Corps

(1) An applicant who holds an active license to practice medicine in the State of Montana and who wants to participate in the health corps program shall:

(a) complete and return a registration form approved by the board, together with accompanying documentation; and

(b) submit a registration fee.

History

Authorizing statute(s): 37-1-131, 37-3-203, 37-3-802, 37-3-804, MCA
Implementing statute(s): 37-1-131, 37-3-802, 37-3-804, MCA
History: NEW, 2010 MAR p. 73, Eff. 1/15/10; AMD, 2023 MAR p. 1410, Eff. 10/21/23.

Mont. Admin. R. 24.156.631 Fees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-3-203, 37-3-802, 37-3-804, MCA
Implementing statute(s): 37-1-134, 37-3-804, MCA
History: NEW, 2010 MAR p. 73, Eff. 1/15/10; REP, 2022 MAR p. 520, Eff. 4/16/22.

Mont. Admin. R. 24.156.632 Failure to Complete Application and Registration

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-309, 37-3-802, 37-3-804, MCA
History: NEW, 2010 MAR p. 73, Eff. 1/15/10; REP, 2023 MAR p. 1410, Eff. 10/21/23.

Mont. Admin. R. 24.156.633 Health Corp Participation Registration

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-3-203, 37-3-802, MCA
Implementing statute(s): 37-1-131, 37-3-802, 37-3-804, MCA
History: NEW, 2010 MAR p. 73, Eff. 1/15/10; REP, 2023 MAR p. 1410, Eff. 10/21/23.

Mont. Admin. R. 24.156.634 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-3-203, 37-3-802, 37-3-804, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-3-802, 37-3-804, MCA
History: NEW, 2010 MAR p. 73, Eff. 1/15/10; REP, 2023 MAR p. 1410, Eff. 10/21/23.

Mont. Admin. R. 24.156.635 Scope of Practice of Health Corps Participants

(1) A physician who holds an active license to practice medicine in Montana, as a health corps volunteer, may practice medicine within the scope of their training and experience by providing outpatient care to eligible individuals.

(2) Health corps physicians shall provide a written disclosure on the limitation on legal liability to patients of the health corps program.

History

Authorizing statute(s): 37-1-131, 37-3-203, 37-3-802, 37-3-804, MCA
Implementing statute(s): 37-1-131, 37-3-310, 37-3-802, 37-3-804, 37-3-806, MCA
History: NEW, 2010 MAR p. 73, Eff. 1/15/10; AMD, 2023 MAR p. 1410, Eff. 10/21/23.

Mont. Admin. R. 24.156.636 Sanctions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-325, 37-3-807, MCA
History: NEW, 2010 MAR p. 73, Eff. 1/15/10; REP, 2023 MAR p. 1410, Eff. 10/21/23.

Mont. Admin. R. 24.156.637 Referrals to Health Corps

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-3-203, 37-3-802, 37-3-804, 37-3-805, MCA
Implementing statute(s): 37-3-802, 37-3-805, MCA
History: NEW, 2010 MAR p. 73, Eff. 1/15/10; REP, 2023 MAR p. 1410, Eff. 10/21/23.

Mont. Admin. R. 24.156.640 Medical Assistant

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-3-104, 37-3-203, MCA
Implementing statute(s): 37-3-104, MCA
History: NEW, 2006 MAR p. 759, Eff. 3/24/06; REP, 2018 MAR p. 2048, Eff. 10/20/18.

(a) by an in-person medical interview and physical examination when the standard of care requires an in-person encounter;

(b) by consultation with another licensee or health care provider who has a documented relationship with the patient and who agrees to participate in, or supervise, the patient's care; or

(4) The licensee using telemedicine in patient care may prescribe Schedule II drugs in compliance with Drug Enforcement Agency requirements and 37-20-404, MCA.

(5) The licensee using telemedicine in patient care shall:

(a) make available to the patient verification of the licensee's identity and credentials;

(b) verify the identity of the patient;

(d) obtain a medical history sufficient for diagnosis and treatment in keeping with the applicable standard of care prior to providing treatment or issuing prescriptions, or delegating the patient's medical services to other health care providers;

(e) delegate the patient's medical care only to health care providers:

(i) who are known by the licensee to be qualified and competent to perform the delegated services;

(ii) with whom the patient has an established provider-patient relationship; or

(iii) who have physical or electronic access to the licensee for consultation and follow-up while the patient is under the licensee's or the delegee's care;

(f) securely maintain and make timely available:

(i) to the patient or the patient's representative all relevant medical and billing records received or produced in connection with the patient's care; and

(ii) to other health care providers all medical records received or produced in connection with the patient's care.

History

Authorizing statute(s): 37-3-203, 37-3-301, MCA
Implementing statute(s): 37-3-301, MCA
History: NEW, 2018 MAR p. 2048, Eff. 10/20/18; AMD, 2024 MAR p. 273, Eff. 2/10/24.

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-5-307, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from ARM Title 8, Ch. 38, 1982 MAR p. 1391, Eff. 7/16/82; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2007 MAR p. 506, Eff. 4/27/07.

Subchapter 24.156.10 Podiatry

Mont. Admin. R. 24.156.1001 Application for Licensure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-3-203, 37-6-106, MCA
Implementing statute(s): 37-6-302, MCA
History: NEW, 2017 MAR p. 487, Eff. 4/29/17; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1002 Fees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-6-106, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-6-302, MCA
History: NEW, 1982 MAR p. 1392, Eff. 7/16/82; AMD, 1992 MAR p. 1607, Eff. 7/31/92; AMD, 1995 MAR p. 2480, Eff. 11/23/95; AMD, 1999 MAR p. 1766, Eff. 8/13/99; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 1187, Eff. 5/14/10; AMD, 2015 MAR p. 820, Eff. 6/26/15; AMD, 2018 MAR p. 2048, Eff. 10/20/18; REP, 2022 MAR p. 520, Eff. 4/16/22.

Mont. Admin. R. 24.156.1003 Ankle Surgery Certification

(1) Ankle surgery certification will be granted to a doctor of podiatric medicine licensed to practice in Montana, or to an otherwise qualified applicant for a license to practice podiatric medicine in Montana, who makes application on forms provided by the board, and who:

(a) submits proof of certification by the American Board of Foot and Ankle Surgery or its successor(s) in foot and ankle surgery or reconstructive rearfoot/ankle surgery; or

(b) submits proof of current licensure or certification to perform ankle surgery in another state whose licensing standards at the time the license or certificate was issued were essentially equivalent, in the judgment of the board, to those of this state; or

(c) submits proof of completion of a podiatric surgical residency approved in the year of the candidate's residency by the Council on Podiatric Medical Education or the American Board of Foot and Ankle Surgery or its successor(s), and submits evidence satisfactory to the board of not fewer than 25 ankle surgeries performed by the applicant and proctored by a primary surgeon of record who is an orthopedic surgeon with foot and ankle experience or a doctor of podiatric medicine with ankle surgery certification within the five years immediately preceding the application.

(2) The applicant shall submit a nonrefundable fee of $100 with the application for certification in ankle surgery.

History

Authorizing statute(s): 37-6-106, MCA
Implementing statute(s): 37-6-107, MCA
History: NEW, 1995 MAR p. 2480, Eff. 11/23/95; AMD, 2001 MAR p. 1094, Eff. 6/22/01; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2018 MAR p. 2048, Eff. 10/20/18.

Mont. Admin. R. 24.156.1004 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-1-141, 37-6-106, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-6-304, MCA
History: NEW, 1992 MAR p. 1607, Eff. 7/31/92; AMD, 1997 MAR p. 2197, Eff. 12/2/97; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 1187, Eff. 5/14/10; REP, 2017 MAR p. 487, Eff. 4/29/17.

Mont. Admin. R. 24.156.1005 Unprofessional Conduct

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-6-106, MCA
Implementing statute(s): 37-1-316, 37-6-311, MCA
History: NEW, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2014 MAR p. 2833, Eff. 11/21/14; AMD, 2017 MAR p. 487, Eff. 4/29/17; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1006 Management of Infectious Wastes

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-6-106, 75-10-1006, MCA
Implementing statute(s): 37-1-131, 75-10-1006, MCA
History: NEW, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2010 MAR p. 1187, Eff. 5/14/10; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1007 Obligation to Report to Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-6-106, MCA
*Implementing statute(s): *
History: 37-1-131, 37-1-319, 37-6-311, MCA; NEW, 2012 MAR p. 2464, Eff. 12/7/12; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1008 Podiatry Postgraduate Training

(1) "Equivalent experience or training" per 37-6-302(2)(c), MCA, means:

(a) successful completion of a 12-month preceptorship in a jurisdiction that statutorily authorizes preceptorships and sets standards in rule for preceptor clinical affiliation, scope of preceptor practice, and standards for review and completion of the program;

(b) a minimum of three years of active clinical practice in another jurisdiction or in the armed forces with licensing standards substantially equivalent to or greater than the standards in this state;

(d) a minimum of two years of full-time teaching in a college of podiatric medicine subsequent to receipt of the degree of doctor of podiatric medicine; or

(e) successful evaluation of clinical competency in a program approved by the board prior to initiation of evaluation.

History

Authorizing statute(s): 37-3-203, 37-6-106, MCA
Implementing statute(s): 37-6-302, MCA
History: NEW, 2014 MAR p. 2833, Eff. 11/21/14.

Subchapter 24.156.13 Nutrition Practice Rules

Mont. Admin. R. 24.156.1301 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-25-201, MCA
Implementing statute(s): 37-25-201, 37-25-302, MCA
History: NEW, 1988 MAR p. 823, Eff. 4/29/88; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2010 MAR p. 1187, Eff. 5/14/10; AMD, 2014 MAR p. 2833, Eff. 11/21/14; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1302 Fees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-25-201, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-25-302, MCA
History: NEW, 1988 MAR p. 823, Eff. 4/29/88; AMD, 1992 MAR p. 1607, Eff. 7/31/92; AMD, 1995 MAR p. 2480, Eff. 11/23/95; AMD, 1997 MAR p. 2197, Eff. 12/2/97; AMD, 1999 MAR p. 1766, Eff. 8/13/99; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 1187, Eff. 5/14/10; AMD, 2015 MAR p. 820, Eff. 6/26/15; REP, 2022 MAR p. 520, Eff. 4/16/22.

Mont. Admin. R. 24.156.1303 Licensure Application

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-25-201, MCA
Implementing statute(s): 37-25-302, MCA
History: NEW, 1988 MAR p. 823, Eff. 4/29/88; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1304 Application for Licensure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-25-201, MCA
Implementing statute(s): 37-1-131, 37-25-302, MCA
History: NEW, 1988 MAR p. 823, Eff. 4/29/88; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2014 MAR p. 2833, Eff. 11/21/14; AMD, 2017 MAR p. 487, Eff. 4/29/17; AMD, 2020 MAR p. 679, Eff. 4/18/20; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1305 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-25-201, MCA
Implementing statute(s): 37-1-134, 37-1-141, MCA
History: NEW, 1988 MAR p. 823, Eff. 4/29/88; AMD, 1992 MAR p. 1607, Eff. 7/31/92; AMD, 1997 MAR p. 2197, Eff. 12/2/97; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 1187, Eff. 5/14/10; REP, 2017 MAR p. 487, Eff. 4/29/17.

Mont. Admin. R. 24.156.1306 Standards of Professional Practice

(1) A dietitian licensee shall conform to generally accepted standards of practice under 37-1-316, MCA, including those promulgated by or under the Academy of Nutrition and Dietetics or Commission on Dietetic Registration, and other professional or governmental bodies.

(2) A nutritionist licensee shall conform to generally accepted standards of practice under 37-1-316, MCA, including those promulgated by or under the Board for Certification of Nutrition Specialists, and other professional or governmental bodies.

History

Authorizing statute(s): 37-1-131, 37-25-201, MCA
Implementing statute(s): 37-1-131, 37-25-201, 37-25-301, MCA
History: NEW, 1988 MAR p. 823, Eff. 4/29/88; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2008 MAR p. 807, Eff. 4/25/08; AMD, 2010 MAR p. 1187, Eff. 5/14/10; AMD, 2014 MAR p. 2833, Eff. 11/21/14; AMD, 2017 MAR p. 487, Eff. 4/29/17; AMD, 2022 MAR p. 1664, Eff. 8/6/22; AMD, 2026 MAR, Notice No. 2026-207, Eff. 5/9/26.

Mont. Admin. R. 24.156.1307 Unprofessional Conduct

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-25-201, MCA
Implementing statute(s): 37-1-316, 37-25-308, MCA
History: NEW, 1996 MAR p. 269, Eff. 11/23/95; TRANS, 1996 MAR p. 2279, Eff. 8/23/96; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2014 MAR p. 2833, Eff. 11/21/14; AMD, 2017 MAR p. 487, Eff. 4/29/17; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1308 Management of Infectious Wastes

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-25-201, 75-10-1006, MCA
Implementing statute(s): 37-1-131, 75-10-1006, MCA
History: NEW, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2010 MAR p. 1187, Eff. 5/14/10; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1309 Obligation to Report to the Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-25-201, MCA
Implementing statute(s): 37-1-131, 37-25-201, MCA
History: NEW, 2010 MAR p. 1187, Eff. 5/14/10; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1310 Application for Compact Privilege Via Dietitian Licensure Compact

(1) A Montana-licensed dietitian who wishes to apply for compact privilege in another state that is a member of the Dietitian Licensure Compact shall:

(a) submit a completed application on a form approved by the board;

(b) pay an application fee for compact privilege in another state via the Dietitian Licensure Compact per ARM 24.156.409; and

(2) Upon receiving an application for compact privilege to practice in Montana via the Dietitian Licensure Compact, the department shall:

(a) conduct a review of qualifications and a criminal background check as required by 37-25-313, MCA; and

(b) inform the Dietitian Licensure Compact Commission whether or not the applicant meets the qualifications of 37-25-401, MCA.

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-25-313, 37-25-401, MCA
History: NEW, 2026 MAR, Notice No. 2026-207, Eff. 5/9/26.

Authorizing statute(s): 37-1-131, 37-1-319, 37-13-201, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-13-201, MCA
History: NEW, 2012 MAR p. 504, Eff. 2/24/12; REP, 2021 MAR p. 1057, Eff. 8/28/21.

Subchapter 24.156.16 Physician Assistant - Scope of Practice

Mont. Admin. R. 24.156.1601 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-202, MCA
Implementing statute(s): 37-20-101, 37-20-301, 37-20-403, MCA
History: NEW, 1982 MAR p. 485, Eff. 3/12/82; AMD, 1993 MAR p. 341, Eff. 3/12/93; AMD, 1994 MAR p. 1582, Eff. 6/10/94; AMD, 1999 MAR p. 277, Eff. 2/12/99; AMD, 2000 MAR p. 627, Eff. 2/25/00; AMD, 2000 MAR p. 3520, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2006 MAR p. 1958, Eff. 8/11/06; AMD, 2021 MAR p. 65, Eff. 1/16/21; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1602 Board Policy

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-201, MCA
Implementing statute(s): 37-20-202, MCA
History: NEW, 1982 MAR p. 485, Eff. 3/12/82; AMD, 1993 MAR p. 341, Eff. 3/12/93; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2017 MAR p. 487, Eff. 4/29/17.

Mont. Admin. R. 24.156.1603 Qualifications of Physician Assistant-Certified

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-201, MCA
Implementing statute(s): 37-20-101, 37-20-402, MCA
History: NEW, 1982 MAR p. 485, Eff. 3/12/82; AMD, 1982 MAR p. 2134, Eff. 12/17/82; AMD, 1993 MAR p. 341, Eff. 3/12/93; AMD, 1994 MAR p. 1582, Eff. 6/10/94; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2006 MAR p. 1958, Eff. 8/11/06.

Mont. Admin. R. 24.156.1604 Training of Student Physician Assistants

(1) A physician assistant student training in Montana is not required to apply for licensure under these rules.

(2) A physician assistant student must train under the supervision of a physician or a physician assistant who is licensed in Montana.

(3) A physician assistant student training in Montana must:

(a) be currently enrolled in a physician assistant training program accredited by the Accreditation Review Commission on Education for the Physician Assistant or, if accreditation was granted before 2001, accredited by the American Medical Association's Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs; and

(b) conspicuously wear an identification badge indicating that he or she is a "physician assistant student" whenever engaged in patient care activities.

History

Authorizing statute(s): 37-20-202, MCA
Implementing statute(s): 37-20-303, 37-20-402, MCA
History: NEW, 1993 MAR p. 341, Eff. 3/12/93; AMD, 1994 MAR p. 1582, Eff. 6/10/94; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2006 MAR p. 1958, Eff. 8/11/06; AMD, 2021 MAR p. 65, Eff. 1/16/21.

Mont. Admin. R. 24.156.1605 Fees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-1-141, 37-20-201, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-20-203, 37-20-302, MCA
History: NEW, 1982 MAR p. 485, Eff. 3/12/82; AMD, 1992 MAR p. 2375, Eff. 10/30/92; AMD, 1994 MAR p. 1582, Eff. 6/10/94; AMD, 1995 MAR p. 2480, Eff. 11/23/95; AMD, 1999 MAR p. 1766, Eff. 8/13/99; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2006 MAR p. 1958, Eff. 8/11/06.

Mont. Admin. R. 24.156.1606 Application

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-201, MCA
Implementing statute(s): 37-20-101, 37-20-203, 37-20-301, 37-20-402, MCA
History: NEW, 1982 MAR p. 485, Eff. 3/12/82; AMD, 1982 MAR p. 2134, Eff. 12/17/82; AMD, 1993 MAR p. 341, Eff. 3/12/93; AMD, 1994 MAR p. 1582, Eff. 6/10/94; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2006 MAR p. 1958, Eff. 8/11/06.

Mont. Admin. R. 24.156.1607 Temporary Approval

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-201, MCA
Implementing statute(s): 37-20-203, 37-20-301, MCA
History: NEW, 1982 MAR p. 485, Eff. 3/12/82; AMD, 1982 MAR p. 2134, Eff. 12/17/82; AMD, 1994 MAR p. 1582, Eff. 6/10/94; AMD, 2000 MAR p. 2965, Eff. 1/1/02; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2006 MAR p. 1958, Eff. 8/11/06.

Mont. Admin. R. 24.156.1608 Scope of Practice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-202, MCA
Implementing statute(s): 37-20-301, MCA
History: NEW, 1993 MAR p. 341, Eff. 3/12/93; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2006 MAR p. 1958, Eff. 8/11/06.

Mont. Admin. R. 24.156.1609 Prescribing/Dispensing Authority

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-201, MCA
Implementing statute(s): 37-20-404, MCA
History: NEW, 1993 MAR p. 341, Eff. 3/12/93; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2006 MAR p. 1958, Eff. 8/11/06.

Mont. Admin. R. 24.156.1610 Utilization Plan

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-201, MCA
Implementing statute(s): 37-20-301, MCA
History: NEW, 1982 MAR p. 485, Eff. 3/12/82; AMD, 1993 MAR p. 395, Eff. 3/12/93; AMD, 1994 MAR p. 1582, Eff. 6/10/94; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2006 MAR p. 1958, Eff. 8/11/06.

Mont. Admin. R. 24.156.1611 Utilization Plan - Termination and Transfer

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-201, MCA
Implementing statute(s): 37-20-202, MCA
History: NEW, 1993 MAR p. 341, Eff. 3/12/93; AMD, 1994 MAR p. 1582, Eff. 6/10/94; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2006 MAR p. 1958, Eff. 8/11/06.

Mont. Admin. R. 24.156.1612 Prohibitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-201, MCA
Implementing statute(s): 37-20-202, MCA
History: NEW, 1982 MAR p. 485, Eff. 3/12/82; AMD, 1993 MAR p. 341, Eff. 3/12/93; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2006 MAR p. 1958, Eff. 8/11/06.

Mont. Admin. R. 24.156.1613 Protocol

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-201, MCA
Implementing statute(s): 37-20-202, 37-20-403, MCA
History: NEW, 1982 MAR p. 485, Eff. 3/12/82; AMD, 1993 MAR p. 341, Eff. 3/12/93; AMD, 1994 MAR p. 1582, Eff. 6/10/94; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2006 MAR p. 1958, Eff. 8/11/06.

Mont. Admin. R. 24.156.1614 Supervision of More Than One Physician Assistant-Certified

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-201, 37-20-202, MCA
Implementing statute(s): 37-20-202, MCA
History: NEW, 1982 MAR p. 485, Eff. 3/12/82; AMD, 1993 MAR p. 341, Eff. 3/12/93; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2006 MAR p. 1958, Eff. 8/11/06.

Mont. Admin. R. 24.156.1615 Informed Consent

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-201, MCA
Implementing statute(s): 37-20-202, 37-20-203, MCA
History: NEW, 1982 MAR p. 485, Eff. 3/12/82; AMD, 1993 MAR p. 341, Eff. 3/12/93; AMD, 1994 MAR p. 1582, Eff. 6/10/94; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2006 MAR p. 1958, Eff. 8/11/06.

Mont. Admin. R. 24.156.1616 Maintaining Nccpa Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-201, 37-20-202, MCA
Implementing statute(s): 37-20-202, 37-20-301, 37-20-302, 37-20-402, MCA
History: NEW, 1999 MAR p. 277, Eff. 2/12/99; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2017 MAR p. 487, Eff. 4/29/17.

Mont. Admin. R. 24.156.1617 Application for Physician Assistant License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-20-202, MCA
Implementing statute(s): 37-1-131, 37-20-203, 37-20-302, 37-20-402, MCA
History: NEW, 2006 MAR p. 1958, Eff. 8/11/06; AMD, 2017 MAR p. 487, Eff. 4/29/17; AMD, 2021 MAR p. 65, Eff. 1/16/21; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1618 Physician Assistant Fees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-20-202, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-20-302, MCA
History: NEW, 2006 MAR p. 1958, Eff. 8/11/06; AMD, 2010 MAR p. 1187, Eff. 5/14/10; AMD, 2015 MAR p. 820, Eff. 6/26/15; AMD, 2018 MAR p. 2048, Eff. 10/20/18; AMD, 2021 MAR p. 65, Eff. 1/16/21; REP, 2022 MAR p. 520, Eff. 4/16/22.

Mont. Admin. R. 24.156.1619 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-20-202, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-20-302, MCA
History: NEW, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 1187, Eff. 5/14/10; REP, 2017 MAR p. 487, Eff. 4/29/17.

Mont. Admin. R. 24.156.1620 Physician Assistant License Renewal

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-20-202, MCA
Implementing statute(s): 37-1-141, 37-20-203, 37-20-302, 37-20-402, MCA
History: NEW, 2006 MAR p. 1958, Eff. 8/11/06; AMD, 2010 MAR p. 1187, Eff. 5/14/10; AMD, 2014 MAR p. 2833, Eff. 11/21/14; REP, 2021 MAR p. 65, Eff. 1/16/21.

Mont. Admin. R. 24.156.1621 Reporting to the Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-3-203, MCA
Implementing statute(s): 37-1-131, 37-3-401, MCA
History: NEW, 2006 MAR p. 1958, Eff. 8/11/06; AMD, 2018 MAR p. 2048, Eff. 10/20/18; AMD, 2021 MAR p. 65, Eff. 1/16/21; REP, 2024 MAR p. 273, Eff. 2/10/24.

Mont. Admin. R. 24.156.1622 Supervision of Physician Assistant

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-20-202, MCA
Implementing statute(s): 37-1-131, 37-20-101, 37-20-301, 37-20-403, MCA
History: NEW, 2006 MAR p. 1958, Eff. 8/11/06; AMD, 2012 MAR p. 404, Eff. 2/24/12; AMD, 2017 MAR p. 487, Eff. 4/29/17; AMD, 2021 MAR p. 65, Eff. 1/16/21; REP, 2023 MAR p. 1864, Eff. 12/23/23.

Mont. Admin. R. 24.156.1623 Chart Review

(1) Chart review for a physician assistant shall occur, with frequency and amount to be determined at the practice level and as described in the collaboration agreement.

History

Authorizing statute(s): 37-1-131, 37-20-202, MCA
Implementing statute(s): 37-1-131, 37-20-101, 37-20-301, MCA
History: NEW, 2006 MAR p. 1958, Eff. 8/11/06; AMD, 2012 MAR p. 404, Eff. 2/24/12; AMD, 2017 MAR p. 487, Eff. 4/29/17; AMD, 2020 MAR p. 679, Eff. 4/18/20; AMD, 2024 MAR p. 273, Eff. 2/10/24.

Mont. Admin. R. 24.156.1624 Patient Rights

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-20-202, MCA
Implementing statute(s): 37-20-101, 37-20-301, MCA
History: NEW, 2006 MAR p. 1958, Eff. 8/11/06; AMD, 2021 MAR p. 65, Eff. 1/16/21; REP, 2024 MAR p. 273, Eff. 2/10/24.

Mont. Admin. R. 24.156.1625 Unprofessional Conduct

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-20-202, MCA
Implementing statute(s): 37-1-316, 37-1-319, 37-3-202, 37-20-403, MCA
History: NEW, 1995 MAR p. 2480, Eff. 11/23/95; AMD, 1999 MAR p. 277, Eff. 2/12/99; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2006 MAR p. 1958, Eff. 8/11/06; AMD, 2014 MAR p. 2833, Eff. 11/21/14; AMD, 2017 MAR p. 487, Eff. 4/29/17; AMD, 2021 MAR p. 65, Eff. 1/16/21; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1626 Management of Infectious Wastes

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 75-10-1006, MCA
Implementing statute(s): 37-1-131, 75-10-1006, MCA
History: NEW, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2010 MAR p. 1187, Eff. 5/14/10; AMD, 2021 MAR p. 65, Eff. 1/16/21; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Mont. Admin. R. 24.156.1627 APPLICATION FOR COMPACT PRIVILEGE VIA THE PA COMPACT

NEW RULE 1 APPLICATION FOR COMPACT PRIVILEGE VIA THE PA COMPACT

(1) A Montana-licensed physician assistant who wishes to apply for compact privilege in another state that is a member of the Physician Assistant Licensure Compact (PA Compact) must:

(a) submit a completed application on a form approved by the board;

(b) pay an application fee for compact privilege in another state via the PA Compact per ARM 24.156.409; and

(2) Upon receiving an application for compact privilege to practice in Montana via the PA Compact, the department shall:

(a) conduct a review of qualifications and a criminal background check as required by 37-20-402, MCA; and

(b) inform the PA Compact whether or not the applicant meets the qualifications of 37-20-501, MCA.

History

Authorizing statute(s): 37-3-203, MCA
Implementing statute(s): 37-20-402, 37-20-501, MCA
History: NEW, 2026 MAR, Notice No. 2026-269, Eff. 5/9/26.

Subchapter 24.156.17 Routine, Specialized, and Advanced Procedures

Mont. Admin. R. 24.156.1701 Physician Assistant Performing Radiologic Procedures – Routine and Advanced Procedures

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-20-202, MCA
Implementing statute(s): 37-1-131, 37-20-101, 37-20-403, MCA
History: NEW, 2012 MAR p. 404, Eff. 2/24/12; REP, 2024 MAR p. 273, Eff. 2/10/24.

Authorizing statute(s): 37-1-131, 50-6-203, 75-10-1006, MCA
Implementing statute(s): 75-10-1006, MCA
History: NEW, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2004 MAR p. 188, Eff. 1/30/04; REP, 2004 MAR p. 188, Eff. 1/30/04.

Authorizing statute(s): 37-1-131, 50-6-203, MCA
Implementing statute(s): 50-6-203, 50-6-204, MCA
History: NEW, 1983 MAR p. 475, Eff. 5/13/83; AMD, 1988 MAR p. 2374, Eff. 11/11/88; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2004 MAR p. 188, Eff. 1/30/04.

Authorizing statute(s): 37-1-131, 50-6-203, MCA
Implementing statute(s): 50-6-203, 50-6-204, MCA
History: NEW, 1986 MAR p. 1073, Eff. 6/27/86; AMD, 1988 MAR p. 2374, Eff. 11/11/88; TRANS, from Commerce, 2001 MAR p. 1471; REP, 2004 MAR p. 188, Eff. 1/30/04.

Authorizing statute(s): 50-6-203, MCA
Implementing statute(s): 37-1-131, 50-6-203, MCA
History: NEW, 2004 MAR p. 188, Eff. 1/30/04; AMD, 2013 MAR p. 120, Eff. 2/1/13; REP, 2022 MAR p. 1664, Eff. 8/6/22.

Chapter 24.159 Board of Nursing

Subchapter 24.159.1 Organizational Rule

Mont. Admin. R. 24.159.101 Board Organization

(1) The Board of Nursing adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 1/3/75; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.159.2 Procedural Rules

Mont. Admin. R. 24.159.201 Procedural Rules

(1) The Board of Nursing adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 1/3/75; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.159.202 Public Participation

(1) The Board of Nursing adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1978 MAR p. 611, Eff. 4/25/78; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.159.3 Definitions

Mont. Admin. R. 24.159.301 Definitions

(1) "Accrediting organization" means a professional organization that establishes standards and criteria for continuing education programs.

(2) "Advanced practice registered nurse" or "APRN" means a registered nurse licensed by the board to practice as an advanced practice registered nurse pursuant to 37-8-202, MCA. Four APRN roles are recognized by Montana law:

(a) certified nurse practitioner (CNP);

(b) certified nurse midwife (CNM);

(d) clinical nurse specialist (CNS).

(3) "Allowable routes" means oral, sublingual, topical, ophthalmic, otic, nasal, and inhalant methods of administration, except as otherwise provided by rule.

(4) "Assistive person" or "AP" means any person, regardless of title, who is not a licensed nurse and who functions in an assistive role to the nurse and receives delegation of nursing tasks.

(5) "Certifying body" means a board-recognized national certifying organization that uses psychometrically sound and legally defensible examinations for certification in APRN roles and population focus.

(6) "Charge Nurse" means the nurse who is in charge of patient and/or resident care during a nursing shift. An LPN may serve as a charge nurse in the absence of an RN in a long-term care facility, pursuant to 37-8-102, MCA.

(7) "CNOR" means the documented validation of the professional achievement of identified standards of practice by an individual registered nurse providing care for patients before, during, and after surgery.

(8) "Competency" means performing skillfully and proficiently the functions that are within the role of the licensee, and demonstrating the interrelationship of essential knowledge, judgment, and skills.

(9) "Contact hours" means the time period of instruction determined by the continuing education provider and indicated on the participant's certificate of completion. One academic semester credit equals 15 contact hours; one academic quarter credit equals 12.5 contact hours.

(10) "Continuing education" means a planned learning activity that occurs in a classroom, online, audio-conference, video-conference, or as independent study. All continuing education must be approved by an accrediting organization or provided by an accredited academic institution of higher learning, a continuing education provider, or a certifying body.

(11) "Delegation" means the act of authorizing and directing an AP to perform a specific nursing task in a specific situation in accordance with these rules.

(12) "Direction" means a communication of a plan of care based upon assessment of a patient by a registered nurse or a licensed independent health care provider pursuant to 37-8-102, MCA, that sets forth the parameters for the provision of care or for the performance of a procedure.

(13) "Direct supervision" means the supervisor is on the premises and is quickly and easily available.

(14) "Drug" means a substance defined by 37-7-101, MCA.

(15) "Focused nursing assessment" is conducted by a licensed practical nurse and is an appraisal of an individual's status and situation at hand, contributing to the comprehensive assessment by the registered nurse, supporting ongoing data collection, deciding who needs to be informed of the information, and when to inform.

(16) "Health team" means a group of health care providers which may, in addition to health care practitioners, include the client, family, and significant others.

(17) "Immediate supervision" means the supervisor is on the premises and is within audible and visual range of the patient.

(18) "Independent study" means a self-paced learning activity directed by a continuing education provider that includes both a mechanism for evaluation and feedback to the learner.

(19) "National accreditation" means the ongoing review, evaluation, and approval of nursing education programs by a national nursing accrediting agency. Nursing education programs without national accreditation are nonaccredited programs.

(20) "National professional organization" means a board-recognized professional nursing membership organization that delineates nursing practice standards and guidelines.

(21) "New nursing education program" means the initiation or addition of a new terminal degree or certificate in nursing education that prepares graduates for initial licensure.

(22) "Nursing assessment" means a systematic collection of data to determine the patient's health status and to identify any actual or potential health problems.

(23) "Nursing procedures" means those nursing actions selected and performed in the delivery of safe and effective patient/client care.

(24) "Nursing process" means the traditional systematic method nurses use when they provide:

(a) nursing care including assessment;

(b) nursing analysis;

(d) nursing intervention; and

(e) evaluation.

(25) "Nursing task" means an activity that requires the use of nursing knowledge, skills, and/or abilities.

(26) "Ordering" means authorizing durable medical devices and equipment, nutrition, diagnostic, and supportive services, including, but not limited to, home healthcare, hospice, and physical and occupational therapy.

(27) "Peer review" means the process of evaluating the practice of nursing, conducted by a peer-reviewer.

(28) "Peer-reviewer" for APRN practice means a licensed APRN or physician whose credentials and practice encompass the APRN's scope and type of practice setting. The peer-reviewer may be a consultant working for a professional peer review organization.

(29) "Population focus" for APRN practice means the section of the population which the APRN is certified to practice within. The categories of population focus are: family/individual across the lifespan, adult-gerontology, neonatal, pediatrics, women's health/gender-related, or psychiatric/mental health.

(30) "Practical nurse" means the same thing as "licensed practical nurse," "PN," and "LPN," unless the context of the rule dictates otherwise. The practice of practical nursing is defined at 37-8-102, MCA.

(31) "Preceptorship" for APRN education means supervised training in the role, population focus, or specialty area of APRN practice.

(32) "Prescriber" as defined in 37-7-502, MCA, means a medical practitioner as defined in 37-2-101, MCA, licensed under the professional laws of the state to administer and prescribe medicine and drugs.

(33) "Prescribing" means specifying advanced nursing intervention(s) intended to implement the defined strategy of care.

(34) "Prescription drug" as defined in 37-7-101, MCA, means any drug that is required by federal law or regulation to be dispensed only by a prescription subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 353.

(35) "PRN medication" ("pro re nata," Latin for "according as circumstances may require") means medication taken as necessary for the specific reason stated in the medication order, together with specific instructions for its use.

(36) “Program” means a practical nursing education curriculum and/or a professional nursing education curriculum approved by the Montana Board of Nursing to be delivered by a school.

(37) "Registered nurse" means the same thing as "RN" and "professional nurse," unless the context of the rule dictates otherwise. The practice of professional nursing is defined at 37-8-102, MCA.

(38) "Routine medication" means medication taken regularly at the same time each day using the same route, or on the same days of the week, at the same time, using the same route.

(39) “School” means an educational institution such as a university, college, community college, or tribally controlled community college that houses a nursing education program.

(40) "Simulation" means instructional techniques designed to replace or amplify real clinical nursing experiences with guided experiences that evoke or replicate substantial aspects of the real world in a fully interactive manner. The evidence-based learning shall replicate patient care scenarios and are designed to foster clinical decision-making and critical thinking. Scenarios may include the use of medium or high-fidelity manikins, standardized patients, role playing, and computer-based critical thinking simulations. An instructional simulation scenario shall include the elements of pre-briefing, replication of a patient care scenario, and debriefing. Skill acquisition and task training alone, as in the traditional use of a skills laboratory, do not qualify as simulated client care and therefore do not meet the requirements for clinical hours.

(41) "Stable" means a situation in which the patient's clinical and behavioral status is determined to be non-fluctuating or in which the fluctuations are expected and the interventions planned.

(42) "Standard" means an authoritative statement by which the board can judge the quality of nursing education or practice. A standard is established by authority, custom, or general consent as a model or example; something set up for the measure of quantity, weight, extent, value, or quality. A standard is substantially well established by usage in speech and writing and widely recognized as acceptable.

(43) "Standardized procedures" means routinely executed nursing actions for which there is an established level of knowledge and skill.

(44) "Strategy of care" means the goal-oriented plan developed to assist individuals or groups to achieve optimum health potential. This includes initiating and maintaining comfort measures, promoting and supporting human functions and responses, establishing an environment conducive to well-being, providing health counseling and teaching, and collaborating on certain aspects of the medical regimen, including, but not limited to, the administration of medications and treatments.

(45) "Supervision" or "general supervision" means provision of guidance by a qualified nurse or a person specified in 37-8-102, MCA, for the accomplishment of a nursing task or activity with initial direction of the task or activity and periodic inspection of the actual act of accomplishing the task or activity.

(46) "Supervisor" means the health care professional identified by these rules as the person qualified to supervise another in the performance of nursing procedures and care.

(47) "Verification" of licensure, education, or prior disciplinary action against a license must be submitted to the board in writing, from a primary source.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-101, 37-8-102, 37-8-202, 37-8-422, 37-8-424, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 1709, Eff. 8/15/08; AMD, 2008 MAR p. 2641, Eff. 11/7/08; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2011 MAR p. 2144, Eff. 10/14/11; AMD, 2013 MAR p. 1609, Eff. 9/6/13; AMD, 2016 MAR p. 1010, Eff. 6/4/16; AMD, 2017 MAR p. 604, Eff. 5/13/17; AMD, 2019 MAR p. 1055, Eff. 7/27/19; AMD, 2021 MAR p. 991, Eff. 8/7/21; AMD, 2023 MAR p. 1561, Eff. 11/4/23; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Subchapter 24.159.4 General Provisions

Mont. Admin. R. 24.159.401 Fees

(1) The fee for licensure (RN or LPN) by examination (NCLEX) is $100, payable at the time the application is submitted. This fee is retained by the board if the application is withdrawn.

(2) The application fee required for requesting board approval to retake the examination (NCLEX) for RN or LPN is $50.

(3) The fee for licensure (RN or LPN) by endorsement is $200, payable at the time the application is submitted. This fee is retained by the board if the application is withdrawn.

(4) The application fee for each APRN specialty certification is $75, and a fee of $50 for renewal of each specialty certification thereafter.

(5) The license (RN or LPN) renewal fee is $100 per renewal period.

(6) The fee to reactivate a license (RN or LPN) is $100.

(7) The prescriptive authority application fee is $100.

(8) The renewal fee for prescriptive authority is $75 per renewal period.

(9) The fee for a temporary RN or LPN permit is $25.

(10) The fee for a temporary permit for an APRN is $35.

(11) The fee for medication aide I or II initial licensure is $25.

(12) The fee for medication aide I or II licensure renewal is $20 per year.

(13) The fee for a new nursing education program application and initial site survey is $5000.

(14) The fee for board review of a special report from a nursing education program, as defined by ARM 24.159.635, is $200.

(15) The fee for a site survey of a board-approved nursing education program, due to program noncompliance with educational standards, is $3000.

(16) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-1-134, 37-1-319, 37-8-202, 37-8-426, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-8-202, 37-8-426, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1994 MAR p. 2815, Eff. 10/28/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2001 MAR p. 2152, Eff. 10/26/01; AMD, 2002 MAR p. 2315, Eff. 8/30/02; AMD, 2003 MAR p. 2863, Eff. 12/25/03; AMD, 2004 MAR p. 2393, Eff. 10/8/04; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2011 MAR p. 2144, Eff. 10/14/11; AMD, 2015 MAR p. 642, Eff. 5/29/15; AMD, 2021 MAR p. 991, Eff. 8/7/21.

Mont. Admin. R. 24.159.402 Fee Abatement

(1) The board adopts and incorporates by reference the September 24, 2004, fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

(2) A copy of ARM 24.101.301 is available by contacting the Board of Nursing, 301 South Park Avenue, P.O. Box 200513, Helena, MT 59620-0513.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2005 MAR p. 1687, Eff. 9/9/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06.

Mont. Admin. R. 24.159.403 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2009 MAR p. 1404, Eff. 8/14/09; AMD, 2015 MAR p. 642, Eff. 5/29/15; AMD, 2019 MAR p. 1055, Eff. 7/27/19; AMD, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.159.404 Military Training or Experience

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 2037, Eff. 9/5/14; REP, 2023 MAR p. 1561, Eff. 11/4/23.

Mont. Admin. R. 24.159.405 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the board’s publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-257, Eff. 10/11/25.

Mont. Admin. R. 24.159.406 Board Objectives

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: Eff. 12/31/72; AMD, Eff. 5/6/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 287, Eff. 2/12/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.407 Meetings of the Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: Eff. 12/31/72; AMD, Eff. 5/6/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 287, Eff. 2/12/82; AMD, 1994 MAR p. 1424, Eff. 5/27/94; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2023 MAR p. 1561, Eff. 11/4/23.

Mont. Admin. R. 24.159.408 Officers of the Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: Eff. 12/31/72; AMD, Eff. 5/6/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 287, Eff. 2/12/82; AMD, 1985 MAR p. 1556, Eff. 10/18/85; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2023 MAR p. 1561, Eff. 11/4/23.

Mont. Admin. R. 24.159.409 Duties of the President of the Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: Eff. 12/31/72; AMD, Eff. 5/6/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 287, Eff. 2/12/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1996 MAR p. 418, Eff. 2/9/96; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2023 MAR p. 1561, Eff. 11/4/23.

Mont. Admin. R. 24.159.410 Duties of Members of the Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: Eff. 12/31/72; AMD, Eff. 5/6/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 287, Eff. 2/12/82; AMD, 1985 MAR p. 1556, Eff. 10/18/85; AMD, 1991 MAR p. 2435, Eff. 12/13/91; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.411 Parliamentary Authority

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: Eff. 12/31/72; AMD, Eff. 5/6/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 287, Eff. 2/12/82; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2016 MAR p. 1010, Eff. 6/4/16.

Mont. Admin. R. 24.159.413 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with the following modifications:

(a) Nonviolent misdemeanor convictions involving use or sale of drugs or alcohol in (5)(a) are nonroutine and will be processed under ARM 24.159.414 if those convictions totaled two or more for which the conviction date is five years or less from the application date.

(b) Nonviolent felony convictions involving use or sale of drugs or alcohol in (5)(b) are nonroutine and will be processed under ARM 24.159.414 if the conviction date is ten years or less from the application date.

(c) Violent misdemeanor or felony convictions in (6) are routine if the conviction date is more than ten years before the application date, unless the applicant is still in custody due to the conviction or staff otherwise determines the applicant engaged in egregious conduct implicating risk to public safety.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.159.414 Applicants with Evidence of Impairment by Substance Use

(1) An application deemed "nonroutine" under ARM 24.159.403 or ARM 24.159.413, based upon matters involving criminal convictions related to the use or sale of drugs or alcohol, or substance use disorder/chemical dependency, shall be resolved as follows:

(a) The department may issue a license to an applicant who:

(i) has satisfied or discharged all conditions of court-ordered sanctions; and

(ii) was not subject to any finding of substance use disorder/chemical dependency.

(b) The department may issue a license to an applicant with a finding of substance use disorder/chemical dependency if:

(i) the applicant completed all treatment requirements at least five years before the application date or successfully completed all monitoring requirements of this or any other state, territory, country, or jurisdiction; and

(ii) no criminal charges were filed, and no legal interventions occurred in the past five years, including but not limited to domestic violence or employment actions.

(c) The Nurses Assistance Program (NAP) shall review all applications that do not result in issuance of a license under (a) or (b) as follows:

(i) NAP may seek additional documentation from the applicant;

(ii) NAP may request an applicant to consent to assessments and evaluations; and

(iii) NAP shall provide recommendations and rationale to the board including:

(A) an applicant's suitability for the NAP alternative track; or

(B) the necessity for further assessments or evaluation for substance use disorder/chemical dependency or mental health issues.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.159.416 Qualifications for Executive Director of the Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-204, MCA
History: NEW, 2001 MAR p. 2152, Eff. 10/26/01; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2021 MAR p. 991, Eff. 8/7/21; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.420 Applications and Renewals

(1) An applicant for licensure by the board must submit the required fees and completed application for the license sought. Applicants failing to complete the application process within one year must complete a new application and submit new application fees.

(2) To renew a license, which will be effective on the renewal date of ARM 24.101.413, the licensee must:

(a) fill out the renewal application and return it to the board by the date set in ARM 24.101.413;

(b) accompany the application with the renewal fee; and

(3) The provisions of ARM 24.101.408 apply to licenses issued by the board.

History

Authorizing statute(s): 37-1-131, 37-1-141, 37-8-202, 37-8-405, 37-8-415, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-1-141, 37-8-202, 37-8-405, 37-8-406, 37-8-409, 37-8-415, 37-8-416, 37-8-418, MCA
History: NEW, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.422 Lpn and Rn Applications

(1) In addition to the requirements of ARM 24.159.420, an applicant for LPN or RN licensure must provide:

(a) license verification and, if not in English, a certified translation, from the state, territory, or country in which the applicant holds now, or has held previously, any professional license or credential; and

(b) detailed explanation and supporting documentation for each affirmative answer to background questions on application.

(2) Endorsement applicants for LPN or RN licensure must currently hold the same license in good standing in another state, territory, or country.

(3) Examination applicants for LPN or RN licensure by examination must transmit:

(a) proof of educational attainment:

(i) an official transcript, sent to the board directly from the educational institution, verifying date of graduation and degree or credential conferred; or

(ii) if educated internationally, results of a credentials review by a board-specified credentials review agency or another board of nursing that verifies the equivalency of the international LPN or RN education program to LPN or RN education programs in the United States; and

(b) proof of successful passage of NCLEX-PN or NCLEX-RN, completed in English, as applicable:

(i) applicants must complete all educational requirements and the board must receive all credential prior to determining the applicant eligible to test; and

(ii) candidates failing the examination are not eligible to retest for a period determined by the testing entity and must submit an examination retake fee.

(4) Applicants for LPN or RN licensure, if a graduate of an international prelicensure education program not taught in English or if English is not the individual’s native language, must successfully pass a board-specified English proficiency examination that includes the components of reading, speaking, writing, and listening.

History

Authorizing statute(s): 37-1-131, 37-1-141, 37-8-202, 37-8-405, 37-8-415, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-1-141, 37-8-202, 37-8-405, 37-8-406, 37-8-409, 37-8-415, 37-8-416, 37-8-418, MCA
History: NEW, 2022 MAR p. 1666, Eff. 8/6/22; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.424 Provisional License

(1) The board may grant graduates of approved practical or professional United States’ nursing education programs a provisional license to engage in practical or professional nursing if:

(a) the applicant submitted a complete application for a provisional license which includes their supporting credentials;

(b) the applicant paid all required application fees;

(d) the application for a provisional license is made no later than 90 days from the date of the applicant’s graduation from the education program referenced in this rule;

(e) the application is routine as defined in ARM 24.101.402; and

(f) the applicant meets all requirements of 37-1-144, MCA.

(2) A provisional license granted by the board to a graduate becomes null and void three days after the board notifies the provisional licensee of the following:

(a) the provisional licensee has failed the exam referenced in (1)(c); or

(b) the provisional licensee does not take the exam within 90 days of the board issuing the provisional license.

(3) The provisional licensee must immediately return the provisional license to the board and not engage in any act of practical or professional nursing upon notice from the board that the provisional license has become null and void. Notice is considered complete when the applicant has been electronically notified of exam results and provisional license termination.

(4) Failure of the licensee to comply with this rule is grounds for denial of any subsequent license application and other remedies as provided by law.

(5) Upon the provisional licensee’s passage of the exam referenced in this rule, a provisional license remains valid until the board grants a full and unrestricted license or until two weeks after the board mails the provisional licensee notice of their exam result, whichever occurs first. The notice is deemed mailed when the board delivers it to the United States Postal Service or any other agent of U.S. mail.

(6) A practical or professional nurse employed under a provisional license must function under the direct supervision of a registered nurse, advanced practice registered nurse, physician, naturopathic physician, physician assistant, optometrist, dentist, osteopath, or podiatrist. The supervisor must be physically onsite of the provisional licensee’s actual physical location and have direct responsibility for supervising the provisional licensee’s performance. The supervisor must hold an unencumbered Montana license unless exempt as provided in Title 37, MCA, relative to the supervisor’s profession or occupation.

History

Authorizing statute(s): 37-1-319, 37-8-202, MCA
Implementing statute(s): 37-1-144, 37-8-103, 37-8-421, MCA
History: NEW, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Subchapter 24.159.5 Nurse License Compact

Mont. Admin. R. 24.159.501 Definitions

(1) For the purpose of the enhanced Nurse Licensure Compact:

(a) "Commission" means the Interstate Commission of Nurse Licensure Compact Administrators.

(b) "Compact" means the nurse licensure compact that became effective on July 20, 2017, and implemented on January 19, 2018.

(d) "Deactivate" means to change the status of a multistate license or privilege to practice.

(e) "Disqualifying event" means an incident which results in a person becoming disqualified or ineligible to retain or renew a multistate license. This includes but is not limited to the following:

(i) any adverse action resulting in an encumbrance;

(ii) current participation in an alternative program;

(iii) a misdemeanor offense related to the practice of nursing (which includes, but is not limited to, an agreed disposition); or

(iv) a felony offense (which includes, but is not limited to, an agreed disposition).

(f) "Independent credentials review agency" means a nongovernmental evaluation agency that verifies and certifies that foreign nurse graduates have graduated from nursing programs that are academically equivalent to nursing programs in the United States.

(g) "Licensure" includes the authority to practice nursing granted through the process of examination, endorsement, renewal, and/or reinstatement.

(h) "Prior compact" means the nurse licensure compact that was in effect until January 19, 2018.

(i) "Unencumbered license" means a license in good standing with no current discipline, conditions, or restrictions.

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-501, MCA
History: NEW, 2015 MAR p. 1389, Eff. 9/11/15; AMD, 2018 MAR p. 1819, Eff. 9/8/18.

Mont. Admin. R. 24.159.502 Nurse Licensure Compact Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-501, MCA
History: NEW, 2018 MAR p. 1819, Eff. 9/8/18; AMD, 2021 MAR p. 991, Eff. 8/7/21; REP, 2023 MAR p. 1561, Eff. 11/4/23.

Mont. Admin. R. 24.159.504 Issuance of a License by a Compact State

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-451, MCA
Implementing statute(s): 37-8-451, 37-8-452, MCA
History: NEW, 2015 MAR p. 1389, Eff. 9/11/15; REP, 2018 MAR p. 1819, Eff. 9/8/18.

Mont. Admin. R. 24.159.507 Limitations on Multistate Licensure Privilege - Discipline

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-451, MCA
Implementing statute(s): 37-8-451, 37-8-452, MCA
History: NEW, 2015 MAR p. 1389, Eff. 9/11/15; REP, 2018 MAR p. 1819, Eff. 9/8/18.

Mont. Admin. R. 24.159.510 Information System

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-451, MCA
Implementing statute(s): 37-8-451, 37-8-452, MCA
History: NEW, 2015 MAR p. 1389, Eff. 9/11/15; REP, 2018 MAR p. 1819, Eff. 9/8/18.

Subchapter 24.159.6 Nursing Education Programs

Mont. Admin. R. 24.159.601 Statement of Purpose for Nursing Education Program Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; AMD, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; REP, 2015 MAR p. 644, Eff. 5/29/15.

Mont. Admin. R. 24.159.604 Program Standards

(1) All programs must meet these standards:

(a) The end-of-program student learning outcomes and the program outcomes must be consistent with accepted standards of nursing practice appropriate for graduates of the type of program offered and must be made available to prospective and current students in public documents.

(b) The program must identify the national nursing standards it uses as the basis for its end-of-program student learning outcomes and program outcomes.

(c) The program’s director and administration must consider the input of stakeholders in developing and evaluating the end-of-program student learning outcomes and the program outcomes.

(d) Program information communicated by the program must be accurate, complete, consistent, and readily available.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; AMD, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2021 MAR p. 991, Eff. 8/7/21; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.605 Organization and Administration of Programs

(1) A nationally recognized accrediting agency must accredit parent institutions conducting a program.

(2) Institutional policies governing the program must be consistent with those policies governing other educational programs of the parent institution.

(3) Policies governing the employment of nursing instructional personnel must be in writing.

(4) The program must provide students with written policies and demonstrate evidence of following these policies regarding:

(a) admission, readmission, progression, dismissal, and graduation requirements;

(b) personal health practices, designed to protect students, clients, and nursing instructional personnel, and requiring student compliance;

(d) access to the institution/program catalog.

(5) Programs must maintain current records of student achievement within the program and provide students with evaluations based on expected student learning outcomes.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; AMD, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.606 Educational Facilities for Programs

(1) Educational facilities for programs must have safe and accessible physical facilities and resources for students, nursing instructional personnel, and administrative personnel.

(2) Physical facilities must be appropriate to meet the educational and clinical needs of the program. Classrooms, laboratories, offices, and conference rooms in the physical facilities must be of adequate size, number, and type according to the number of students and purposes for which these areas are to be used.

(3) The program must ensure:

(a) adequate supplies and equipment necessary to achieve program and student learning outcomes; and

(b) students and nursing instructional personnel have adequate and convenient access to library and information resources necessary to achieve program and student learning outcomes.

(4) All clinical agencies with which the program maintains cooperative agreements for use as clinical learning experiences must be licensed and have approval or accreditation appropriate to each agency.

(a) Cooperative agreements between nursing programs and clinical agencies must be current, in writing, signed by the responsible officers of each, and must identify:

(i) nursing instructional personnel responsibilities for teaching and clinical supervision of students, including responsibilities for planning and supervising learning experiences;

(ii) a reasonable time frame for contract termination to ensure completion of the current academic term of student clinical experiences;

(iii) agency's roles and responsibilities for student oversight and communication with nursing instructional personnel and administrative personnel; and

(iv) student and nursing instructional personnel health requirements.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; AMD, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2019 MAR p. 1055, Eff. 7/27/19; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.608 Placement of an Out-of-State Nursing Student in a Montana Clinical Practice Setting

(1) The placement of a student enrolled in an out-of-state pre-licensure program for clinical practice in a Montana facility must be approved by the Montana Board of Nursing or by the board’s executive director.

(2) The student’s nursing program may request placement of an out-of-state student in a Montana clinical practice setting. This request must be submitted to the board in writing and be signed by the director of the out-of-state nursing education program. The request for a clinical placement in Montana must include:

(a) documentation of an out-of-state program's unconditional state board or nursing regulatory body approval;

(b) name, address, and contact information of the student seeking placement in a Montana clinical practice setting;

(c) name and location of the Montana clinical practice setting where the out-of-state nursing education program seeks to place the student;

(d) name and contact information of the person employed at the Montana clinical practice setting who will serve as the primary liaison between the out-of-state nursing education program, the Montana board, and the Montana clinical facility;

(e) names, contact information, and educational credentials for Montana clinical preceptor(s) and out-of-state nursing instructional personnel who will participate in the student's clinical experience in Montana;

(f) detailed description of the preceptorship, including the specific practice area that will be the focus for the out-of-state student's clinical experience;

(g) explicit plan for out-of-state nursing instructional personnel supervision of the preceptor and out-of-state student in the Montana clinical practice setting;

(h) verification from relevant directors of Montana programs that placement of the out-of-state student in the identified Montana clinical practice setting will not displace a Montana nursing student;

(i) copy of the written agreement between the out-of-state program and the facility where the Montana clinical practice setting is located, which identifies preceptor(s), primary liaison, and out-of-state nursing instructional personnel. The agreement must specify the responsibilities and delineate the functions of each entity in ensuring a quality educational experience for the out-of-state student; and

(j) any out-of-state nursing instructional personnel who is involved in the direct care of a patient in Montana must hold an unencumbered Montana license.

(3) The clinical preceptors, working with the out-of-state nursing instructional personnel and the student in the Montana clinical practice setting, must meet the qualifications outlined by ARM 24.159.665. The preceptor is responsible for ensuring that the out-of-state student complies with all Montana laws and rules related to nursing.

(4) Out-of-state nursing instructional personnel are responsible for ensuring safe, accessible, and appropriate preceptor supervision of the out-of-state student's Montana clinical practice experience.

(5) Montana board staff may conduct a site visit at the proposed clinical practice setting, either before or during the out-of-state student placement.

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.609 Program Evaluation

(1) All nursing programs must have and follow a written, systematic plan for evaluation and ongoing assessment of end-of-program student learning outcomes and program outcomes. The plan must effectively support the achievement of the expected outcomes and provide evidence of a system of continuous quality improvement.

(2) The plan must include:

(a) measurable end-of-program student learning outcomes;

(b) measurable aggregate program outcomes, including:

(i) NCLEX pass rate with five-year trend data (as available);

(ii) program completion rates, including the program entry point and time period to completion as specified by the program; and

(iii) job placement data as specified by the program;

(d) time frame for data collection and analysis;

(e) evidence of a system of continuous quality improvement; and

(f) opportunities for participation in the evaluation process by students, nursing instructional personnel and administrative personnel, clinical agency personnel, and employers of graduates.

(3) Program revisions must be based on evidence collected through the evaluation process.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; AMD, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.611 Program Closure and Records Storage

(1) A program may close voluntarily or may be closed involuntarily due to withdrawal of board approval. Prior to closure, the program must:

(a) maintain the standards for nursing education during the transition to closure;

(b) prepare and execute a plan that addresses the transition or placement of students who have not completed the program; and

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, 37-8-302, MCA
History: NEW, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.612 Program Annual Report

(1) A program must submit an annual report each year for each NCLEX code a school is assigned.

(2) The purpose of the annual report is to provide the board with current data for its ongoing program evaluation. The report must include:

(a) enrollment and graduation data for the academic year, including:

(i) number of students in each program; and

(ii) student demographic data, including in-state and out-of-state residency;

(b) number of unfilled student positions and number of qualified applicants not accepted;

(d) summary of substantive changes reported to the board during the past year, pursuant to ARM 24.159.635;

(e) description of progress made by program on improvements recommended by the board or program's accrediting body;

(f) accreditation status of the program by a national nursing accrediting agency; and

(g) other information as requested by the board.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, 37-8-302, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 1997 MAR p. 626, Eff. 4/8/97; AMD, 2001 MAR p. 2152, Eff. 10/26/01; AMD, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2019 MAR p. 1055, Eff. 7/27/19; AMD, 2021 MAR p. 991, Eff. 8/7/21; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.615 Recognized Accreditation Bodies

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, 37-8-302, MCA
History: NEW, 2003 MAR p. 1080, Eff. 5/23/03; AMD, 2004 MAR p. 641, Eff. 3/26/04; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; REP, 2015 MAR p. 644, Eff. 5/29/15.

Mont. Admin. R. 24.159.625 Establishment of a New Program

(1) The applicant must notify the board of the intent to establish a new program by providing the following information in a written report for an initial application which includes a narrative addressing each item listed below and appendices for supporting documentation:

(a) type of program and delivery method for the program, timeline for initiating the program, proposed total student enrollment for the first three years, program outcomes, end-of-program student learning outcomes, and brief outline of the total curriculum;

(b) results of a detailed needs assessment specifying how the new program would meet local and regional nursing education needs not currently being met by existing Montana nursing programs, including identification of potential and available students and employment opportunities for program graduates;

(c) evidence of the program’s governing institution’s approval, support, and commitment of sufficient financial and other resources necessary for the planning, implementation, and continuation of the program, including the program’s initial three-year budget;

(d) evidence of local support from the proposed site of the new program with rationale for the choice of each clinical site including a description of anticipated student experiences, and letters of commitments from the agencies offering clinical opportunities;

(e) a description of the physical resources for the program including classroom and office space, clinical and simulation laboratories, equipment, library and information resources, and any other resources to meet the unique needs of the program;

(f) availability or commitment from a qualified program director and availability or commitments from the proposed types of qualified nursing instructional personnel needed;

(g) a draft of the program evaluation plan;

(h) a draft of student policies for admission, progression, retention, and graduation; and

(i) evidence that detailed plans and the needs assessment regarding the proposed program have been shared with the directors of all programs in Montana.

(2) The initial application will be reviewed by the board’s executive director and an education consultant selected by the department. As part of the application process, the board’s executive director and/or the education consultant will visit with the applicant to verify the program information in the application and determine the program’s readiness to admit students. The type of visit will be appropriate to the program setting.

(3) Following board approval of the initial application, the program may admit students. The board must notify the National Council of State Boards of Nursing (NCSBN) for NCLEX testing purposes. Students that graduate from a program under initial approval are eligible to sit for the NCLEX examination.

(4) The board must grant full approval of a program after:

(a) the program submits a self-study report, pays any applicable fees per ARM 24.159.401, and the board completes a site survey and verifies that the program is in compliance with the board's nursing education standards. The visit must occur after the program’s graduation of the first class of students.

(5) The board may grant full or conditional approval or may deny approval, as outlined in ARM 24.159.640 and this rule.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, 37-8-302, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2003 MAR p. 1080, Eff. 5/23/03; AMD, 2005 MAR p. 742, Eff. 5/13/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2021 MAR p. 991, Eff. 8/7/21; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.630 Continued Approval of Programs

(1) The board must evaluate approved programs for continued approval by monitoring and analyzing program performance through:

(a) periodic survey visits and reports;

(b) accreditation visits and reports;

(d) other sources of information regarding achievement of program outcomes, including:

(i) student retention and attrition;

(ii) nursing instructional personnel or program director turnover;

(iii) complaints about the program from students, graduates, or nursing instructional personnel, the program director, or community of interest members regarding program issues; and

(iv) data regarding NCLEX performance.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, 37-8-302, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from ARM 8.32.414, & AMD, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 1997 MAR p. 1176, Eff. 4/8/97; AMD, 2003 MAR p. 1192, Eff. 5/23/03; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.632 Program Surveys

(1) To ensure ongoing compliance with the board's statutes and rules, those approved programs not accredited by a national nursing accreditation agency must be surveyed onsite and reevaluated for continued approval at least every five years. Each time a program survey is performed, the entire program is evaluated for all components under board jurisdiction. For schools with RN and PN programs for which only the RN program holds national nursing accreditation, PN program continued approval will be contingent upon the RN program accreditation visits and reports and an onsite survey at least every five years will not be required.

(2) Before an onsite survey, a school must submit a self-study report to the board providing evidence of compliance with the appropriate nursing education rules 30 days before the scheduled onsite survey.

(3) The onsite survey is performed by the board's executive director and the department-selected education consultant on date(s) mutually agreeable to the board and the program.

(a) The surveyors' report should be made available to the program within 20 days of the onsite survey.

(b) The program may submit a written response to the survey report within 14 days from the date the board sent the report to the program’s mailing address of record with the department or, if the program allows electronic service, to the program’s e-mail address.

(4) The board must review the final survey report and any program response and make a finding regarding the program's compliance with the rules.

(5) Following the board's review and decision, the program director and the leadership of the parent institution will be notified of the finding, and the program status will be placed on the board web site.

(6) The board may site visit a program at any time, as deemed necessary by the board or at the request of the school.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, 37-8-302, MCA
History: NEW, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2024 MAR p. 2218, Eff. 9/21/24; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.635 Requirements for Reporting Substantive Changes

(1) The program director or academic chief officer must report to the board any proposed substantive change that may affect the program's compliance with the nursing education rules. Substantive changes include, but are not limited to:

(a) changes in legal status, control, or ownership of the parent institution;

(b) change in accreditation or approval status of the program or the program's parent institution;

(d) change in degree offerings or program options;

(e) additional geographic sites or locations;

(f) change in program director;

(g) major reduction in financial or other program resources; or

(h) additional enrollment changes that require increases to the program's resources or that may affect the availability of clinical settings.

(2) Board approval is required prior to additional enrollment changes that require increases to the program's resources or that may affect the availability of clinical settings. Only programs in full approval status may make such a request. The program director or academic chief officer must submit the request a minimum of 30 days prior to the board meeting, at which the additional enrollment changes will be considered. For proposed additional enrollment changes, the following information must be included:

(a) purpose and classification of program;

(b) the anticipated number of students;

(d) evidence of adequate financial resources for the planning, implementation, and maintenance of the enrollment changes;

(e) evidence of the need for the additional enrollment changes;

(f) evidence of adequate nursing instructional personnel faculty and supporting resources;

(g) tentative timetable for planning and initiating the enrollment changes;

(h) description of how the additional enrollment may affect the existing nursing programs in the state, and indication that plans and the feasibility study regarding the additional enrollment have been shared with the directors of existing Montana programs;

(i) curriculum modifications required to accommodate the targeted student population; and

(j) a plan for continued assessment using the program evaluation plan.

(3) The program director or academic chief officer must submit to the board any additional information the board requested in the period and manner specified by the board.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, 37-8-302, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2001 MAR p. 2152, Eff. 10/26/01; AMD, 2003 MAR p. 1080, Eff. 5/23/03; AMD, 2005 MAR p. 742, Eff. 5/13/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.640 Conditional Approval, Withdrawal of Approval, or Denial

(1) The board must make a change in approval status when a program does not meet the requirements of the applicable statutes and rules to the board’s satisfaction. The board must notify the program of a change in approval status and the time and manner in which the program must correct the deficiencies.

(2) The board may place a program on conditional approval when the board determines that an approved program is not in compliance with the board rules. The board may require the submission of an action plan, subject to board approval, to correct the identified program deficiencies.

(3) The board must withdraw approval if a program fails to correct deficiencies within the time specified or in accordance with a board-approved action plan. When approval is withdrawn, the board must remove the program from the list of approved programs and notify the applicable national accrediting body and the NCSBN testing services that the program is no longer approved. Whenever approval has been withdrawn, the program may not recruit or admit students prospectively without specific board approval.

(4) If the board denies a program approval or gives less than full approval status, the program is entitled to notice and a hearing to contest the decision under the same procedures provided licensees, in accordance with the Montana Administrative Procedure Act and Title 37, chapter 1, part 3, MCA.

(5) A program must verify it has corrected deficiencies through its written report to the board and/or an onsite survey conducted by the board. The board, not the program, has discretion to determine the method the program must use to verify corrected deficiencies. Once a program corrects deficiencies, verified by the board, the board must reinstate the program to conditional or approval status as it determines appropriate.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, 37-8-302, MCA
History: NEW, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.650 Program Director

(1) A program must be administered by a full-time employed program director who possesses the following qualifications:

(a) a current unencumbered license to practice as a registered nurse in the state of Montana;

(b) academic preparation in nursing as required by the parent institution of the program;

(d) educational preparation or experience in curriculum development and administration.

(2) The program director is responsible for:

(a) oversight of the nursing program curriculum to facilitate achievement of the program outcomes and the end-of-program student learning outcomes;

(b) ensuring that all nursing instructional personnel meet the necessary qualifications and maintaining current records of those qualifications and performance evaluations;

(d) nursing instructional personnel assignments and evaluations;

(e) managing educational resources; and

(f) compliance with board rules.

(3) All program directors must have authority from the program’s parent institution to carry out the duties stated in this rule.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; AMD, 2001 MAR p. 167, Eff. 1/26/01; AMD, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2021 MAR p. 991, Eff. 8/7/21; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.655 Nursing Instructional Personnel

(1) There must be a sufficient number of qualified nursing instructional personnel to meet the program outcomes and student learning outcomes. Nursing instructional personnel includes all nurses employed by the program to provide didactic clinical, laboratory, and/or simulation instruction.

(2) Nursing instructional personnel must have:

(a) an unencumbered Montana nursing license to practice nursing;

(b) an academic degree in nursing that meets the program’s requirements; and

(3) The program’s nursing instructional personnel must have shared responsibility for the development and provision of the academic program(s), including participation in program policy development.

(4) Nursing instructional personnel must maintain continuing professional development as required by the program.

(5) Nursing instructional personnel, as assigned by the program director, may be responsible for:

(a) planning, implementing, and evaluating student learning experiences;

(b) participating in student advising;

(d) program evaluation and performance improvement; and

(e) participation in the parent institution’s personnel organizations and committees.

(6) When providing direct patient care, no more than ten students may be supervised at a time by a nursing instructional personnel member.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; AMD, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2019 MAR p. 1055, Eff. 7/27/19; AMD, 2021 MAR p. 991, Eff. 8/7/21; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.656 Faculty Qualification Report

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-204, 37-8-301, 37-8-302, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2010 MAR p. 2651, Eff. 11/13/10; REP, 2015 MAR p. 644, Eff. 5/29/15.

Mont. Admin. R. 24.159.659 Faculty for Registered Nursing Programs (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; AMD, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2024 MAR p. 2218, Eff. 9/21/24; REP, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.662 Faculty for Practical Nursing Programs (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; AMD, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2011 MAR p. 2144, Eff. 10/14/11; AMD, 2015 MAR p. 644, Eff. 5/29/15; REP, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.663 Waiver of Faculty Qualifications (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2021 MAR p. 991, Eff. 8/7/21; AMD, 2024 MAR p. 2218, Eff. 9/21/24; REP, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.665 Clinical Preceptors

(1) Clinical preceptors may be used to enhance, but not replace, nursing instructional personnel directed clinical learning experiences.

(2) When utilizing preceptors, nursing instructional personnel are responsible for:

(a) ensuring safe, accessible and appropriate supervision based on client health status, care setting, course objectives, and student level of preparation;

(b) ensuring appropriate preceptor qualifications and scope of responsibility; and

(c) ensuring that the preceptor demonstrated competencies related to the area of assigned clinical teaching responsibilities and will serve as a role model and educator to the student.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; AMD, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.666 Use of Clinical Resource Registered Nurses (crrns) (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, 37-8-302, MCA
History: NEW, 2003 MAR p. 1080, Eff. 5/23/03; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; REP, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.667 Use of Clinical Resource Licensed Practical Nurses (crlpn) (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, 37-8-302, MCA
History: NEW, 2019 MAR p. 2370, Eff. 12/28/19; REP, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.670 Curriculum Goals and General Requirements for Programs

(1) A curriculum is the content and learning experiences designed to facilitate achievement of the end-of-program student learning outcomes and the program outcomes.

(2) The program director and nursing instructional personnel must develop, review, and update the curriculum on an ongoing basis. The curriculum must meet the following general criteria:

(a) reflect the guiding principles, program outcomes, and end-of-program student learning outcomes, and be consistent with the statutes and rules governing the practice of nursing, as well as the national standards and codes of ethics for nursing practice;

(b) contain content, clinical experiences, and strategies of active learning directly related to program outcomes and the end-of-program student learning outcomes to develop safe and effective nursing practice; and

(3) Clinical hours include direct patient care and simulation. The minimum number of clinical direct patient care hours must be at least 400 hours for an RN program and at least 200 hours for an LPN program.

(4) For each program utilizing simulation, no more than 50 percent of clinical hours shall be replaced with simulation hours. Upon request by a program, the board may temporarily allow all programs to exceed the 50 percent cap on simulation due to extenuating circumstances such as a state or national emergency.

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 644, Eff. 5/29/15; AMD, 2019 MAR p. 1055, Eff. 7/27/19; AMD, 2020 MAR p. 965, Eff. 5/30/20; AMD, 2023 MAR p. 1611, Eff. 11/18/23; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.674 Professional Nursing Curriculum Specific to Baccalaureate Degree

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; REP, 2015 MAR p. 644, Eff. 5/29/15.

Mont. Admin. R. 24.159.677 Professional Nursing Curriculum Specific to Associate Degree

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; REP, 2015 MAR p. 644, Eff. 5/29/15.

Mont. Admin. R. 24.159.680 Curriculum Requirements for Practical Nursing Programs

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, 37-8-301, MCA
Implementing statute(s): 37-8-202, 37-8-301, MCA
History: NEW, 1997 MAR p. 626, Eff. 7/1/97; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; REP, 2015 MAR p. 644, Eff. 5/29/15.

Subchapter 24.159.9 Medication Aides

Mont. Admin. R. 24.159.901 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, 37-8-426, MCA
Implementing statute(s): 37-8-202, 37-8-423, MCA
History: NEW, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2011 MAR p. 2144, Eff. 10/14/11; REP, 2023 MAR p. 1561, Eff. 11/4/23.

Mont. Admin. R. 24.159.903 Purpose of Standards of Practice for the Licensed Medication Aides

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, 37-8-426, MCA
Implementing statute(s): 37-8-101, 37-8-426, MCA
History: NEW, 2004 MAR p. 2393, Eff. 10/8/04; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2011 MAR p. 2144, Eff. 10/14/11; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.905 General Requirements for Medication Aide I Training Programs and Instructors

(1) The board shall approve medication aide I training programs. The program must include the following components:

(a) "the six rights of medication administration";

(b) purposes of medications;

(d) allowable routes of administration of medications;

(e) care, storage, and regulation of controlled substances and medications;

(f) how to administer medications;

(g) adverse reactions, side effects, and allergies to medications;

(h) medication log;

(i) medication error reporting;

(j) documentation;

(k) how and when to report to the supervising nurse; and

(l) a skills checklist.

(2) The training program shall be no less than 32 hours of didactic classroom presentation, eight hours of simulated practical experience, and 40 hours of direct, supervised clinical experience.

(3) The training program must assure an instructor to student ratio of one instructor to no more than five students in the clinical practice setting and one instructor to no more than ten students in the clinical laboratory setting. The supervised clinical experience shall be obtained under the direction of a nurse with an unencumbered Montana license, and who need not be the board-approved instructor.

(4) The board shall approve instructors for medication aide I training programs. The training program instructor must:

(a) be a nurse with an unencumbered Montana license;

(b) have at least two years of nursing experience in the last five years, one year of which shall be in long-term care or home health, hospice, assisted living, or other community based setting; or, be a state certified nursing assistant instructor; and

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-8-101, 37-8-202, 37-8-422, MCA
History: NEW, 2004 MAR p. 2393, Eff. 10/8/04; AMD, 2005 MAR p. 2251, Eff. 11/11/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2011 MAR p. 2144, Eff. 10/14/11.

Mont. Admin. R. 24.159.906 Medication Aide Ii Training Program Curriculum

(1) The board adopts and incorporates by reference the curriculum content outline as published in the December 2010 report of House Joint Resolution 17, regarding the utilization of medication aides in long-term care nursing homes, except Module 4: Medication Administration, Routes of Administration, (M) Suppositories because a medication aide II is not allowed to administer medications by this route. Copies of the curriculum content outline are available from the Board of Nursing, 301 S. Park Avenue, P.O. Box 200513, Helena Montana, 59620, or can be viewed on the Board of Nursing's web site at www.nurse.mt.gov .

(2) The medication aide II must also receive training in the subcutaneous injection of insulin from labeled and preset or predrawn insulin delivery device(s).

History

Authorizing statute(s): 37-8-426, MCA
Implementing statute(s): 37-8-423, MCA
History: NEW, 2011 MAR p. 2144, Eff. 10/14/11; AMD, 2015 MAR p. 642, Eff. 5/29/15.

Mont. Admin. R. 24.159.910 General Requirements for Licensure as Medication Aide I

(1) The applicant for licensure may apply to take the Montana medication aide I exam if the applicant:

(a) has completed a board-approved medication aide I training program as outlined in these rules; or

(b) holds an unencumbered certification or license in another state or U.S. jurisdiction to administer medications.

(2) In order to be licensed as a medication aide I in Montana, the applicant shall pass the board-approved medication aide I exam.

(a) The applicant may take the examination up to three times. If not successful on the third try, the applicant must retake and pass the medication aide I training program before being eligible to take the examination again.

(b) The applicant must pass the exam within 12 months of satisfactorily completing the medication aide I training program, or else the applicant must complete the training program again before being eligible to take the exam.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-8-101, 37-8-202, MCA
History: NEW, 2004 MAR p. 2393, Eff. 10/8/04; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2011 MAR p. 2144, Eff. 10/14/11; AMD, 2021 MAR p. 991, Eff. 8/7/21; AMD, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.911 General Requirements for Licensure as Medication Aide Ii

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-426, MCA
Implementing statute(s): 37-8-423, 37-8-426, MCA
History: NEW, 2011 MAR p. 2144, Eff. 10/14/11; AMD, 2021 MAR p. 991, Eff. 8/7/21; AMD, 2022 MAR p. 1666, Eff. 8/6/22; REP, 2023 MAR p. 1561, Eff. 11/4/23.

Mont. Admin. R. 24.159.912 Continuing Education Requirements for Medication Aide Ii

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-426, MCA
Implementing statute(s): 37-8-423, 37-8-426, MCA
History: NEW, 2011 MAR p. 2144, Eff. 10/14/11; REP, 2023 MAR p. 1561, Eff. 11/4/23.

Mont. Admin. R. 24.159.915 Standards Related to the Responsibilities of a Medication Aide I

(1) The medication aide I shall:

(a) practice under the general supervision of a nurse with an unencumbered Montana license;

(b) practice only in an assisted living facility as defined by 50-5-101, MCA;

(i) a unit dose package; or

(ii) a prefilled medication holder;

(d) administer only PRN and routine medications as defined in ARM 24.159.301;

(e) administer medications only by allowable routes as defined in ARM 24.159.301, except:

(i) insulin may be subcutaneously injected from a labeled and preset or predrawn insulin delivery device; and

(f) notify the supervising nurse if:

(i) the patient has a change in medication and the medication is not available as described in (1)(c); or

(ii) the medication aide has observed a change in the patient's physical or mental condition.

(2) "General supervision" for purposes of this rule means at least quarterly onsite review by a supervising nurse of a medication aide I's medication administration skills, and the guidance of a supervising nurse to include a written plan addressing questions and situations that may arise when the supervising nurse is not available. Such a plan must include access to a health care professional.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-8-202, 37-8-422, MCA
History: NEW, 2004 MAR p. 2393, Eff. 10/8/04; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2011 MAR p. 2144, Eff. 10/14/11; AMD, 2023 MAR p. 1561, Eff. 11/4/23; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.916 Standards Related to the Responsibilities of a Medication Aide Ii

(1) The medication aide II shall:

(a) practice only in a long-term care facility licensed to provide skilled nursing care as defined by 50-5-101, MCA;

(b) practice under the supervision of a professional or practical nurse who holds an unencumbered Montana nursing license and is on the premises;

(c) administer medications only by allowable routes as defined in ARM 24.159.301, except insulin may be subcutaneously injected from a labeled and preset or predrawn insulin delivery device;

(d) notify the supervising nurse if the medication aide II has observed a change in the patient's physical or mental condition; and

(e) follow the conduct rules as found in ARM 24.159.2301.

(2) A medication aide II cannot:

(a) administer PRN medication as defined in ARM 24.159.301;

(b) convert or calculate dosages;

(d) provide information or education to a patient beyond basic knowledge of medications and medication administration.

(3) "Supervision" for purposes of this rule means a provision of general supervision by a professional or practical nurse who is on the premises for the accomplishment of medication administration.

History

Authorizing statute(s): 37-8-426, MCA
Implementing statute(s): 37-8-424, MCA
History: NEW, 2011 MAR p. 2144, Eff. 10/14/11; AMD, 2023 MAR p. 1561, Eff. 11/4/23; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Subchapter 24.159.10 Licensed Practical Nurses

Mont. Admin. R. 24.159.1003 Purpose of Standards of Nursing Practice for the Practical Nurse

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1985 MAR p. 1556, Eff. 10/18/85; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 1709, Eff. 8/15/08; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1004 Standards Related to the Practical Nurse's Application of the Nursing Process

(1) The practical nurse shall perform standardized, focused nursing assessments in the care of clients by:

(a) collecting, reporting, and recording objective and subjective data in an accurate and timely manner. Data collection includes:

(i) observation about the condition or change in condition of the client; and

(ii) signs and symptoms of deviation from normal health status.

(2) The practical nurse shall participate in the development of the strategy of care in collaboration with other members of the health team by:

(a) providing data;

(b) identifying priorities;

(d) identifying measures to maintain comfort, support human functions and responses, and maintain an environment conducive to well-being; and

(e) providing health teaching.

(3) The practical nurse shall participate in the implementation of the strategy of care by:

(a) providing nursing care for clients under the supervision of licensed health care providers as per 37-8-102, MCA;

(b) providing an environment conducive to safety and health; and

(c) documenting and otherwise communicating nursing interventions and client responses to care with other members of the health care team via written, electronic, or verbal mechanisms of communication, as appropriate, based on client evaluations.

(4) The practical nurse shall contribute to the modification of the strategy of care.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1985 MAR p. 1556, Eff. 10/18/85; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 1709, Eff. 8/15/08.

Mont. Admin. R. 24.159.1005 Standards Related to the Practical Nurse's Responsibilities as a Member of the Health Team

(1) The practical nurse shall:

(a) have knowledge of the statutes and rules governing nursing and function within the legal boundaries of practical nursing practice;

(b) accept responsibility for individual nursing actions and competence;

(d) consult with and seek guidance from registered nurses and/or other health team members as necessary;

(e) function as a member of the health team;

(f) contribute to the formulation, interpretation, implementation, and evaluation of the objectives and policies related to practical nursing practice;

(g) participate in the evaluation of nursing practices;

(h) report unsafe nursing practice to the board and unsafe practice conditions to recognized authorities;

(i) report the practice of nursing by unlicensed individuals to the board;

(j) conduct practice without discrimination on the basis of age, race, religion, sex, sexual preference, national origin, or handicap;

(k) respect the dignity and rights of clients regardless of social or economic status, personal attributes, or nature of health problems;

(l) respect the client's right to privacy by protecting confidential information, unless obligated by law to disclose such information;

(m) respect the property of clients, family, significant others, and the employer; and

(n) follow the written, established policies and procedures of the health care organization that are consistent with this chapter.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1985 MAR p. 1556, Eff. 10/18/85; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 1709, Eff. 8/15/08.

Mont. Admin. R. 24.159.1006 Standards Related to the Practical Nurse's Role in Cosmetic Procedures

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-102, MCA
History: NEW, 2004 MAR p. 641, Eff. 3/26/04; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 1709, Eff. 8/15/08; AMD, 2009 MAR p. 1404, Eff. 8/14/09; REP, 2018 MAR p. 186, Eff. 1/27/18.

Mont. Admin. R. 24.159.1010 Standards Related to Intravenous (iv) Therapy

(1) Prior to performing IV therapy, the practical nurse must have successfully completed a course of study that includes a process for evaluation, demonstration, and documentation of the knowledge, skills, and abilities required for safe administration of IV therapy procedures. Education may be obtained through a board-approved, prelicensure nursing education program or a course of study utilizing appropriate education methods and qualified nursing instructional personnel.

(2) The practical nurse who has met the education and competency requirements of this rule may perform the following functions with venous access devices (central, midline, and peripheral) under the appropriate level of supervision:

(a) calculate and adjust IV infusion flow rate, including monitoring and discontinuing infusions;

(b) observe and report subjective and objective signs of adverse reactions to any IV administration and initiate appropriate nursing interventions;

(d) monitor access site and perform site care and maintenance;

(e) monitor infusion equipment;

(f) change administration set, including add-on device and tubing;

(g) perform intermittent flushes for line patency maintenance;

(h) convert a continuous infusion to an intermittent infusion;

(i) insert or remove a peripheral venous access device, except central or midline catheters;

(j) initiate and administer IV medications and fluids with the exception of the medications specifically prohibited in ARM 24.159.1011;

(k) administer the following classifications of medications for adult clients via push or bolus:

(i) analgesics (including opiates);

(ii) antiemetics;

(iii) analgesic antagonists;

(iv) diuretics;

(v) corticosteroids;

(vi) standard flush solutions (heparin or saline); or

(vii) glucose;

(l) administer, monitor, and discontinue parenteral nutrition, fat emulsion solutions;

(m) assume monitoring of the administration of blood, blood components, or plasma volume expanders after the registered nurse has initiated and monitored the client for fifteen minutes; and

(n) discontinue the infusion of blood, blood components, or plasma volume expanders.

(3) Under direct supervision of a licensee listed in 37-8-102(8)(a), MCA, the following hemodialysis procedures may be performed by a practical nurse:

(a) insert an arterio-venous fistula/graft needle;

(b) administer prescribed local anesthesia as needed prior to dialysis needle insertion;

(c) access, draw blood, flush with a normal saline solution or a specific heparin flush solution and change dressings of hemodialysis central venous catheters; and

(d) administer prescribed doses of routine dialysis heparin.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1997 MAR p. 1176, Eff. 4/8/97; AMD, 1998 MAR p. 2473, Eff. 9/11/98; AMD, 2000 MAR p. 954, Eff. 4/14/00; AMD, 2002 MAR p. 3149, Eff. 11/15/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2180, Eff. 8/15/08; AMD, 2015 MAR p. 1389, Eff. 9/11/15; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.1011 Prohibited Intravenous (iv) Therapies

(1) The practical nurse may not perform any of the following IV therapy procedures:

(a) initiate blood, blood components, and plasma volume expanders;

(b) access or program an implanted IV infusion pump;

(d) manage central venous access devices for hemodynamic monitoring;

(e) perform repair of central or midline venous access devices; or

(f) perform arterial sticks, arterial blood draws, or arterial inline flushes.

(2) The practical nurse may not administer the following IV medications or IV fluids:

(a) oxytocics;

(b) neonatal and pediatric medications;

(d) investigational and experimental drugs;

(e) colloid therapy;

(f) hyperosmolar solutions not appropriate for peripheral venous infusion;

(g) thrombolytic or fibrinolytic agents;

(h) tissue plasminogen activators, or immunoglobulins;

(i) medications for purposes of procedural sedation, moderate sedation, or anesthesia;

(j) medications requiring titration;

(k) medications or fluids via an epidural, intrathecal, intraosseous, umbilical route, or ventricular reservoir; or

(l) medications or fluids via an arteriovenous fistula or graft, except for dialysis per ARM 24.159.1010.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1997 MAR p. 1176, Eff. 4/8/97; AMD, 1999 MAR p. 2437, Eff. 10/22/99; AMD, 2000 MAR p. 954, Eff. 4/14/00; AMD, 2002 MAR p. 3149, Eff. 11/15/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 1709, Eff. 8/15/08; AMD, 2011 MAR p. 2144, Eff. 10/14/11; AMD, 2021 MAR p. 991, Eff. 8/7/21.

Mont. Admin. R. 24.159.1021 Temporary Practice Permit (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-8-202, MCA
Implementing statute(s): 37-1-305, 37-1-319, 37-8-103, MCA
History: Eff. 12/31/72; AMD, 1981 MAR p. 143, Eff. 2/14/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1848, Eff. 10/14/82; AMD, 1985 MAR p. 1556, Eff. 10/18/85; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2000 MAR p. 2681, Eff. 10/6/00; AMD, 2000 MAR p. 2683, Eff. 10/6/00; AMD, 2005 MAR p. 1687, Eff. 9/9/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2021 MAR p. 991, Eff. 8/7/21; REP, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.1022 General Requirements for Licensure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-406, 37-8-416, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/77; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 2000 MAR p. 2681, Eff. 10/6/00; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1023 Grounds for Denial of a License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-8-202, MCA
Implementing statute(s): 37-1-136, 37-1-137, 37-1-316, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2004 MAR p. 2393, Eff. 10/8/04; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2021 MAR p. 991, Eff. 8/7/21.

Mont. Admin. R. 24.159.1024 Lpn Licensure by Examination

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, 37-8-415, MCA
Implementing statute(s): 37-1-131, 37-8-415, 37-8-416, 37-8-418, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/77; AMD, 1981 MAR p. 143, Eff. 2/14/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1985 MAR p. 1556, Eff. 10/18/85; AMD, 1988 MAR p. 2720, Eff. 12/23/88; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2005 MAR p. 1686, Eff. 9/9/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2011 MAR p. 2144, Eff. 10/14/11; AMD, 2015 MAR p. 642, Eff. 5/29/15; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1025 Practical Nurse Reexamination

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, 37-8-406, MCA
Implementing statute(s): 37-8-202, 37-8-416, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/77; AMD, 1980 MAR p. 2970, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1985 MAR p. 108, Eff. 2/1/85; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2000 MAR p. 2681, Eff. 10/6/00; AMD, 2005 MAR p. 1686, Eff. 9/9/05; AMD, 2005 MAR p. 1687, Eff. 9/9/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2011 MAR p. 2144, Eff. 10/14/11.

Mont. Admin. R. 24.159.1028 Lpn Licensure by Endorsement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, 37-8-415, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-8-415, 37-8-418, MCA
History: NEW, Eff. 6/4/77; AMD, 1978 MAR p. 392, Eff. 3/25/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 287, Eff. 2/12/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2000 MAR p. 2683, Eff. 10/6/00; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2004 MAR p. 2393, Eff. 10/8/04; AMD, 2005 MAR p. 1687, Eff. 9/9/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 642, Eff. 5/29/15; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1029 Lpn Licensure by Examination for Internationally Educated Applicants

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, 37-8-415, MCA
Implementing statute(s): 37-1-131, 37-8-415, 37-8-416, 37-8-418, MCA
History: NEW, 2005 MAR p. 1687, Eff. 9/9/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 642, Eff. 5/29/15; AMD, 2021 MAR p. 991, Eff. 8/7/21; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1036 Preparation of Licenses

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-101, 37-8-202, 37-8-401, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 1556, Eff. 10/18/85; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 2003 MAR p. 2861, Eff. 12/25/03; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2016 MAR p. 1010, Eff. 6/4/16.

Mont. Admin. R. 24.159.1037 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-141, 37-8-202, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-8-202, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/77; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 287, Eff. 2/12/82; AMD, 1987 MAR p. 1620, Eff. 9/25/87; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2000 MAR p. 2681, Eff. 10/6/00; AMD, 2000 MAR p. 2683, Eff. 10/6/00; AMD, 2002 MAR p. 2315, Eff. 8/30/02; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2019 MAR p. 1055, Eff. 7/27/19; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1038 Inactive Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-1-319, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2004 MAR p. 2393, Eff. 10/8/04; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2015 MAR p. 642, Eff. 5/29/15.

Mont. Admin. R. 24.159.1040 Duplicate or Lost Licenses

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-1-134, 37-8-202, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2016 MAR p. 1010, Eff. 6/4/16.

Mont. Admin. R. 24.159.1041 Verification of Licensure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-304, 37-8-202, MCA
History: NEW, 1987 MAR p. 1620, Eff. 9/25/87; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 2003 MAR p. 2863, Eff. 12/25/03; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1046 Supervision of Probationary Licensees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-1-319, 37-8-202, MCA
Implementing statute(s): 37-1-136, 37-1-319, 37-8-202, MCA
History: NEW, 2002 MAR p. 3399, Eff. 12/13/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2015 MAR p. 642, Eff. 5/29/15.

Mont. Admin. R. 24.159.1052 Licensee Probation or Reprimand of a Licensee

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-8-202, MCA
Implementing statute(s): 37-1-136, 37-1-137, 37-1-316, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2004 MAR p. 2393, Eff. 10/8/04; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1053 License Reapplication Considerations After Denial, Revocation, or Suspension

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-1-136, 37-8-202, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1985 MAR p. 1556, Eff. 10/18/85; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Subchapter 24.159.12 Registered Nurses

Mont. Admin. R. 24.159.1203 Purpose of Standards of Nursing Practice for the Registered Nurse

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1985 MAR p. 1556, Eff. 10/18/85; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1204 Standards Related to the Registered Nurse's Responsibility to Apply the Nursing Process

(1) The registered nurse shall conduct and document nursing assessments of the health status of individuals and groups by:

(a) collecting objective and subjective data from observations, examinations, interviews, and written records in an accurate and timely manner. The data includes, but is not limited to:

(i) biophysical, emotional, and mental status;

(ii) growth and development;

(iii) cultural, spiritual, and socio-economic background;

(iv) family health history;

(v) information collected by other health team members;

(vi) client knowledge and perception about health status and potential, or maintaining health status;

(vii) ability to perform activities of daily living;

(viii) patterns of coping and interacting;

(ix) consideration of client's health goals;

(x) environmental factors (e.g., physical, social, emotional, and ecological) ; and

(xi) available and accessible human and material resources;

(b) sorting, selecting, reporting, and recording the data;

(c) validating, refining, and modifying the data by utilizing available resources, including interactions with the client, family, significant others, and health team members.

(2) The registered nurse shall establish and document nursing analysis which serves as the basis for the strategy of care.

(3) The registered nurse shall develop the strategy of care based upon data gathered in the assessment and conclusions drawn in the nursing analysis. This includes:

(a) identifying priorities in the strategy of care;

(b) collaboration with the client to set realistic and measurable goals to implement the strategy of care;

(d) identifying measures to maintain comfort, to support human functions and positive responses, and to maintain an environment conducive to teaching to include appropriate usage of health care facilities.

(4) The registered nurse shall implement the strategy of care by:

(a) initiating nursing interventions through:

(i) giving direct care;

(ii) assisting with care;

(iii) assigning and delegating care; and

(iv) collaborating and/or referring when appropriate;

(b) providing an environment conducive to safety and health;

(d) communicating nursing interventions and responses to care to other members of the health team.

(5) The registered nurse shall evaluate the responses of individuals or groups to nursing interventions. Evaluation shall involve the client, family, significant others, and health team members.

(a) Evaluation data shall be documented and communicated to appropriate members of the health team.

(b) Evaluation data shall be used as a basis for reassessing client health status, modifying nursing analysis, revising strategies of care, and prescribing changes in nursing interventions.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1985 MAR p. 1556, Eff. 10/18/85; AMD, 1997 MAR p. 626, Eff. 4/8/97; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06.

Mont. Admin. R. 24.159.1205 Standards Related to the Registered Nurse's Responsibilities as a Member of the Nursing Profession

(1) The registered nurse shall:

(a) have knowledge of the statutes and rules governing nursing and function within the legal boundaries of nursing practice;

(b) accept responsibility for individual nursing actions and competence and base practice on validated data;

(d) function as a member of the health team;

(e) collaborate with other members of the health team to provide optimum client care;

(f) consult with nurses and other health team members and make referrals as necessary;

(g) contribute to the formulation, interpretation, implementation, and evaluation of the objectives and policies related to nursing practice within the employment setting;

(h) participate in the evaluation of nursing through peer review;

(i) report unsafe nursing practice to immediate supervisor and the board, and unsafe practice conditions to any and all recognized federal, state, county, municipal, or private bodies organized with powers to regulate and enforce nursing practice conditions;

(j) report practice of nursing by unlicensed individuals to the board;

(k) delegate to another only those nursing measures which that person is prepared or qualified to perform;

(l) supervise others to whom nursing interventions are delegated;

(m) retain professional accountability for nursing care when delegating nursing interventions;

(n) conduct practice without discrimination on the basis of age, race, religion, sex, sexual preference, national origin, or handicap;

(o) respect the dignity and rights of clients regardless of social or economic status, personal attributes, or nature of health problems;

(p) respect the client's right to privacy by protecting confidential information unless obligated by law to disclose the information; and

(q) respect the property of clients, family, significant others, and the employer.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1985 MAR p. 1556, Eff. 10/18/85; AMD, 2000 MAR p. 2683, Eff. 10/6/00; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06.

Mont. Admin. R. 24.159.1206 Standards Related to the Registered Nurse's Role in Cosmetic Procedures

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-102, MCA
History: NEW, 2004 MAR p. 641, Eff. 3/26/04; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2009 MAR p. 1404, Eff. 8/14/09; REP, 2018 MAR p. 186, Eff. 1/27/18.

Mont. Admin. R. 24.159.1207 Registered Nurse First Assist

(1) A registered nurse first assistant (RNFA) is a perioperative registered nurse who:

(a) is certified as a CNOR with proof of completion from the Competency and Credentialing Institute (CCI) approved RNFA education program;

(b) works in collaboration with the surgeon and other health care team members to achieve optimal patient outcomes;

(d) intraoperatively practices at the direction of the surgeon; and

(e) does not concurrently function as a scrub person.

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 33-22-114, 33-31-102, 37-8-202, MCA
History: NEW, 2011 MAR p. 2144, Eff. 10/14/11.

Mont. Admin. R. 24.159.1221 Temporary Practice Permit (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-8-202, MCA
Implementing statute(s): 37-1-305, 37-1-319, 37-8-103, MCA
History: Eff. 12/31/72; AMD, 1981 MAR p. 143, Eff. 2/14/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1848, Eff. 10/14/82; AMD, 1985 MAR p. 1556, Eff. 10/18/85; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2000 MAR p. 2681, Eff. 10/6/00; AMD, 2000 MAR p. 2683, Eff. 10/6/00; AMD, 2005 MAR p. 1687, Eff. 9/9/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2021 MAR p. 991, Eff. 8/7/21; REP, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.1222 General Requirements for Licensure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-406, 37-8-416, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/77; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 2000 MAR p. 2681, Eff. 10/6/00; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1223 Grounds for Denial of a License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-8-202, MCA
Implementing statute(s): 37-1-136, 37-1-137, 37-1-316, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2004 MAR p. 2393, Eff. 10/8/04; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2021 MAR p. 991, Eff. 8/7/21.

Mont. Admin. R. 24.159.1224 Rn Licensure by Examination

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, 37-8-405, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-8-405, 37-8-406, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/77; AMD, 1981 MAR p. 143, Eff. 2/14/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1985 MAR p. 1556, Eff. 10/18/85; AMD, 1988 MAR p. 2720, Eff. 12/23/88; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2005 MAR p. 1686, Eff. 9/9/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2011 MAR p. 2144, Eff. 10/14/11; AMD, 2015 MAR p. 642, Eff. 5/29/15; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1225 Registered Nurse Reexamination

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, 37-8-406, MCA
Implementing statute(s): 37-8-202, 37-8-406, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/77; AMD, 1980 MAR p. 2970, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 108, Eff. 2/1/85; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2000 MAR p. 2681, Eff. 10/6/00; AMD, 2005 MAR p. 1686, Eff. 9/9/05; AMD, 2005 MAR p. 1687, Eff. 9/9/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2011 MAR p. 2144, Eff. 10/14/11.

Mont. Admin. R. 24.159.1228 Rn Licensure by Endorsement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, 37-8-405, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-1-304, 37-8-405, MCA
History: NEW, Eff. 6/4/77; AMD, 1978 MAR p. 392, Eff. 3/25/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 287, Eff. 2/12/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2000 MAR p. 2683, Eff. 10/6/00; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2004 MAR p. 2393, Eff. 10/8/04; AMD, 2005 MAR p. 1687, Eff. 9/9/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 642, Eff. 5/29/15; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1229 Rn Licensure by Examination for Internationally Educated Applicants

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, 37-8-405, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-8-405, 37-8-406, MCA
History: NEW, 2005 MAR p. 1687, Eff. 9/9/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR. p. 2346, Eff. 11/7/08; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2015 MAR p. 642, Eff. 5/29/15; AMD, 2021 MAR p. 991, Eff. 8/7/21; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1236 Preparation of Licenses

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-101, 37-8-202, 37-8-401, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 1556, Eff. 10/18/85; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 2003 MAR p. 2861, Eff. 12/25/03; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2016 MAR p. 1010, Eff. 6/4/16.

Mont. Admin. R. 24.159.1237 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-141, 37-8-202, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-8-202, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/77; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 287, Eff. 2/12/82; AMD, 1987 MAR p. 1620, Eff. 9/25/87; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2000 MAR p. 2681, Eff. 10/6/00; AMD, 2000 MAR p. 2683, Eff. 10/6/00; AMD, 2002 MAR p. 2315, Eff. 8/30/02; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2019 MAR p. 1055, Eff. 7/27/19; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1238 Inactive Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-1-319, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2004 MAR p. 2393, Eff. 10/8/04; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2015 MAR p. 642, Eff. 5/29/15.

Mont. Admin. R. 24.159.1240 Duplicate or Lost Licenses

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-1-134, 37-8-202, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2016 MAR p. 1010, Eff. 6/4/16.

Mont. Admin. R. 24.159.1241 Verification of Licensure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-304, 37-8-202, MCA
History: NEW, 1987 MAR p. 1620, Eff. 9/25/87; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 2003 MAR p. 2863, Eff. 12/25/03; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1246 Supervision of Probationary Licensees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-1-319, 37-8-202, MCA
Implementing statute(s): 37-1-136, 37-1-319, 37-8-202, MCA
History: NEW, 2002 MAR p. 3399, Eff. 12/13/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2015 MAR p. 642, Eff. 5/29/15.

Mont. Admin. R. 24.159.1252 Licensee Probation or Reprimand of a Licensee

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-8-202, MCA
Implementing statute(s): 37-1-136, 37-1-137, 37-1-316, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2004 MAR p. 2393, Eff. 10/8/04; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1253 License Reapplication Considerations After Denial, Revocation, or Suspension

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-1-136, 37-8-202, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1985 MAR p. 1556, Eff. 10/18/85; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Subchapter 24.159.14 Advanced Practice Registered Nurses

Mont. Admin. R. 24.159.1401 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 2518, Eff. 9/9/94; AMD, 2002 MAR p. 3399, Eff. 12/13/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2008 MAR p. 2346, Eff. 11/7/08.

Mont. Admin. R. 24.159.1403 Purpose of Standards of Practice for the Advanced Practice Registered Nurse

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 2002 MAR p. 3399, Eff. 12/13/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1404 Standards Related to the Advanced Practice Registered Nurse's Responsibility to Apply the Nursing Process

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 2002 MAR p. 3399, Eff. 12/13/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; REP, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1405 Standards Related to the Advanced Practice Registered Nurse

(1) The APRN shall:

(a) adhere to the standards for the RN in Title 24, chapter 159, subchapter 12, Administrative Rules of Montana;

(b) abide by the current practice standards and guidelines established by a national professional organization for the APRN's role and population focus;

(c) possess the knowledge, judgment, and skill to safely and competently function within the APRN's role and population focus; and

(d) adhere to the requirements for APRN competence development in ARM 24.159.1469, APRN Competence Development.

(2) The APRN is accountable to patients, the nursing profession, and to the board for complying with the rules and statutes for the quality of advanced nursing care rendered, for recognizing limits of knowledge and experience, for planning for the management of situations beyond the APRN's expertise, and for consultation with or referring patients to other health care providers as appropriate.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, 37-8-409, MCA
History: NEW, 2002 MAR p. 3399, Eff. 12/13/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1406 Aprn Practice

(1) The APRN licensed in Montana may only practice in the role and population focus in which the APRN has current national certification. APRN practice is an independent and/or collaborative practice and may include:

(a) establishing medical and nursing diagnoses, treating, and managing patients with acute and chronic illnesses and diseases; and

(b) providing initial, ongoing, and comprehensive care, including:

(i) physical examinations, health assessments, and/or other screening activities;

(ii) prescribing legend and controlled substances when prescriptive authority is successfully applied for and obtained;

(iii) ordering durable medical equipment, diagnostic treatments and therapeutic modalities, laboratory imaging and diagnostic tests, and supportive services, including, but not limited to, home healthcare, hospice, and physical and occupational therapy;

(iv) receiving and interpreting results of laboratory, imaging, and/or diagnostic studies;

(v) working with clients to promote their understanding of and compliance with therapeutic regimens;

(vi) providing instruction and counseling to individuals, families, and groups in the areas of health promotion, disease prevention, and maintenance, including involving such persons in planning for their health care; and

(vii) working in collaboration with other health care providers and agencies to provide and, where appropriate, coordinate services to individuals and families.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, 37-8-409, MCA
History: NEW, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1411 Temporary Permits for Graduate Aprns

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, 37-8-409, MCA
Implementing statute(s): 37-8-202, 37-8-409, MCA
History: NEW, 1996 MAR p. 419, Eff. 2/9/96; AMD, 2000 MAR p. 2681, Eff. 10/6/00; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; REP, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1412 Application for Initial Aprn Licensure

(1) The applicant for APRN licensure must possess a current Montana RN license.

(2) The applicant shall request that an official transcript, from an accredited graduate-level education program, be sent to the board directly from the applicant's APRN program to verify the date of completion and degree conferred.

(3) The applicant shall submit evidence of preceptorship (if not shown on transcript).

(4) The applicant shall submit a copy of current national certification in APRN role and population focus, congruent with education preparation.

(5) When the board approves a licensed RN's application for APRN licensure, the RN will be issued an APRN license in addition to the applicant's current RN license.

(6) An additional application is needed for APRN prescriptive authority.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-8-202, 37-8-409, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1987 MAR p. 1620, Eff. 9/25/87; AMD, 1991 MAR p. 2435, Eff. 12/31/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1998 MAR p. 2164, Eff. 8/14/98; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13; AMD, 2015 MAR p. 642, Eff. 5/29/15; AMD, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1413 Advanced Practice Nursing Title

(1) Only a licensed RN holding a current Montana APRN license has the right to use the title of APRN, and the appropriate title of Certified Nurse Practitioner (CNP), Certified Nurse Midwife (CNM), Certified Registered Nurse Anesthetist (CRNA), or Clinical Nurse Specialist (CNS).

(2) At a minimum, each CRNA and CNM shall use the designation of APRN and the certified role for purposes of identification and documentation:

(a) CRNA will use APRN-CRNA; and

(b) CNM will use APRN-CNM.

(3) At a minimum, each CNS and CNP shall use the designation of APRN followed by the certified role and population focus for purposes of identification and documentation. For example:

(a) a Family Nurse Practitioner would be designated as APRN-FNP;

(b) a Women's Health Nurse Practitioner would be designated as APRN-WHNP; and

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2001 MAR p. 167, Eff. 1/26/01; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1414 Educational Requirements and Qualifications for Aprn

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, 37-8-409, MCA
History: NEW, 1983 MAR p. 10, Eff. 1/14/83; AMD, 1985 MAR p. 108, Eff. 2/1/85; AMD, 1988 MAR p. 2720, Eff. 12/23/88; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1995 MAR p. 847, Eff. 5/12/95; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2005 MAR p. 742, Eff. 5/13/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; REP, 2015 MAR p. 642, Eff. 5/29/15.

Mont. Admin. R. 24.159.1415 General Requirements for Licensure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-406, 37-8-416, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/77; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 2000 MAR p. 2681, Eff. 10/6/00; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2008 MAR p. 2346, Eff. 11/7/08.

Mont. Admin. R. 24.159.1416 Grounds for Denial of a License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-8-202, MCA
Implementing statute(s): 37-1-136, 37-1-137, 37-1-316, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2004 MAR p. 2393, Eff. 10/8/04; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; REP, 2021 MAR p. 991, Eff. 8/7/21.

Mont. Admin. R. 24.159.1417 Licensure by Examination Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-406, 37-8-416, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/77; AMD, 1981 MAR p. 143, Eff. 2/14/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1985 MAR p. 1556, Eff. 10/18/85; AMD, 1988 MAR p. 2720, Eff. 12/23/88; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2005 MAR p. 1686, Eff. 9/9/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2008 MAR p. 2346, Eff. 11/7/08.

Mont. Admin. R. 24.159.1418 Licensure by Endorsement

(1) An applicant for APRN licensure by endorsement shall submit to the board:

(a) completed applications for both RN and APRN licensure in Montana;

(b) transcript from an advanced nursing education program, which must be sent to the board directly from the program and must indicate date of completion and degree conferred;

(d) verification of current national certification in APRN role and population focus; and

(e) the required fees for APRN licensure by endorsement as specified by ARM 24.159.401.

History

Authorizing statute(s): 37-1-131, 37-8-202, 37-8-409, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-8-409, MCA
History: NEW, Eff. 6/4/77; AMD, 1978 MAR p. 392, Eff. 3/25/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 287, Eff. 2/12/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2000 MAR p. 2683, Eff. 10/6/00; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2004 MAR p. 2393, Eff. 10/8/04; AMD, 2005 MAR p. 1687, Eff. 9/9/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13; AMD, 2021 MAR p. 991, Eff. 8/7/21.

Mont. Admin. R. 24.159.1424 Continuing Education Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-8-202, MCA
History: NEW, 2008 MAR p. 2346, Eff. 11/7/08; REP, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1426 Preparation of Licenses

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-101, 37-8-202, 37-8-401, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 1556, Eff. 10/18/85; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 2003 MAR p. 2861, Eff. 12/25/03; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2008 MAR p. 2346, Eff. 11/7/08.

Mont. Admin. R. 24.159.1427 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-1-141, 37-8-202, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/77; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 287, Eff. 2/12/82; AMD, 1987 MAR p. 1620, Eff. 9/25/87; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2000 MAR p. 2681, Eff. 10/6/00; AMD, 2000 MAR p. 2683, Eff. 10/6/00; AMD, 2002 MAR p. 2315, Eff. 8/30/02; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13; AMD, 2021 MAR p. 991, Eff. 8/7/21; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1428 Inactive Aprn Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-1-319, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2004 MAR p. 2393, Eff. 10/8/04; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13; REP, 2015 MAR p. 642, Eff. 5/29/15.

Mont. Admin. R. 24.159.1430 Duplicate or Lost Licenses

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-1-134, 37-8-202, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2008 MAR p. 2346, Eff. 11/7/08; REP, 2016 MAR p. 1010, Eff. 6/4/16.

Mont. Admin. R. 24.159.1431 Verification of Licensure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1987 MAR p. 1620, Eff. 9/25/87; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 2003 MAR p. 2863, Eff. 12/25/03; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2008 MAR p. 2346, Eff. 11/7/08; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1436 Supervision of Probationary Licensees

(1) An APRN working pursuant to a probationary license must work under the direct supervision of another APRN or physician who has prior board approval and possesses a current, unencumbered license.

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-1-136, 37-8-202, MCA
History: NEW, 2002 MAR p. 3399, Eff. 12/13/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08.

Mont. Admin. R. 24.159.1442 Licensee Probation or Reprimand of a Licensee

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-8-202, MCA
Implementing statute(s): 37-1-136, 37-1-137, 37-1-316, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2004 MAR p. 2393, Eff. 10/8/04; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2008 MAR p. 2346, Eff. 11/7/08.

Mont. Admin. R. 24.159.1443 License Reapplication After Denial, Revocation, or Suspension

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-8-202, MCA
Implementing statute(s): 37-1-136, 37-1-314, 37-8-202, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1985 MAR p. 1556, Eff. 10/18/85; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; REP, 2022 MAR p. 1666, Eff. 8/6/22.

Mont. Admin. R. 24.159.1461 Prescriptive Authority for Eligible Aprns

(1) Only an APRN granted prescriptive authority by the board may prescribe, procure, administer, and dispense legend and controlled substances pursuant to applicable state and federal laws and within the APRN's role and population focus.

(2) Prescriptive authority permits the APRN to receive, sign for, record, and distribute pharmaceutical samples to patients in accordance with applicable state and federal Drug Enforcement Administration laws, regulations, and guidelines in accordance with 37-2-104, MCA.

(3) All APRNs who hold an unencumbered license and meet the qualifications for prescriptive authority within ARM 24.159.1463 may hold prescriptive authority.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 2518, Eff. 9/9/94; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2003 MAR p. 2863, Eff. 12/25/03; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1462 Advanced Practice Nursing Committee

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2000 MAR p. 2683, Eff. 10/6/00; AMD, 2001 MAR p. 2152, Eff. 10/26/01; AMD, 2002 MAR p. 2315, Eff. 8/30/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; REP, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1463 Application for Prescriptive Authority

(1) The APRN seeking prescriptive authority shall submit a completed application and the appropriate fee for prescriptive authority as specified in ARM 24.159.401. There are three options for receiving initial or endorsed prescriptive authority:

(a) The APRN seeking prescriptive authority who has graduated from an accredited program in the last five years and does not currently hold prescriptive authority from another board jurisdiction shall submit:

(i) evidence of successful completion of a graduate level course of three semester credits in advanced pharmacology that includes instruction in pharmacodynamics, pharmacokinetics, and pharmacotherapeutics of all broad categories of agents;

(ii) evidence of successful completion of a graduate level course that includes differential diagnosis/disease management; and

(iii) evidence of supervised clinical practice that integrates pharmacologic intervention with patient management.

(b) The APRN seeking prescriptive authority who has graduated more than five years ago from an accredited program and does not currently hold prescriptive authority from another board jurisdiction must complete either a graduate level course of three semester credits or 45 contact hours of continuing education in the past five years that includes instruction in pharmacodynamics, pharmacokinetics, and pharmacotherapeutics of all broad categories of agents.

(c) The APRN with prescriptive authority from another board jurisdiction shall submit a completed application and the appropriate fees for prescriptive authority as specified in ARM 24.159.401. The application must include evidence of a current unencumbered APRN license with prescriptive authority in another board jurisdiction.

(2) If an applicant fails to complete the requirements for application within one year of submission of an application, the applicant shall submit a new application and fee.

(3) The board may deny the application if the applicant has a license encumbered by disciplinary action.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 2518, Eff. 9/9/94; AMD, 2000 MAR p. 2683, Eff. 10/6/00; AMD, 2001 MAR p. 2152, Eff. 10/26/01; AMD, 2002 MAR p. 2315, Eff. 8/30/02; AMD, 2005 MAR p. 742, Eff. 5/13/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13; AMD, 2021 MAR p. 991, Eff. 8/7/21.

Mont. Admin. R. 24.159.1464 Prescribing Practices

(1) Prescriptions must comply with all applicable state and federal laws.

(2) All written prescriptions must include the following information:

(a) name, title, address, and phone number of the APRN who is prescribing;

(b) name of client;

(d) the full name of the drug, dosage, route, amount to be dispensed, and directions for its use;

(e) number of refills;

(f) signature of the prescriber on written prescriptions; and

(g) Drug Enforcement Administration (DEA) number of the prescriber on all scheduled drugs;

(3) Records of all prescriptions must be documented in client records.

(4) An APRN with prescriptive authority shall comply with federal DEA requirements for controlled substances.

(5) An APRN with prescriptive authority may not prescribe controlled substances for self or members of the APRN's immediate family.

(6) In an emergency situation, Schedule II drugs may be phoned in to the pharmacist pursuant to 21 CFR 1306.11(d).

(7) An APRN with prescriptive authority may not delegate the prescribing or dispensing of drugs to any other person unless delegating to a pharmacist through a collaborative pharmacy practice agreement as defined in 37-7-101, MCA.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1993 MAR p. 1202, Eff. 6/11/93; AMD, 1994 MAR p. 2518, Eff. 9/9/94; AMD, 2002 MAR p. 3399, Eff. 12/13/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13; AMD, 2021 MAR p. 991, Eff. 8/7/21.

Mont. Admin. R. 24.159.1465 Special Limitations Related to the Prescribing of Controlled Substances

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 2518, Eff. 9/9/94; AMD, 2000 MAR p. 2683, Eff. 10/6/00; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2005 MAR p. 742, Eff. 5/13/05; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2008 MAR p. 2346, Eff. 11/7/08.

Mont. Admin. R. 24.159.1466 Quality Assurance of Aprn Practice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, 37-8-409, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 2518, Eff. 9/9/94; AMD, 1999 MAR p. 1294, Eff. 6/18/99; AMD, 2002 MAR p. 2315, Eff. 8/30/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; REP, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1467 Suspension or Revocation of Prescriptive Authority

(1) The board may suspend or revoke an APRN's prescriptive authority when the APRN has not met requirements necessary to maintain licensure.

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-1-136, 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 2716, Eff. 9/9/94; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1468 Prescriptive Authority Renewal

(1) The term of an APRN's prescriptive authority is concurrent with licensure and ends every two years on the date set by ARM 24.101.413.

(2) To renew prescriptive authority, the APRN shall submit a completed prescriptive authority renewal application and a nonrefundable fee.

(3) When an APRN fails to renew prescriptive authority prior to the renewal date of that authority, the APRN's prescriptive authority will lapse and expire after 45 days. The APRN whose prescriptive authority has expired may not prescribe and must reapply for prescriptive authority under the requirement in ARM 24.159.1463.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 2518, Eff. 9/9/94; AMD, 2000 MAR p. 2683, Eff. 10/6/00; AMD, 2002 MAR p. 3602, Eff. 12/13/02; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13; AMD, 2023 MAR p. 1611, Eff. 11/18/23.

Mont. Admin. R. 24.159.1469 Aprn Competence Development

(1) The APRN is expected to engage in ongoing competence development. Competence development is the method by which an APRN gains, maintains, or refines practice, knowledge, skills, and abilities. This development can occur through formal education programs, continuing education, or clinical practice and is expected to continue throughout the APRN's career. Documentation of competence development activities should be retained by the APRN for a minimum of five years and must be made available to the board upon request. The APRN must:

(a) submit verification of national recertification to the board within 30 days of issuance; and

(b) maintain an individualized quality assurance plan that:

(i) is relevant to the APRN's role and population focus, practice setting, and level of experience;

(ii) may include peer review, institutional review, and/or self-assessment;

(iii) includes methods for maintaining continued competence in providing patient care and evaluating patient outcomes; and

(iv) meets the standards set by the APRN's national professional organization.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, 37-8-409, MCA
History: NEW, 2013 MAR p. 1609, Eff. 9/6/13; AMD, 2021 MAR p. 991, Eff. 8/7/21; AMD, 2023 MAR p. 1611, Eff. 11/18/23.

Mont. Admin. R. 24.159.1470 Certified Nurse Practitioner Practice

(1) Certified Nurse Practitioner (CNP) practice means the independent and/or collaborative management of primary and/or acute health care of individuals, families, and communities across settings. The CNP is certified in acute or primary care and in the population focus of adult/geriatric, pediatric, neonatal, family/individual health across the lifespan, women's/gender-related, and/or psychiatric/mental health.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, 37-8-409, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2000 MAR p. 954, Eff. 4/14/00; AMD, 2002 MAR p. 3399, Eff. 12/13/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1475 Certified Nurse Midwifery Practice

(1) Certified Nurse Midwifery (CNM) practice means the independent and/or collaborative management of care of women throughout the lifespan. The CNM is certified in the population focus of women's/gender-related health and provides a full range of primary health care services to women throughout the lifespan, including gynecologic care, family planning services, preconception care, prenatal and postpartum care, childbirth, and the care of the newborn in diverse settings. The practice includes treating the male partner of their female clients for sexually transmitted diseases and for reproductive health.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, 37-8-409, MCA
History: NEW, 1983 MAR p. 10, Eff. 1/14/83; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2001 MAR p. 2152, Eff. 10/26/01; AMD, 2003 MAR p. 2861, Eff. 12/25/03; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1477 Circumstances Constituting a Low Risk of Adverse Homebirth Outcomes

(1) A low risk of adverse birth outcomes indicates a clinical scenario for which there is not clear demonstratable benefit for a medical intervention or transfer to a physician's care.

(2) Consultation with a physician does not preclude a low risk of adverse birth outcomes.

(3) Preexisting arrangements for emergency transportation to a nearby hospital if needed do not preclude a low risk of adverse birth outcomes.

(4) The following conditions preclude a low risk of adverse birth outcomes.

(a) Pre-existing conditions (not gynecological):

(i) subarachnoid hemorrhage, aneurysm;

(ii) recent or acute herniated nucleus pulposus;

(iii) active tuberculosis or ongoing treatment;

(iv) human immunodeficiency virus, acquired immunodeficiency syndrome, hepatitis B or hepatitis C;

(v) heart defect with hemodynamic consequences;

(vi) clotting disorders;

(vii) kidney dysfunction;

(viii) hypertension;

(ix) diabetes mellitus;

(x) unmedicated thyroid disorders with present TSH receptor antibodies;

(xi) inflammatory bowel disease, including ulcerative colitis and Crohn's disease;

(xii) systemic and rare disorders, including Addison's disease, Cushing's syndrome, systemic lupus erythematosus, antiphospholipid syndrome, scleroderma, rheumatoid arthritis, polyarteritis nodosa, Raynaud's disease, and Marfan syndrome;

(xiii) illegal drug use; or

(xiv) alcoholism.

(b) Pre-existing gynecological conditions:

(i) pelvic floor reconstruction;

(ii) conization;

(iii) myomectomy or other uterine surgery; or

(iv) uterine distortion, including bicornuate, septate, unicornuate, or didelphic conditions.

(i) blood group antagonism, including Rhesus, Kell, Duffy, and Kidd glycoproteins;

(ii) previous pre-term (before 34 weeks) birth. If a normal pregnancy occurred after the premature birth, the current birth may be considered to be low risk;

(iii) cervical insufficiency or cerclage;

(iv) placental abruption;

(v) caesarean section - must transfer current pregnancy at 37 weeks if no reason for transfer prior;

(vi) dysmaturity;

(vii) uncontrolled post-partum hemorrhage;

(viii) manual placental removal;

(ix) placenta accreta; and

(x) total uterine rupture with no functional recovery; or

(xi) history of intrauterine fetal demise.

(d) Occurring or diagnosed during pregnancy:

(i) rubella;

(ii) cytomegalovirus;

(iii) genital herpes (primo infection);

(iv) parvovirus;

(v) tuberculosis;

(vi) human immunodeficiency virus or acquired immunodeficiency syndrome;

(vii) syphilis;

(viii) illegal drug use;

(ix) alcoholism;

(x) maternal anemia;

(xi) extrauterine pregnancy;

(xii) amniotic fluid loss or preterm labor before 37 weeks;

(xiii) uncontrolled diabetes mellitus;

(xiv) gestational diabetes mellitus;

(xv) gestational hypertension with diastolic blood pressure above 100 or systolic blood pressure above 160;

(xvi) preeclampsia, superimposed preeclampsia, hemolysis, or elevated liver enzymes and low platelets (HELLP) syndrome;

(xvii) blood group antagonism;

(xviii) deep vein thrombosis;

(xix) clotting disorders;

(xx) vasa previa;

(xxi) velamentous cord insertion;

(xxii) placenta previa;

(xxiii) placental abruption;

(xxiv) serotonin syndrome;

(xxv) cervical insufficiency prior to 37 weeks of gestation;

(xxvi) multiple pregnancy;

(xxvii) breech or abnormal position at term; or

(xxviii) fetal mortality; or

(xxix) prolonged gestation > 42 weeks.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 2023 MAR p. 1561, Eff. 11/4/23.

Mont. Admin. R. 24.159.1480 Certified Registered Nurse Anesthetist Practice

(1) Certified Registered Nurse Anesthetist (CRNA) practice is the independent and/or collaborative performance of any act involving the determination, preparation, administration, or monitoring of anesthesia care and anesthesia-related services, and the management of acute and chronic pain. The CRNA is certified in the population of family/individual health across the lifespan whose health status may range from healthy through all recognized levels of acuity, including persons with immediate, severe, or life-threatening illnesses or injuries in diverse settings.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, 37-8-409, MCA
History: NEW, 1982 MAR p. 1603, Eff. 8/27/82; AMD, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2002 MAR p. 3320, Eff. 11/28/02; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1485 Clinical Nurse Specialist Practice

(1) Clinical Nurse Specialist (CNS) practice means the independent and/or collaborative delivery and management of individuals, families, groups, and communities. CNS practice integrates nursing practice, which focuses on assisting patients in the prevention or resolution of illness, with medical diagnosis and treatment of disease, injury, and disability. In addition to providing direct patient care, CNSs influence care outcomes by providing expert consultation for nursing staff and by implementing improvements in health care delivery systems. CNS certification may include the population focus of adult/geriatric, pediatric, neonatal, family/individual, and/or psychiatric/mental health.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, 37-8-409, MCA
History: NEW, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 2002 MAR p. 2315, Eff. 8/30/02; AMD, 2005 MAR p. 742, Eff. 5/13/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; AMD, 2013 MAR p. 1609, Eff. 9/6/13.

Mont. Admin. R. 24.159.1490 Psychiatric-Mental Health Practitioner Practice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, 37-8-409, MCA
History: NEW, 2003 MAR p. 2863, Eff. 12/25/03; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2008 MAR p. 2346, Eff. 11/7/08; REP, 2013 MAR p. 1609, Eff. 9/6/13.

(4) The nursing task to be delegated must be within the area of responsibility, scope of practice, and competency of the nurse delegating the task.

(5) The LPN or RN shall delegate to another only those nursing tasks for which that person has the necessary skills and competence to accomplish safely. In maintaining accountability for the delegation, the LPN or RN shall ensure:

(a) that the AP has the education and demonstrated competency to perform the delegated task;

(b) the task delegated is consistent with the AP's job description;

(d) results of the task are reasonably predictable;

(e) the task does not require clinical reasoning, nursing judgment, or critical decision making;

(f) patient needs and circumstances of the delegation are such that the delegation of the task poses minimal risk to the patient and can be safely performed according to clear and exact directions;

(g) directions and guidelines are clearly communicated regarding the delegated task;

(h) for delegation of a routine task on stable patients, there is verification that the AP follows each written facility policy or procedure when performing the delegated task;

(i) those to whom nursing tasks are delegated are properly supervised by monitoring performance, progress, and outcomes;

(j) evaluation of the effectiveness of the delegation;

(k) follow-up on problems and intervention and revision of the plan of care as needed;

(l) the observation and communication of the outcomes of the delegated task; and

(m) documentation of the task.

(6) The delegating nurse retains professional accountability for the delegated nursing task.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 2005 MAR p. 1022, Eff. 7/1/05; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2016 MAR p. 1010, Eff. 6/4/16; AMD, 2021 MAR p. 991, Eff. 8/7/21.

Mont. Admin. R. 24.159.1612 Standards Related to the Nurse Functioning as a Delegator

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 2005 MAR p. 1291, Eff. 7/1/05; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2016 MAR p. 1010, Eff. 6/4/16.

Mont. Admin. R. 24.159.1616 Nursing Tasks Related to Medications That May Be Delegated

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 2005 MAR p. 1291, Eff. 7/1/05; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2016 MAR p. 1010, Eff. 6/4/16.

Mont. Admin. R. 24.159.1625 General Nursing Functions and Tasks That May Not Be Delegated

(1) The following nursing tasks require nursing knowledge, judgment, and skill and may not be delegated:

(a) the nursing assessment;

(b) development of the nursing diagnosis;

(d) development of the nursing care plan; and

(e) evaluation of the patient's progress, or lack of progress, toward goal achievement.

(2) A nurse may not delegate to an AP the authority to receive verbal orders from providers.

(3) A nurse may not delegate to an AP the task of teaching or counseling patients or a patient's family relating to nursing and nursing services.

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 2005 MAR p. 1291, Eff. 7/1/05; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2016 MAR p. 1010, Eff. 6/4/16; AMD, 2021 MAR p. 991, Eff. 8/7/21.

Mont. Admin. R. 24.159.1630 Advanced Delegation, Generally

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 2005 MAR p. 1022, Eff. 7/1/05; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2016 MAR p. 1010, Eff. 6/4/16.

Mont. Admin. R. 24.159.1631 Advanced Delegation to Uap Nursing Students

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 2005 MAR p. 1291, Eff. 7/1/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2016 MAR p. 1010, Eff. 6/4/16.

Mont. Admin. R. 24.159.1636 Advanced Delegation to Uaps Working in the Emergency Department

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 2005 MAR p. 1022, Eff. 7/1/05; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2016 MAR p. 1010, Eff. 6/4/16.

Mont. Admin. R. 24.159.1640 Advanced Delegation to Uaps Working in the Dialysis Unit

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-8-202, MCA
Implementing statute(s): 37-1-131, 37-8-202, MCA
History: NEW, 2005 MAR p. 1022, Eff. 7/1/05; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2016 MAR p. 1010, Eff. 6/4/16.

Subchapter 24.159.20 Nurses' Assistance Program

Mont. Admin. R. 24.159.2001 Introduction of the Nurses' Assistance Program

(1) The Board of Nursing's medical assistance program shall be called the Nurses' Assistance Program (NAP), also referred to as the program. The program shall be based upon the concept that early identification, intervention, and referral to treatment are paramount to promoting public health, safety, and welfare in that it decreases the time between the nurse's acknowledgement of a substance use disorder or mental health problem or chronic physical illness and the time treatment is received. The NAP is a specially designed program that shall be available to assist all licensed nurses under the jurisdiction of the board who are found to be physically or mentally impaired by habitual intemperance; excessive use of addictive drugs, alcohol, or any other drug or substance; by mental illness; or chronic physical illness. The purpose of the program is to protect the public by putting appropriate monitoring processes in place for nurses with impairments that result in the inability to practice with reasonable skill and safety.

(2) The NAP will have two tracks:

(a) the disciplinary monitoring track; and

(b) the alternative monitoring track.

(3) The NAP will monitor the nurses' rehabilitation process to ensure safe practice.

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2001 MAR p. 167, Eff. 1/26/01; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2012 MAR p. 996, Eff. 5/11/12.

Mont. Admin. R. 24.159.2002 Administration of the Program

(1) The NAP shall be administered so that it is transparent and accountable to the public.

(2) The NAP program director shall ensure that the program has adequate resources and staffing to implement policies and procedures and all requirements of the contracts the program has with the department and with each program participant.

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2001 MAR p. 167, Eff. 1/26/01; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2012 MAR p. 996, Eff. 5/11/12.

Mont. Admin. R. 24.159.2003 Program Director Requirements

(1) The program director shall oversee the operation of the program and shall be responsible for ensuring that the program adheres to the contract entered into with the department.

(2) To be qualified, the program director must be able to demonstrate the following:

(a) the education, experience, and knowledge necessary to gather, read, and understand reports from licensed professional staff, in order to sufficiently monitor the program participants;

(b) the ability to demonstrate an understanding of issues particular to licensed professional healthcare workers;

(c) the ability to identify participant noncompliance with the program participant contract and policies and procedures in a timely manner; and

(d) the ability to adhere to policies regarding reporting noncompliances to the board.

(3) The program director shall ensure that the individuals contracted or employed by the program must include, but are not limited to:

(a) the program director;

(i) the program director cannot directly assess nurse program participants without staff input.

(b) a RN or APRN who holds a current and active license with no pending or current discipline, and has experience treating healthcare professionals;

(c) a licensed addiction counselor who holds a current and active license with no pending or current discipline, and has experience treating healthcare professionals;

(d) a licensed mental health practitioner who holds a current and active license with no pending or current discipline, and has experience treating healthcare professionals;

(e) a medical doctor with a current and active license with no pending or current discipline and who has experience treating healthcare professionals; and

(f) a monitor who serves as the consultant to the board;

(i) the monitor cannot directly assess or treat nurse program participants; and

(ii) the program director can serve as the monitor.

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2001 MAR p. 167, Eff. 1/26/01; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2012 MAR p. 996, Eff. 5/11/12.

Mont. Admin. R. 24.159.2004 Director Duties

(1) A director shall:

(a) develop a policy and procedure manual;

(b) submit quarterly activity/statistical reports as defined by the board to the board;

(d) report licensees in the NAP to the board who do not comply with the NAP requirements and/or for whom there is reasonable suspicion they may not be able to practice safe nursing;

(e) provide information and consultation to the board upon request;

(f) review statutes and rules with the board and its staff as directed by the board;

(g) recommend admissions and discharges of participants in the NAP to the board as appropriate;

(h) provide documentation of the monitoring of all NAP participants;

(i) maintain complete and accurate participant files;

(j) cooperate with board audits; and

(k) abide by all provisions of the contract entered into with the department.

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2001 MAR p. 167, Eff. 1/26/01; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2012 MAR p. 996, Eff. 5/11/12.

Mont. Admin. R. 24.159.2010 Disciplinary Monitoring Track

(1) Participation in the NAP may be mandated as a part of disciplinary action by the board.

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2001 MAR p. 167, Eff. 1/26/01; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2012 MAR p. 996, Eff. 5/11/12.

Mont. Admin. R. 24.159.2011 Admission Criteria - Disciplinary Monitoring Track

(1) A licensee may be admitted to the NAP disciplinary monitoring track if the licensee has violated the statutes or rules related to nursing practice which involved alcohol and/or drugs and/or a mental illness or chronic physical illness, and whom the board has ordered into the program as a part of disciplinary action.

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2001 MAR p. 167, Eff. 1/26/01; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2012 MAR p. 996, Eff. 5/11/12.

Mont. Admin. R. 24.159.2012 Program Requirements

(1) The program requirements of the NAP are that the licensee shall:

(a) agree to evaluations and testing necessary to determine treatment and monitoring needs while a part of the NAP;

(b) sign a contract with the NAP and comply with said contract and all requirements as indicated in the NAP participant handbook; and

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2001 MAR p. 167, Eff. 1/26/01; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2012 MAR p. 996, Eff. 5/11/12.

Mont. Admin. R. 24.159.2013 Discharge Criteria

(1) The licensee shall be discharged from the NAP when the licensee has:

(a) successfully completed the NAP;

(b) failed to comply with the NAP contract. The NAP will submit a report of failure to comply in the form of a complaint; or

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2001 MAR p. 167, Eff. 1/26/01; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2012 MAR p. 996, Eff. 5/11/12.

Mont. Admin. R. 24.159.2020 Alternative Monitoring Track

(1) The alternative monitoring track of the NAP is open to:

(a) any licensee who identifies a substance use disorder or mental illness or chronic physical illness and requests admission to the NAP and meets the admission criteria of ARM 24.159.2021; or

(b) those licensees referred by the board.

(2) With the exception of criminal charges and convictions, licensees may be reported by employers directly to the NAP in lieu of a formal complaint to the board. Failure to enroll with the NAP will result in a formal complaint to the board by the NAP. Failure to comply with the assistance program may result in a formal complaint to the board by the assistance program.

(3) When a complaint is filed against a licensee who has been successfully discharged from nondisciplinary NAP, the licensee's prior participation in NAP may be revealed to the board.

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1995 MAR p. 847, Eff. 5/12/95; AMD, 2001 MAR p. 167, Eff. 1/26/01; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2012 MAR p. 996, Eff. 5/11/12; AMD, 2019 MAR p. 1055, Eff. 7/27/19.

Mont. Admin. R. 24.159.2021 Admission Criteria - Alternative Monitoring Track

(1) A licensee may be admitted to the NAP alternative monitoring track if the licensee:

(a) is from another state and has applied for a nursing license in Montana and is enrolled in and compliant with a similar monitoring program in another state;

(b) is without a previous disciplinary action from any licensing board;

(d) has successfully completed the NAP or similar monitoring program.

(2) A licensee is not eligible for admission to the alternative monitoring track without board review if the licensee:

(a) is not eligible for licensure in the jurisdiction;

(b) has previously been unsuccessfully discharged from a professional monitoring or assistance program;

(d) has engaged in behavior that has high potential to cause patient harm such as diverting drugs by replacing the drug with another drug; or

(e) has while under a NAP contract, returned to use of a prohibited or proscribed substance on three or more separate occasions.

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1995 MAR p. 847, Eff. 5/12/95; AMD, 2001 MAR p. 167, Eff. 1/26/01; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2012 MAR p. 996, Eff. 5/11/12; AMD, 2015 MAR p. 642, Eff. 5/29/15.

Mont. Admin. R. 24.159.2022 Program Requirements - Nondisciplinary Track

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2001 MAR p. 167, Eff. 1/26/01; TRANS, from Commerce, 2006 MAR p. 2035; REP, 2012 MAR p. 996, Eff. 5/11/12.

Mont. Admin. R. 24.159.2023 Discharge Criteria - Nondisciplinary Track

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-8-202, MCA
Implementing statute(s): 37-8-202, MCA
History: NEW, 1991 MAR p. 2435, Eff. 12/13/91; AMD, 2001 MAR p. 167, Eff. 1/26/01; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; REP, 2012 MAR p. 996, Eff. 5/11/12.

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-1-321, MCA
History: NEW, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2019 MAR p. 1055, Eff. 7/27/19; REP, 2023 MAR p. 1611, Eff. 11/18/23.

Subchapter 24.159.23 Unprofessional Conduct

Mont. Admin. R. 24.159.2301 Conduct of Nurses

(1) Professional conduct for nurses is behavior including acts, knowledge, and practices, which through professional experience, has become established by practicing nurses as conduct which is reasonably necessary for the protection of the public interests.

(a) While working as a nurse, the nurse will identify himself or herself with a name badge disclosing, at a minimum, first name, first initial of last name, and license type. The identification badge will be written in a standard bold face font with a font size of no less than 18 point.

(b) All nurses shall notify the board of any change in address within ten days of the change. Failure to notify the board of an address change may result in a fine.

(2) Unprofessional conduct, for purposes of defining 37-1-307, MCA, in addition to unprofessional conduct listed at 37-1-316, MCA, the following being unique, is determined by the board to mean behavior (acts, omissions, knowledge, and practices) which fails to conform to the accepted standards of the nursing profession and which could jeopardize the health and welfare of the people and shall include, but not be limited to, the following:

(a) failing to utilize appropriate judgment in administering safe nursing practice based upon the level of nursing for which the individual is licensed;

(b) failing to exercise technical competence in carrying out nursing care;

(d) failing to safeguard the patient's dignity and right to privacy;

(e) verbally or physically abusing patients;

(f) performing procedures beyond the authorized scope of the level of nursing and/or health care for which the individual is licensed as defined by rules;

(g) altering and/or manipulating drug supplies, narcotics, or patients' records;

(h) falsifying patients' records, intentionally charting incorrectly or failing to chart;

(i) regarding patient records, to fail to:

(i) appropriately secure records;

(ii) appropriately document patient care; or

(iii) for licensees in private practice and in accordance with applicable law, transfer records to another licensed health care provider, the patient, or the patient’s representative when requested to do so by the patient or the patient’s legally designated representative;

(j) diversion of a medication for any purpose;

(k) violating state or federal laws relative to drugs;

(l) intentionally committing any act that adversely affects the physical or psychosocial welfare of the patient;

(m) delegating nursing care, functions, tasks and/or responsibilities to others contrary to the Montana laws and rules governing nursing and/or to the detriment of patient safety;

(n) failing to exercise appropriate supervision over persons who are practicing under the supervision of the licensed professional;

(o) leaving a nursing assignment without properly notifying appropriate personnel;

(p) practicing professional or practical nursing as a registered or practical nurse in this state without a current active Montana license or permit;

(q) failing to report to the board information known to the individual regarding any possible violation of the statutes or rules relating to nursing;

(r) a license or certificate in a related health care discipline in Montana, another state or any jurisdiction denied, revoked, suspended, placed on probation or voluntarily surrendered for any reason that would constitute a basis for disciplinary action in this state;

(s) failing to comply with the contract provisions of the nurses' assistance program;

(t) refusing to sign for or accept a certified mailing from the board; or

(u) failing to participate and cooperate in a Department of Labor and Industry investigation;

(v) failing to report to the board within 30 days of the date of the final judgment, order, or agency action, any malpractice, professional misconduct, criminal, or disciplinary action in which the nurse or the nurse's employer, on account of the nurse's conduct, is a named party;

(w) failing to report voluntary surrender of a DEA registration to the board within 30 days of the date of the voluntary surrender; and

(x) violating a state or federal statute while performing or attempting to perform the practice of nursing.

History

Authorizing statute(s): 37-1-319, 37-8-202, MCA
Implementing statute(s): 37-1-316, 37-1-319, 37-8-202, MCA
History: NEW, 1979 MAR p. 1247, Eff. 10/12/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 1556, Eff. 10/18/85; AMD, 1988 MAR p. 2720, Eff. 12/23/88; AMD, 1994 MAR p. 1424, Eff. 5/27/94; AMD, 1996 MAR p. 418, Eff. 2/9/96; AMD, 1996 MAR p. 1489, Eff. 6/7/96; AMD, 1997 MAR p. 626, Eff. 4/8/97; AMD, 2000 MAR p. 2681, Eff. 10/6/00; AMD, 2002 MAR p. 3399, Eff. 12/13/02; AMD, 2005 MAR p. 1686, Eff. 9/9/05; TRANS, from Commerce, & AMD, 2006 MAR p. 2035, Eff. 8/25/06; AMD, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2021 MAR p. 991, Eff. 8/7/21; AMD, 2026 MAR, Notice No. 2026-114, Eff. 9/26/26.

Mont. Admin. R. 24.159.2305 Administrative Suspension

(1) The board authorizes the department to:

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department's licensee lookup and license verification databank.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2023 MAR p. 1561, Eff. 11/4/23.

Chapter 24.160 Pediatric Complex Care Assistants

Subchapter 24.160.3 Definitions

Mont. Admin. R. 24.160.301 Definitions

(1) "Certified" refers to documentation accepted by the department setting forth completed training of a licensee or license applicant by an approved provider.

(2) "Medical provider" includes a primary care provider and specialist care providers.

History

Authorizing statute(s): 37-2-603, 37-2-610, MCA
Implementing statute(s): 37-2-603, 37-2-610, MCA
History: NEW, 2023 MAR p. 1412, Eff. 10/21/23.

Subchapter 24.160.4 Fee Schedule

Mont. Admin. R. 24.160.401 Fees

(1) Initial and renewal application fees are $25.

History

Authorizing statute(s): 37-2-610, MCA
Implementing statute(s): 37-2-610, MCA
History: NEW, 2023 MAR p. 1412, Eff. 10/21/23.

Subchapter 24.160.5 Pediatric Complex Care Assistants

Mont. Admin. R. 24.160.501 Pediatric Complex Care Services

(1) In addition to those services defined in 37-2-603, MCA, a licensee may perform:

(a) bowel care, including enema administration and ostomy care;

(b) wound care;

(d) airway management, including oxygen management.

History

Authorizing statute(s): 37-2-603, 37-2-610, MCA
Implementing statute(s): 37-2-603, 37-2-610, MCA
History: NEW, 2023 MAR p. 1412, Eff. 10/21/23.

Mont. Admin. R. 24.160.505 Training Program

(1) The department approves training of a licensee or license applicant by:

(a) the medical provider of the individual for whom the licensee will provide care; or

(b) a training provider specially equipped to provide training for pediatric complex care, in which case the training provider must register with the department.

(2) Training must be certified by the training provider and identify, on a form provided by the department, what services the licensee or license applicant has been trained to provide.

(3) A licensee may receive additional training from a training provider to increase the scope of care they are permitted to provide. The licensee may only perform services for which training has been certified.

History

Authorizing statute(s): 37-2-603, 37-2-610, MCA
Implementing statute(s): 37-2-603, 37-2-610, MCA
History: NEW, 2023 MAR p. 1412, Eff. 10/21/23.

Subchapter 24.160.23 Unprofessional Conduct

Mont. Admin. R. 24.160.2301 Unprofessional Conduct

(1) It is unprofessional conduct for a licensee or applicant to violate any statute, rule, or standard of care governing their scope of practice, or exceeding the scope of practice for which they are licensed, trained, and educated to perform. The following additionally constitutes unprofessional conduct by licensees or license applicants:

(a) failing to cooperate with an investigation by or request for information from the department;

(b) performing services not trained and certified following ARM 24.160.505.

History

Authorizing statute(s): 37-2-603, 37-2-610, MCA
Implementing statute(s): 37-2-603, 37-2-610, MCA
History: NEW, 2023 MAR p. 1412, Eff. 10/21/23.

Chapter 24.162 Board of Nursing Home Administrators

Subchapter 24.162.1 Organizational Rule

Mont. Admin. R. 24.162.101 Board Organization

(1) The Board of Nursing Home Administrators adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.162.2 Procedural Rules

Mont. Admin. R. 24.162.201 Procedural Rules

(1) The Board of Nursing Home Administrators adopts and incorporates the procedural rules of the department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.162.202 Public Participation

(1) The Board of Nursing Home Administrators adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, Eff. 4/4/77; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.162.3 Definitions

Mont. Admin. R. 24.162.301 Definitions

(1) "Health care facility" shall mean licensed long-term facility, or licensed acute care facility, as defined by 50-5-301(2)(b)(i), MCA.

History

Authorizing statute(s): 37-9-203, MCA
Implementing statute(s): 37-9-203, 37-9-301, MCA
History: NEW, 1992 MAR p. 2640, Eff. 12/11/92; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2018 MAR p. 2053, Eff. 10/20/18; AMD, 2026 MAR, Notice No. 2025-122, Eff. 4/11/26.

Authorizing statute(s): 37-9-201, MCA
Implementing statute(s): 37-9-311, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 375; REP, 2016 MAR p. 1958, Eff. 10/29/16.

Mont. Admin. R. 24.162.415 General Requirements

(1) The license, together with evidence of current validation, shall be conspicuously displayed within the facility served by the licensee.

History

Authorizing statute(s): 37-9-203, MCA
Implementing statute(s): 37-9-203, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2016 MAR p. 1958, Eff. 10/29/16; AMD, 2026 MAR, Notice No. 2025-122, Eff. 4/11/26.

Mont. Admin. R. 24.162.420 Fee Schedule

(1) Applicant and licensee fees are as follows:

(a) application by examination $150

(b) application by examination and provisional license 150

(d) jurisprudence reexamination (each retake) 75

(e) active renewal 125

(2) Additional standardized fees are specified in ARM 24.101.403.

(3) All fees are nonrefundable.

(4) The NAB examination fee and reexamination fee is set by the examination administrator, and is paid by the applicant directly to the examination administrator.

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-9-304, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-1-141, 37-9-304, MCA
History: Eff. 12/31/72; AMD, 1979 MAR p. 849, Eff. 8/17/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 1349, Eff. 9/30/83; AMD, 1984 MAR p. 1753, Eff. 11/30/84; AMD, 1987 MAR p. 1206, Eff. 7/31/87; AMD, 1989 MAR p. 14, Eff. 12/9/88; AMD, 1991 MAR p. 2446, Eff. 12/13/91; AMD, 1998 MAR p. 2964, Eff. 11/6/98; RESCIND, (CI-75), 1999 MAR p. 67, Eff. 1/15/99; AMD, 1999 MAR p. 1123, Eff. 5/21/99; AMD, 2000 MAR p. 1035, Eff. 4/28/00; AMD, 2003 MAR p. 306, Eff. 2/28/03; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2005 MAR p. 2252, Eff. 11/11/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2009 MAR p. 2024, Eff. 10/30/09; AMD, 2016 MAR p. 1958, Eff. 10/29/16; AMD, 2026 MAR, Notice No. 2025-122, Eff. 4/11/26.

Mont. Admin. R. 24.162.425 Administrative Suspension

(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

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2026 MAR, Notice No. 2025-122, Eff. 4/11/26.

Subchapter 24.162.5 Licensing

Mont. Admin. R. 24.162.501 Application and Documentation for Licensure

(1) An applicant must submit a completed application form documenting:

(a) education, training, experience, or a combination thereof totaling 1,200 points, as set forth below;

(b) passage of the national examination of the National Association of Long Term Care Administrator Boards; and

(c) a final score of at least 90% on the open book jurisprudence examination relating to the provisions of the Montana long-term care facilitating licensing law and regulation.

(2) An application shall be filed and must be accompanied by the required fee, which shall not be refunded.

(3) The application information furnished by each applicant shall be evaluated by the board and given point-value to determine whether the applicant has sufficient experience, education or training. The experience, education or training requirements are set out in (a) through (c) below.

(a) Experience will be accepted for categories set out in (i) through (iii) below. Designated points are given based upon 40 hours or more per week. Documented part-time employment will be prorated on a full-time employee (40 hours per week) status. An applicant seeking points for experience earned beyond the seven-year period preceding the application date will not be awarded points unless the application is accompanied with documentation of such experience. Adequate documentation consists of a supervisor's letter, Internal Revenue Service W-4 form, or employment evaluations signed by a supervisor or other official verification of employment.

(i) management experience in health care, with or without supervision, from the administration, no more than 200 points/year;

(ii) direct services experience providing health care services with direct patient contact, no more than 100 points/year;

(iii) support services (indirect experience) experience in health care facility(ies) with indirect patient contact, no more than 50 points/year;

(b) Credit for educational training will be given as set forth in (i) through (v) below. In the case where multiple degrees have been attained, credit shall be given for one degree only, according to the degree designated for credit by the license applicant.

(i) bachelor degree or higher in a health care or business field equals 1,200 points;

(ii) bachelor degree in any other field equals 800 points;

(iii) associate degree in a health care or business field equals 600 points;

(iv) associate degree in any other field equals 400 points;

(v) college/university course work in a health or business related course, (completed with a grade of not less than "C") equals 20 points/credit hour.

(d) Administrator-in-training (AIT) programs may be submitted for one point per clock hour credit for hours earned. Verification of clock hours must be documented and signed by the licensed active nursing home administrator.

(4) The applicant must submit a copy of all documents including transcript and diploma or degree, if applicable, to provide a sufficient basis for the board to evaluate the points earned by the applicant.

History

Authorizing statute(s): 37-1-131, 37-9-203, MCA
Implementing statute(s): 37-1-131, 37-9-203, 37-9-301, 37-9-304, MCA
History: NEW, 1992 MAR p. 2640, Eff. 12/11/92; AMD, 1994 MAR p. 2822, Eff. 10/28/94; AMD, 1998 MAR p. 161, Eff. 1/16/98; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2009 MAR p. 2024, Eff. 10/30/09; AMD, 2018 MAR p. 2053, Eff. 10/20/18; AMD, 2026 MAR, Notice No. 2025-122, Eff. 4/11/26.

Mont. Admin. R. 24.162.502 Military Training or Experience (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 855, Eff. 4/25/14; AMD, 2016 MAR p. 1958, Eff. 10/29/16; REP, 2026 MAR, Notice No. 2025-122, Eff. 4/11/26.

Mont. Admin. R. 24.162.503 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2016 MAR p. 1958, Eff. 10/29/16; AMD, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.162.504 Examinations (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-9-203, 37-9-304, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-9-203, 37-9-301, 37-9-304, MCA
History: Eff. 12/31/72; AMD, Eff. 6/5/74; AMD, Eff. 8/5/75; AMD, Eff. 3/7/76; AMD, Eff. 8/5/76; AMD, 1979 MAR p. 849, Eff. 7/17/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 1663, Eff. 11/11/83; AMD, 1987 MAR p. 1206, Eff. 7/31/87; AMD, 1988 MAR p. 710, Eff. 4/15/88; AMD, 1988 MAR p. 2567, Eff. 12/9/88; AMD, 1991 MAR p. 2446, Eff. 12/13/91; AMD, 1992 MAR p. 2640, Eff. 12/11/92; AMD, 1993 MAR p. 396, Eff. 2/12/93; AMD, 1998 MAR p. 2964, Eff. 11/6/98; RESCIND, (CI-75), 1999 MAR p. 67, Eff. 1/15/99; AMD, 1999 MAR p. 1123, Eff. 5/21/99; AMD, 2000 MAR p. 1035, Eff. 4/28/00; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2016 MAR p. 1958, Eff. 10/29/16; REP, 2026 MAR, Notice No. 2025-122, Eff. 4/11/26.

Mont. Admin. R. 24.162.506 Provisional License

(1) An application for a provisional license must be accompanied by the required fee, which will not be refunded.

(2) The provisional license is valid until the applicant either fails the first national examination taken or passes the examination and is granted a license, but may not exceed six months.

(3) Only one provisional license will be issued per applicant.

History

Authorizing statute(s): 37-1-144, MCA
Implementing statute(s): 37-1-144, MCA
History: Eff. 12/31/72; AMD, Eff. 9/4/75; AMD, 1979 MAR p. 849, Eff. 8/16/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2009 MAR p. 2024, Eff. 10/30/09; AMD, 2018 MAR p. 2053, Eff. 10/20/18; AMD, 2026 MAR, Notice No. 2025-122, Eff. 4/11/26.

Mont. Admin. R. 24.162.509 Reinstatement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-9-201, 37-9-203, MCA
Implementing statute(s): 37-1-131, 37-9-201, 37-9-203, 37-9-305, MCA
History: Eff. 12/31/72; AMD, Eff. 3/7/76; TRANS, from Dept of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1987 MAR p. 1206, Eff. 7/31/87; AMD, 1991 MAR p. 2446, Eff. 12/13/91; TRANS, from Commerce, 2005 MAR p. 375; REP, 2016 MAR p. 1958, Eff. 10/29/16.

Mont. Admin. R. 24.162.510 Licensure by Credential (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-9-203, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-9-203, MCA
History: Eff. 12/31/72; AMD, Eff. 6/5/74; AMD, 1979 MAR p. 849, Eff. 8/17/79; AMD, 1980 MAR p. 2589, Eff. 9/12/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1991 MAR p. 2446, Eff. 12/13/91; AMD, 1993 MAR p. 396, Eff. 2/12/93; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2009 MAR p. 2024, Eff. 10/30/09; AMD, 2016 MAR p. 1958, Eff. 10/29/16; AMD, 2018 MAR p. 2053, Eff. 10/20/18; REP, 2026 MAR, Notice No. 2025-122, Eff. 4/11/26.

Mont. Admin. R. 24.162.512 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.162.515 Inactive License (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-1-319, 37-9-203, MCA
Implementing statute(s): 37-1-134, 37-1-319, 37-9-203, MCA
History: NEW, Eff. 1/5/74; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2016 MAR p. 1958, Eff. 10/29/16; REP, 2026 MAR, Notice No. 2025-122, Eff. 4/11/26.

Mont. Admin. R. 24.162.520 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Nursing Home Administrators publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2025-122, Eff. 4/11/26.

Subchapter 24.162.21 Renewals And Continuing Education

Mont. Admin. R. 24.162.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-141, 37-9-201, MCA
Implementing statute(s): 37-1-141, 37-9-304, 37-9-305, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2005 MAR p. 377, Eff. 3/18/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2016 MAR p. 1958, Eff. 10/29/16.

Mont. Admin. R. 24.162.2105 Continuing Education

(1) Each active licensee must complete 20 hours of continuing education (CE) annually for renewal of a license.

(2) A licensee with an inactive license must complete 20 hours of CE for the immediately prior renewal period before requesting the board to issue an active license.

(3) A licensee is exempt from the CE requirement the year of original licensure.

(4) The board/staff will not pre-approve CE programs or sponsors. It is the responsibility of the licensee to select quality programs that:

(a) contribute to the licensee's knowledge and professional competence;

(b) contain significant intellectual or practical content; and

(5) A CE program means a class, institute, lecture, conference, workshop, audio, video, internet or correspondence course or peer-reviewed publication of a journal article(s) or textbook(s) that meets the requirements of (4). Programs that promote a company, individual, or product are excluded.

(6) The board may grant CE hours to a licensee who attended courses or programs accepted by other state boards or associations of nursing home administrators, if the licensee demonstrates that the activity meets the requirements of (4).

(7) No more than 15 hours of college courses may be submitted for CE credit without prior approval of the board. These courses must comply with the requirements of (4).

(8) One semester credit is equal to 15 CE hours, and 60 minutes of class time is equal to one CE hour.

(9) All acceptable CE courses must issue a program or certificate of completion containing the following information:

(a) full name and qualifications of the presenter;

(b) title of the presentation attended;

(d) name of sponsor; and

(e) description of the presentation format.

(10) Licensees can earn up to a maximum of eight CE hours per year by teaching acceptable university or college courses.

(a) Acceptable courses are based on the following criteria:

(i) courses must be germane to the licensee's profession;

(ii) the licensee must be the instructor of the course; and

(iii) the course must be addressed to health professionals.

(b) The instructor will be awarded two CE hours for a one hour presentation.

(d) Instructors employed by universities and colleges will not receive CE hours in this section for conducting courses that are a part of the regular course offering of the institutions. This applies to courses that are offered in the evening or summer.

(11) The board will conduct random CE audits. Licensees selected for audit shall submit proof of completion of CE courses. Licensees are responsible for maintaining their CE records and making such records available upon board request.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-9-203, MCA
Implementing statute(s): 37-1-306, 37-1-319, 37-9-203, MCA
History: NEW, Eff. 5/5/74; AMD, Eff. 9/4/75; AMD, 1979 MAR p. 849, Eff. 8/17/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 1349, Eff. 9/30/83; AMD, 1987 MAR p. 1206, Eff. 7/31/87; AMD, 1991 MAR p. 2446, Eff. 12/13/91; AMD, 2000 MAR p. 1035, Eff. 4/28/00; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2005 MAR p. 377, Eff. 3/18/05; AMD, 2009 MAR p. 2024, Eff. 10/30/09; AMD, 2016 MAR p. 1958, Eff. 10/29/16.

Subchapter 24.162.23 Unprofessional Conduct

Mont. Admin. R. 24.162.2301 Unprofessional Conduct

(1) The following is unprofessional conduct:

(a) failure to take appropriate action on an employee who diverts drugs or medications prescribed for residents;

(b) acceptance of valuable consideration for the solicitation or procurement, either directly or indirectly, of nursing home usage;

(d) continuous failure, or allowing the continuous failure, of employees to comply with standards for the operation of the nursing home for which the administrator is responsible;

(e) willful failure to correct deficiencies or failure to maintain corrective measures in the nursing home as cited by any agency of government which has nursing home administration responsibility;

(f) failing to maintain or provide accounting of or for residents' property or assets during their stay in the nursing home. However, the administrator shall be responsible only for that property with which he has been specifically entrusted by the resident, or that property over which the administrator has reasonable means of exercising security; and

(g) allowing harassment or abuse of residents by employees.

History

Authorizing statute(s): 37-1-131, 37-9-201, 37-9-203, MCA
Implementing statute(s): 37-9-203, MCA
History: NEW, 1979 MAR p. 849, Eff. 8/17/79; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1991 MAR p. 2446, Eff. 12/13/91; TRANS, from Commerce, 2005 MAR p. 375; AMD, 2026 MAR, Notice No. 2025-122, Eff. 4/11/26.

Chapter 24.165 Board of Occupational Therapy Practice

Subchapter 24.165.1 Organizational Rule

Mont. Admin. R. 24.165.101 Board Organization (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1986 MAR p. 943, Eff. 5/30/86; TRANS, from Commerce, 2004 MAR p. 2280; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.165.2 Procedural Rules

Mont. Admin. R. 24.165.201 Procedural Rules (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1986 MAR p. 943, Eff. 5/30/86; TRANS, from Commerce, 2004 MAR p. 2280; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.165.202 Public Participation (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1986 MAR p. 943, Eff. 5/30/86; TRANS, from Commerce, 2004 MAR p. 2280; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.165.3 Definitions

Mont. Admin. R. 24.165.301 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): 37-1-131, 37-24-201, 37-24-202, MCA
Implementing statute(s): 37-24-103, 37-24-104, 37-24-105, 37-24-106, 37-24-202, MCA
History: NEW, 1986 MAR p. 943, Eff. 5/30/86; AMD, 1989 MAR p. 1191, Eff. 8/18/89; AMD, 1994 MAR p. 663, Eff. 4/1/94; AMD, 1996 MAR p. 2379, Eff. 9/6/96; TRANS, from Commerce, 2004 MAR p. 2280; REP, 2005 MAR p. 447, Eff. 4/1/05.

Mont. Admin. R. 24.165.302 Definitions (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-24-201, 37-24-202, MCA
Implementing statute(s): 37-24-103, 37-24-105, 37-24-106, 37-24-107, 37-24-108, MCA
History: NEW, 2015 MAR p. 56, Eff. 1/30/15; AMD, 2016 MAR p. 2422, Eff. 12/24/16; AMD, 2019 MAR p. 1743, Eff. 10/5/19; AMD, 2021 MAR p. 556, Eff. 5/15/21; AMD, 2021 MAR p. 1321, Eff. 10/9/21; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Authorizing statute(s): 37-24-201, 37-24-202, MCA
Implementing statute(s): 37-1-304, 37-24-302, 37-24-303, MCA
History: NEW, 2005 MAR p. 447, Eff. 4/1/05; REP, 2019 MAR p. 1743, Eff. 10/5/19.

Subchapter 24.165.6 Licensing and Board Specific Rules

Mont. Admin. R. 24.165.601 Temporary Practice Permit (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-305, 37-1-319, MCA
Implementing statute(s): 37-1-319, MCA
History: NEW, 1986 MAR p. 943, Eff. 5/30/86; AMD, 1996 MAR p. 2379, Eff. 9/6/96; TRANS, from Commerce, 2004 MAR p. 2280; AMD, 2019 MAR p. 1743, Eff. 10/5/19; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.165.604 Inactive Status (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-319, MCA
History: NEW, 1986 MAR p. 943, Eff. 5/30/86; AMD, 1996 MAR p. 2379, Eff. 9/6/96; TRANS, from Commerce, 2004 MAR p. 2280; AMD, 2015 MAR p. 56, Eff. 1/30/15; AMD, 2019 MAR p. 1743, Eff. 10/5/19; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Authorizing statute(s): 37-1-141, 37-24-201, 37-24-202, MCA
Implementing statute(s): 37-1-141, 37-24-102, 37-24-301, 37-24-306, MCA
History: NEW, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2019 MAR p. 140, Eff. 1/26/19.

Subchapter 24.165.23 Unprofessional Conduct

Mont. Admin. R. 24.165.2301 Unprofessional Conduct (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-24-202, MCA
Implementing statute(s): 37-1-136, 37-1-307, 37-1-308, 37-1-309, 37-1-311, 37-1-312, 37-1-316, 37-24-202, MCA
History: NEW, 1986 MAR p. 943, Eff. 5/30/86; AMD, 1989 MAR p. 1191, Eff. 8/18/89; AMD, 1994 MAR p. 25, Eff. 1/14/94; AMD, 1996 MAR p. 2379, Eff. 9/6/96; AMD, 1998 MAR p. 2266, Eff. 8/28/98; TRANS, from Commerce, 2004 MAR p. 2280; AMD, 2007 MAR p. 1450, Eff. 9/21/07; AMD, 2019 MAR p. 140, Eff. 1/26/19; AMD, 2019 MAR p. 1743, Eff. 10/5/19; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Chapter 24.168 Board of Optometry

Subchapter 24.168.1 Organizational Rule

Mont. Admin. R. 24.168.101 Board Organization

(1) The Board of Optometry adopts and incorporates the organizational rules of the department of labor and industry as listed in Chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.168.2 Procedural Rules

Mont. Admin. R. 24.168.201 Procedural Rules

(1) The Board of Optometry adopts and incorporates the procedural rules of the department of labor and industry as listed in Chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.168.202 Public Participation

(1) The Board of Optometry adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, Eff. 11/25/77; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.168.203 Board Meetings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-10-201, 37-10-202, MCA
Implementing statute(s): 37-10-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1993 MAR p. 2121, Eff. 9/17/93; TRANS, from Commerce, 2003 MAR p. 2083; REP, 2020 MAR p. 901, Eff. 5/16/20.

Subchapter 24.168.3 Definitions

Mont. Admin. R. 24.168.301 Definitions

For the purposes of this chapter, the following definitions apply:

(1) "ACOE" means the Accreditation Council on Optometry Education of the American Optometric Association.

(2) "ARBO" means the Association of Regulatory Boards of Optometry.

(3) "Anterior segment of the eye" means that part of the eye anterior to the vitreous face.

(4) "Asynchronous," as distinct from "synchronous," refers to non-live training.

(5) "NBEO" means the National Board of Examiners in Optometry.

(6) "TMOD" means the Treatment and Management of Ocular Disease multiple choice examination administered by NBEO.

(7) "TPA" means certification by the board in therapeutic pharmaceutical agents.

History

Authorizing statute(s): 37-10-202, MCA
Implementing statute(s): 37-10-101, 37-10-103, 37-10-304, MCA
History: NEW, 1993 MAR p. 398, Eff. 3/26/93; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2007 MAR p. 296, Eff. 3/9/07; AMD, 2023 MAR p. 1621, Eff. 11/18/23.

Subchapter 24.168.4 General Provisions

Mont. Admin. R. 24.168.401 Fee Schedule

(1) Application fee $175

(2) Annual renewal 175

(3) Therapeutic pharmaceutical agents or laser surgical certificate application fee 75

(4) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-10-202, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-1-304, 37-10-302, MCA
History: NEW, 1982 MAR p. 1390, Eff. 7/16/82; AMD, 1985 MAR p. 349, Eff. 4/12/85; AMD, 1987 MAR p. 2234, Eff. 12/11/87; AMD, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1993 MAR p. 2121, Eff. 9/17/93; AMD, 1997 MAR p. 305, Eff. 2/11/97; AMD, 1998 MAR p. 925, Eff. 4/17/98; AMD, 2003 MAR p. 558, Eff. 3/28/03; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2005 MAR p. 651, Eff. 4/29/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 296, Eff. 3/9/07; AMD, 2008 MAR p. 2181, Eff. 10/10/08; AMD, 2010 MAR p. 1405, Eff. 6/11/10; AMD, 2017 MAR p. 788, Eff. 6/10/17; AMD, 2025 MAR, Notice No. 2025-137, Eff. 7/1/25; AMD, 2026 MAR, Notice No. 2026-316, Eff. 9/26/26.

Mont. Admin. R. 24.168.402 Licensure Requirements

(1) All applicants for licensure shall submit:

(a) a completed application;

(b) the application fee; and

(2) Applicants must meet the following requirements:

(a) successful passage of all parts of the national optometry examination administered by the NBEO with scores sent directly from the examination agency;

(b) passage of the TMOD examination; and

(c) graduation with a transcript sent directly from the college, university, or institution approved by the ACOE, and recognized by ARBO, in which the practice and science of optometry is taught.

(3) Applicants licensed in another jurisdiction must provide an official verification directly from each jurisdiction where a license is held.

(4) Applicants shall read and understand the statutes and rules of the board for compliance with their profession.

(5) Proof of an applicant's familiarity with the board statutes and rules is evidenced by attestation on the application.

History

Authorizing statute(s): 37-1-131, 37-10-202, 37-10-302, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-10-301, 37-10-302, 37-10-304, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/74; AMD, Eff. 8/4/74; AMD, 1978 MAR p. 725, Eff. 5/26/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 1582, Eff. 9/26/86; AMD, 1991 MAR p. 1485, Eff. 8/16/91; AMD, 1993 MAR p. 2121, Eff. 9/17/93; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2007 MAR p. 296, Eff. 3/9/07; AMD, 2008 MAR p. 2181, Eff. 10/10/08; AMD, 2010 MAR p. 1405, Eff. 6/11/10; AMD, 2018 MAR p. 307, Eff. 2/10/18; AMD, 2023 MAR p. 1621, Eff. 11/18/23; AMD, 2026 MAR, Notice No. 2026-316, Eff. 9/26/26.

Mont. Admin. R. 24.168.403 Fee Abatement

(1) The Board of Optometry adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2007 MAR p. 296, Eff. 3/9/07.

Mont. Admin. R. 24.168.405 Examinations

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-10-202, MCA
Implementing statute(s): 37-10-201, 37-10-302, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/74; AMD, Eff. 8/4/74; AMD, 1978 MAR p. 725, Eff. 5/26/78; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1989 MAR p. 318, Eff. 2/24/89; AMD, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1991 MAR p. 1485, Eff. 8/16/91; AMD, 1993 MAR p. 2121, Eff. 9/17/93; TRANS, from Commerce, 2003 MAR p. 2083; REP, 2007 MAR p. 296, Eff. 3/9/07.

Mont. Admin. R. 24.168.406 Military Training or Experience

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 973, Eff. 5/9/14; AMD, 2018 MAR p. 307, Eff. 2/10/18; REP, 2023 MAR p. 1621, Eff. 11/18/23.

Mont. Admin. R. 24.168.407 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2015 MAR p. 143, Eff. 2/13/15; AMD, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.168.408 Licensure by Endorsement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-10-202, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 1997 MAR p. 305, Eff. 2/11/97; AMD, 1998 MAR p. 925, Eff. 4/17/98; AMD, 1999 MAR p. 2760, Eff. 12/3/99; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2007 MAR p. 296, Eff. 3/9/07; AMD, 2008 MAR p. 2181, Eff. 10/10/08; REP, 2010 MAR p. 1405, Eff. 6/11/10.

Mont. Admin. R. 24.168.409 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.168.410 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2026 substantial equivalency list for the Board of Optometry publication. The publication is available on the board’s website.

(2) The board will review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2026-316, Eff. 9/26/26.

Mont. Admin. R. 24.168.411 General Practice Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-10-202, MCA
Implementing statute(s): 37-1-131, 37-10-202, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1390, Eff. 7/16/82; AMD, 1983 MAR p. 1717, Eff. 11/26/83; AMD, 1986 MAR p. 1582, Eff. 9/26/86; AMD, 1988 MAR p. 1811, Eff. 8/12/88; AMD, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1995 MAR p. 1415, Eff. 7/28/95; AMD, 1997 MAR p. 305, Eff. 2/11/97; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2007 MAR p. 296, Eff. 3/9/07; AMD, 2008 MAR p. 2181, Eff. 10/10/08; AMD, 2018 MAR p. 307, Eff. 2/10/18; AMD, 2020 MAR p. 901, Eff. 5/16/20; REP, 2023 MAR p. 1621, Eff. 11/18/23.

Mont. Admin. R. 24.168.421 Optometrist's Role in Postoperative Care

(1) A licensed optometrist may provide postoperative and/or follow-up care for any patient who has undergone any ocular surgical procedure. The optometrist may deliver postoperative and/or follow-up care after consultation with the surgeon and the patient.

History

Authorizing statute(s): 37-10-202, MCA
Implementing statute(s): 37-10-101, MCA
History: NEW, 1993 MAR p. 398, Eff. 3/26/93; TRANS, from Commerce, 2003 MAR p. 2083.

Authorizing statute(s): 37-1-131, 37-10-202, MCA
Implementing statute(s): 37-10-101, 37-10-103, 37-10-304, MCA
History: NEW, 1979 MAR p. 382, Eff. 4/13/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 2176, Eff. 12/14/90; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2007 MAR p. 296, Eff. 3/9/07; REP, 2018 MAR p. 307, Eff. 2/10/18.

Subchapter 24.168.8 Surgical Procedures

Mont. Admin. R. 24.168.801 Expanded Scope of Practice – Surgical Certificate Requirements

(1) Before a licensee may perform surgery, as set forth in 37-10-101, MCA, the licensee must complete an approved course that:

(a) is at least 32 hours in duration;

(b) includes content related to each laser surgical procedure set forth in 37-10-101, MCA; and

(2) Licensees shall apply for the laser surgical certification on forms provided by the board.

History

Authorizing statute(s): 37-1-131, 37-10-202, 37-10-302, MCA
Implementing statute(s): 37-10-301, 37-10-302, MCA
History: NEW, 2025 MAR, Notice No. 2025-137, Eff. 7/1/25.

Subchapter 24.168.9 Therapeutic Pharmaceutical Agents

Mont. Admin. R. 24.168.901 Approved Tpa Course

(1) An approved course, as referred to in 37-10-304 (2)(a)(ii), MCA, shall consist of a minimum of 100 hours of didactic classroom and clinical instruction.

History

Authorizing statute(s): 37-1-131, 37-10-202, MCA
Implementing statute(s): 37-10-304, MCA
History: NEW, 1987 MAR p. 2234, Eff. 12/11/87; AMD, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1999 MAR p. 2760, Eff. 12/3/99; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2007 MAR p. 296, Eff. 3/9/07.

Mont. Admin. R. 24.168.904 Applicants for Licensure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-10-202, MCA
Implementing statute(s): 37-10-304, MCA
History: NEW, 1987 MAR p. 2234, Eff. 12/11/87; AMD, 1993 MAR p. 2121, Eff. 9/17/93; TRANS, from Commerce, 2003 MAR p. 2083; REP, 2007 MAR p. 296, Eff. 3/9/07.

Mont. Admin. R. 24.168.907 Therapeutic Pharmaceutical Agents

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-10-202, MCA
Implementing statute(s): 37-1-131, 37-10-103, MCA
History: NEW, 1987 MAR p. 2234, Eff. 12/11/87; AMD, 1994 MAR p. 153, Eff. 1/28/94; AMD, 1999 MAR p. 2760, Eff. 12/3/99; AMD, 2002 MAR p. 1551, Eff. 5/31/02; TRANS, from Commerce, 2003 MAR p. 2083; REP, 2007 MAR p. 296, Eff. 3/9/07.

Mont. Admin. R. 24.168.911 Ocular Therapeutic Approved Drugs

(1) The board hereby approves the following drugs for the use in ocular treatment limited to the anterior segment of the eye and adnexa:

(a) anti-infective agents, including:

(i) antibiotic;

(ii) antiviral;

(iii) antifungal; and

(iv) antiparasitic;

(b) autoimmune agents, including:

(i) antiallergy;

(ii) antihistamines;

(iii) decongestants;

(iv) mast cell stabilizers; and

(v) antianaphylaxis;

(d) anti-inflammatory agents;

(e) antiglaucoma agents;

(f) hyperosmotic agents;

(g) autonomic agents; and

(h) over the counter agents.

History

Authorizing statute(s): 37-1-131, 37-10-202, MCA
Implementing statute(s): 37-10-101, 37-10-103, 37-10-304, MCA
History: NEW, 1987 MAR p. 2234, Eff. 12/11/87; AMD, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1994 MAR p. 153, Eff. 1/28/94; AMD, 1999 MAR p. 2760, Eff. 12/3/99; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2007 MAR p. 296, Eff. 3/9/07.

Subchapter 24.168.21 Continuing Education and Renewals

Mont. Admin. R. 24.168.2101 Continuing Education Requirements – Audit

(1) Licensed optometrists shall complete 36 hours of approved continuing education (CE) every two years:

(a) Up to 12 hours of asynchronous approved CE courses may be counted toward the CE requirement.

(b) Up to 4 hours of practice management approved CE may be counted toward the CE requirement.

(2) Licensees holding a laser surgical certificate must complete 8 hours of CE relating to lasers or surgery during each CE cycle.

(3) Licensees holding a laser surgical certificate or a TPA certificate must complete 2 hours of CE related to pain management during each CE cycle.

(4) The following are exceptions to CE requirements:

(a) A person who graduates from an accredited school of optometry and becomes a licensee within one year of graduation is excused from the CE requirement during the first applicable CE cycle.

(b) A licensee who is enrolled in a residency program accredited by the ACOE is excused from the CE requirement while the licensee is in the residency program and during the first applicable CE cycle.

(5) The department is authorized to audit CE requirements and shall determine the percentage to audit based on a statistically relevant sampling of the total number of licensees and the compliance rate of past audits. Audits will be conducted in odd-numbered years.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, 37-1-319, 37-1-321, MCA
History: Eff. 12/31/72; AMD, Eff. 8/4/74; AMD, 1979 MAR p. 738, Eff. 7/13/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1390, Eff. 7/16/82; AMD, 1986 MAR p. 1582, Eff. 9/26/86; AMD, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1997 MAR p. 305, Eff. 2/11/97; AMD, 1999 MAR p. 511, Eff. 3/26/99; AMD, 2002 MAR p. 1550, Eff. 5/31/02; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 296, Eff. 3/9/07; AMD, 2010 MAR p. 1405, Eff. 6/11/10; AMD, 2017 MAR p. 788, Eff. 6/10/17; AMD, 2020 MAR p. 901, Eff. 5/16/20; AMD, 2023 MAR p. 1621, Eff. 11/18/23; AMD, 2025 MAR, Notice No. 2025-137, Eff. 7/1/25.

Mont. Admin. R. 24.168.2104 Approved Continuing Education

(1) Continuing education consists of educational activities designed to:

(a) review existing concepts and techniques;

(b) convey information beyond the basic professional education; and

(2) Approved CE includes courses:

(a) affiliated with national, regional, or state optometric associations, academies, or colleges of optometry;

(b) approved by the ARBO's Council on Optometric Practitioner Education (COPE);

(d) of the American Board of Optometry Continuous Assessment Program.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, MCA
History: Eff. 12/31/72; AMD, Eff. 8/4/74; AMD, 1979 MAR p. 738, Eff. 7/13/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1994 MAR p. 152, Eff. 1/28/94; AMD, 1997 MAR p. 305, Eff. 2/11/97; AMD, 1998 MAR p. 925, Eff. 4/17/98; AMD, 1999 MAR p. 2760, Eff. 12/3/99; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2007 MAR p. 296, Eff. 3/9/07; AMD, 2020 MAR p. 901, Eff. 5/16/20; AMD, 2023 MAR p. 1621, Eff. 11/18/23.

Mont. Admin. R. 24.168.2115 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-141, 37-10-202, MCA
Implementing statute(s): 37-1-141, MCA
History: NEW, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2015 MAR p. 143, Eff. 2/13/15.

Subchapter 24.168.23 Unprofessional Conduct

Mont. Admin. R. 24.168.2301 Unprofessional Conduct

(a) commission of any act of sexual abuse, misconduct, or exploitation whether or not it is related to the licensee's practice of optometry;

(b) allowing one's professional conduct or judgment in the practice of optometry to be directed, managed, or controlled by a person who is not an optometrist or a medical doctor in Montana;

(c) prescribing, selling, administering, distributing, or giving any drug legally classified as a controlled substance or as an addictive or dangerous drug for other than accepted diagnostic or therapeutic purposes or to oneself or a family member;

(d) violating any state or federal law or regulation relating to a drug legally classified as a controlled substance;

(e) obtaining any fee by fraud, deceit, or misrepresentation;

(f) sanctions or disciplinary actions taken by a peer review body, a hospital or other health care institution, or a professional association or society for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in Title 37, chapters 1 and 10, MCA, and administrative rules promulgated thereunder;

(g) surrender of a license or authorization to practice optometry in another state or jurisdiction, or surrender of membership on any staff or in any professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in Title 37, chapters 1 and 10, MCA, and administrative rules promulgated thereunder;

(h) failure to respond to board inquiry or furnish information requested by the board, department investigators, or board representatives;

(i) violation of any provision(s) of Title 37, chapter 10, MCA, or the rules and regulations of the board or of an action, stipulation, or agreement of the board;

(j) the designation of any person licensed under Title 37, chapter 10, MCA, other than by the terms "Optometrist," "Doctor of Optometry," or "O.D.";

(k) selling or offering to sell any eyeglasses or lenses for the correction of refractive error, except for over-the-counter readers between the powers of +.75 dioptors to +5.50 dioptors, except on prescription of a licensed optometrist or licensed physician;

(l) providing ophthalmic lenses and materials that do not meet federally established impact resistance standards;

(m) persistently maintaining, in the practice of optometry, unsanitary offices, practices, or techniques;

(n) failing to maintain or permit patient access to accurate patient records for at least five years from the last time the patient was treated; or

(o) performing laser surgery without a certificate issued under ARM 24.168.801.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-10-202, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, 37-10-301, MCA
History: NEW, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1997 MAR p. 305, Eff. 2/11/97; AMD, 2001 MAR p. 659, Eff. 4/27/01; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2008 MAR p. 2181, Eff. 10/10/08; AMD, 2015 MAR p. 143, Eff. 2/13/15; AMD, 2018 MAR p. 307, Eff. 2/10/18; AMD, 2020 MAR p. 901, Eff. 5/16/20; AMD, 2023 MAR p. 1621, Eff. 11/18/23; AMD, 2025 MAR, Notice No. 2025-137, Eff. 7/1/25.

Mont. Admin. R. 24.168.2303 Administrative Suspension

(1) The board authorizes the department to:

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department's licensee lookup and license verification databank.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2023 MAR p. 1621, Eff. 11/18/23.

Mont. Admin. R. 24.168.2304 Complaint Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-10-202, MCA
Implementing statute(s): 37-1-308, 37-1-309, MCA
History: NEW, 1997 MAR p. 305, Eff. 2/11/97; TRANS, from Commerce, 2003 MAR p. 2083; REP, 2007 MAR p. 296, Eff. 3/9/07.

Mont. Admin. R. 24.168.2307 Screening Panel

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-131, 37-1-307, MCA
History: NEW, 1997 MAR p. 305, Eff. 2/11/97; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2007 MAR p. 296, Eff. 3/9/07; AMD, 2018 MAR p. 442, Eff. 2/10/18; REP, 2023 MAR p. 1621, Eff. 11/18/23.

Chapter 24.171 Board of Outfitters

Subchapter 24.171.1 Organizational Rule

Mont. Admin. R. 24.171.101 Board Organization

(1) The Board of Outfitters adopts and incorporates the organizational rules of the Department of Labor and Industry listed at chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1988 MAR p. 46, Eff. 1/15/88; AMD, 1988 MAR p. 1666, Eff. 7/29/88; TRANS, from Commerce, 2006 MAR p. 324; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.171.104 Board Purpose (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-47-201, MCA
Implementing statute(s): 37-47-201, MCA
History: NEW, 2023 MAR p. 300, Eff. 3/25/23; REP, 2024 MAR p. 2149, Eff. 9/7/24.

Subchapter 24.171.2 Procedural Rules

Mont. Admin. R. 24.171.201 Procedural Rules

(1) The Board of Outfitters adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1988 MAR p. 46, Eff. 1/15/88; AMD, 1988 MAR p. 1666, Eff. 7/29/88; TRANS, from Commerce, 2006 MAR p. 324; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.171.202 Public Participation

(1) The Board of Outfitters adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1988 MAR p. 46, Eff. 1/15/88; AMD, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 1996 MAR p. 668, Eff. 3/8/96; TRANS, from Commerce, 2006 MAR p. 324; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.171.4 General Provisions

Mont. Admin. R. 24.171.401 Fees

(1) Fees for outfitters, operations plan, guide, or use of outfitter assistants shall be as set forth below. The following fees are nonrefundable.

(a) New outfitter application and license. $1300

(b) Application for adding endorsement to outfitter license. 450

(i) outfitter annual license 150

(ii) outfitter inactive status 75

(d) New operations plan

(i) review and processing 125

(ii) equipment inspection 375

(e) Fee per outfitter assistant employed or contracted 25

(f) Renewal guide license 50

(g) Initial guide application 125

(h) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-47-201, 37-47-306, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-47-304, 37-47-306, 37-47-307, 37-47-308, 37-47-310, MCA
History: NEW, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 1994 MAR p. 2823, Eff. 10/28/94; AMD, 1995 MAR p. 2388, Eff. 11/10/95; AMD, 1996 MAR p. 909, Eff. 3/8/96; AMD, 1997 MAR p. 1178, Eff. 7/8/97; AMD, 1998 MAR p. 2560, Eff. 9/25/98; AMD, 2000 MAR p. 730, Eff. 3/17/00; AMD, 2001 MAR p. 843, Eff. 5/25/01; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 298, Eff. 3/9/07; AMD, 2008 MAR p. 2055, Eff. 9/26/08; AMD, 2009 MAR p. 1406, Eff. 8/14/09; AMD, 2010 MAR p. 1889, Eff. 8/27/10; AMD, 2010 MAR p. 2384, Eff. 10/15/10; AMD, 2011 MAR p. 2149, Eff. 10/14/11; AMD, 2013 MAR p. 671, Eff. 4/26/13; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2016 MAR p. 1960, Eff. 10/29/16; AMD, 2019 MAR p. 850, Eff. 6/22/19; AMD, 2021 MAR p. 1407, Eff. 10/23/21; AMD, 2023 MAR p. 354, Eff. 4/15/23; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.402 Effect of Fee for Expansion of Net Client Hunter Use

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-47-201, 37-47-316, MCA
History: NEW, 2003 MAR p. 1193, Eff. 6/13/03; TRANS, from Commerce, 2006 MAR p. 324; REP, 2015 MAR p. 58, Eff. 1/30/15.

Mont. Admin. R. 24.171.403 Nonroutine Applications

(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) Applications that are nonroutine for an outfitter license for the same reason that they were nonroutine as a guide license are also nonroutine for the outfitter license, which is a privilege to practice at a higher level of public trust.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.171.404 Military Training or Experience (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 2653, Eff. 10/24/14; REP, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.405 Booking Agents and Advertising

(1) Any person authorized by the outfitter may schedule trips, provide clients with information regarding refunds and services, receive client fees on behalf of the outfitter, secure a guide who is employed by or with whom the outfitter has an existing contractual relationship, and take other steps to establish contracts for services, as long as these activities are at the direction of the outfitter and as long as the terms and conditions of the contracts are directly between the outfitter and the client.

(2) Outfitters may enter into an arrangement with a guide or other person whereby the outfitter's services are advertised by or at the direction of that person or whereby clients are referred to the outfitter, but the outfitter is accountable to the board for the appearance and propriety of all such advertising and for all interactions between the other person and the clients and potential clients. All advertising regarding outfitting services must comply with the rules applicable to outfitters.

(3) Guides are prohibited from advertising directly to the general public using any media, including but not limited to print, digital or social methods.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-47-201, 37-47-301, MCA
History: NEW, 2015 MAR p. 269, Eff. 1/30/15; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.407 Inspection

(1) Inspections of outfitter and guide operations may be made by a representative of the board at all reasonable times.

(2) Licensees may be subject to disciplinary action as a result of inspections.

History

Authorizing statute(s): 37-47-201, MCA
Implementing statute(s): 37-47-301, 37-47-302, MCA
History: NEW, 1996 MAR p. 668, Eff. 3/8/96; TRANS, from Commerce, 2006 MAR p. 324; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.408 Outfitter Records

(1) Outfitters shall maintain current and accurate records and make the records available:

(a) upon written request of the board or department; or

(b) upon written request of a state or federal agency for law enforcement purposes provided the outfitter voluntarily consents to the disclosure or the disclosure is compelled by legal process such as a warrant, subpoena, or other court order.

(2) Outfitter records shall contain:

(a) the outfitter's name and license number;

(b) each client name and/or unique identifier assigned to the client by the Department of Fish, Wildlife and Parks;

(d) category of NCHU applicable for each client;

(e) the name of the outfitter assistant or the name and license number of the guide who accompanied the client;

(f) operations plans as required by ARM 24.171.520; and

(g) employment records for outfitter assistants as required by ARM 24.171.410.

(3) Outfitter records shall be maintained as confidential information and shall not be released to any person or organization without written permission of the outfitter, or as provided in (1). Whether an outfitter has NCHU of a particular category is public information.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-47-201, 37-47-301, 37-47-304, MCA
History: NEW, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 1989 MAR p. 1192, Eff. 8/18/89; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2011 MAR p. 2149, Eff. 10/14/11; AMD, 2013 MAR p. 671, Eff. 4/26/13; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2016 MAR p. 1960, Eff. 10/29/16; AMD, 2019 MAR p. 850, Eff. 6/22/19; AMD, 2020 MAR p. 1157, Eff. 6/27/20; AMD, 2021 MAR p. 1407, Eff. 10/23/21; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.409 Guide to Hunter Ratio

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-47-201, 37-47-402, MCA
History: NEW, 2010 MAR p. 651, Eff. 3/12/10; REP, 2013 MAR p. 671, Eff. 4/26/13.

Mont. Admin. R. 24.171.410 Outfitter's Assistants

(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) The outfitter's assistant shall have in the outfitter's assistant's possession the form prescribed by the department that shall provide the information required by (b)(i) through (b)(iii), along with the first date the outfitter's assistant serves a client.

(b) Within 15 days of the first date the outfitter's assistant serves any client, the outfitter shall submit to the department the fee required in ARM 24.171.401 along with the following information either electronically or on a form prescribed by the department:

(i) the name, license number, address, phone number, and e-mail address of the outfitter;

(ii) the signature of the outfitter;

(iii) the name, date of birth, address, phone number, and e-mail address of the outfitter's assistant;

(iv) the beginning and ending dates of the service period;

(v) an explanation of the emergency causing the need to employ or contract with the outfitter's assistant;

(vi) an explanation for why the outfitter's assistant could not obtain a guide license before serving a client;

(vii) a statement indicating whether the outfitter's assistant has applied for a guide license; and

(viii) an affidavit by the outfitter that the outfitter has complied with all laws and rules relating to outfitter's assistants.

(3) Except where an outfitter's assistant's conduct is further limited by statute or rule, the standards of conduct set forth in ARM 24.171.2301 applicable to guides shall also be observed by the outfitter's assistant.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-47-101, 37-47-201, 37-47-301, 37-47-325, 37-47-404, 37-47-405, MCA
History: NEW, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2018 MAR p. 1731, Eff. 8/25/18; AMD, 2021 MAR p. 1407, Eff. 10/23/21; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.412 Safety and First Aid Provisions

(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.

(3) A list of approved providers and courses shall be maintained on the board web site.

(4) An applicant may also meet basic first aid certification if the applicant provides proof of a certification, license, or other credential that is equivalent to or greater than basic first aid certification, approved on a case-by-case basis by the department. The board may also maintain on its web site a list of certifications, licenses, and other credentials that will be routinely accepted as equivalent to or greater than basic first aid.

(5) Whenever clients are present, each watercraft; vessel; vehicle; primary, secondary, and temporary base of operations must possess a serviceable basic first aid kit.

(6) Each watercraft or vessel shall contain a serviceable U.S. Coast Guard approved personal floatation device for each person onboard and a rescue throw line measuring at least 55 feet in length. Children under 12 are required to wear a personal floatation device. Watercraft 16 feet and longer are required to be equipped with a throwable Type IV floatation device. Personal floatation devices must be readily accessible at all times.

(7) All watercraft or vessels are required to carry onboard a supplementary means of power, such as an extra motor or extra oar that will adequately motivate the craft.

History

Authorizing statute(s): 37-47-201, MCA
Implementing statute(s): 37-47-201, MCA
History: NEW, 1992 MAR p. 439, Eff. 3/13/92; AMD, 1996 MAR p. 668, Eff. 3/8/96; AMD, 1999 MAR p. 809, Eff. 4/23/99; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2010 MAR p. 1889, Eff. 8/27/10; AMD, 2011 MAR p. 2149, Eff. 10/14/11; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2017 MAR p. 1900, Eff. 10/14/17; AMD, 2019 MAR p. 850, Eff. 6/22/19; AMD, 2020 MAR p. 1157, Eff. 6/27/20; AMD, 2021 MAR p. 1407, Eff. 10/23/21; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.413 Watercraft Identification

(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, watercraft identification tags. The department shall email to each licensee a pdf with the form of the watercraft identification tag to be used, along with instructions for its use.

(2) The watercraft identification tags shall display the outfitter or guide license number for identification purposes.

(3) An unlicensed outfitter assistant shall display watercraft identification tags on each watercraft to be occupied by the outfitter assistant.

(4) One watercraft identification tag shall be affixed to each side of the watercraft at the bow, oarlock, or stern of the watercraft.

(5) Watercraft identification must use numbers not less than 1.5 inches in height, representing the outfitter or guide license number and be contrasting to any background.

(6) 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.

(7) 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.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-134, 37-47-201, 37-47-301, 37-47-302, 37-47-303, 37-47-325, 37-47-405, MCA
History: NEW, 1998 MAR p. 740, Eff. 3/27/98; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2016 MAR p. 1960, Eff. 10/29/16; AMD, 2017 MAR p. 1900, Eff. 10/14/17; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.414 Applicants with Criminal Convictions

(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.

(b) Violent misdemeanor or felony convictions in (6) are routine if the conviction date is more than ten years before the application date, unless the applicant is still in custody due to the conviction or staff otherwise determines the applicant engaged in egregious conduct implicating risk to public safety.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.171.415 Administrative Suspension

(1) The board authorizes the department to:

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or

History

Authorizing statute(s): 37-1-131, 37-68-201, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.416 Fee Abatement

(1) The Board of Outfitters adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.419 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Outfitters publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-321, Eff. 12/20/25.

Subchapter 24.171.5 Outfitter Licensing

Mont. Admin. R. 24.171.501 Application for Outfitter License

(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.

(3) Functions of an outfitter to be indicated on the license application and license issued, if qualified for, shall be one or more of the following:

(a) hunting services;

(b) fishing services; and

(i) saddle or pack animal; or

(ii) boat or other floating craft, or motorized watercraft.

(4) An outfitter license shall be issued to an applicant who has demonstrated to the board that he or she has:

(a) met the qualifications to provide those services of an outfitter indicated on the license application;

(b) filed an outfitter license application with the board office;

(d) successfully passed the required examinations pertaining to those categories described in ARM 24.171.507; and

(e) received an approved equipment inspection.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-47-101, 37-47-201, 37-47-301, 37-47-302, 37-47-305, 37-47-307, 37-47-308, MCA
History: NEW, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2021 MAR p. 1407, Eff. 10/23/21; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.502 Outfitter Qualifications

(1) An applicant shall have:

(a) for 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

(b) for all other outfitter applicants:

(i) 100 days of verified experience as a licensed guide working for a licensed outfitter in this state, guiding clients in pursuing fish or game and using methods for which licensure is sought by the applicant; or

(ii) 100 days of verified experience as a licensed outfitter, a licensed guide, or equivalent experience in another state guiding clients in pursuing fish or game and using the methods for which licensure is sought by the applicant. All experience in this subsection (b)(ii) is subject to board approval.

(2) Verified experience includes:

(a) written affirmation on forms prescribed by the department from a licensed outfitter(s) in this state by whom the applicant was employed or retained, attesting to guiding experience; or

(b) written affirmation on forms prescribed by the department from outfitter(s) or guides from other states or provinces by whom the applicant was employed, attesting to guiding experience; or

(c) for applicants whose experience was gained in a state or province that does not license outfitters or guides, sources of information with board-acceptable guarantees of reliability which may include, but are not limited to, federal land agency records, client affidavits or letters or other client data, reports, recaps, or records with dates that confirm the number of guiding days claimed by the applicant.

(3) Three days of experience may be waived by the board for every day of training completed by the applicant at a department-approved outfitter or guide school. The maximum number of days of experience that may be waived is 30. The department shall approve guide schools based on the following minimum criteria:

(a) the provider must require a written test, and successful participants must be issued completion certificates; and

(b) the provider program must include instruction on topics relevant to being an outfitter, including but not limited to:

(i) advertising;

(ii) marketing and public relations;

(iii) maintaining rate and refund schedules;

(iv) client and other records for board and other agency compliance;

(v) guiding techniques;

(vi) setting up of camp sites;

(vii) practical woodsmanship;

(viii) knowledge of firearms;

(ix) field preparation of trophies;

(x) knowledge of equipment, terrain (including water bodies), and hazards to competently provide a safe experience for those persons guided;

(xi) general board and other agency laws and requirements; federal and Montana fish and game laws and regulations;

(xii) knowledge of outfitting area;

(xiii) proper handling of fish and game;

(xiv) federal and Montana employment and wage requirements;

(xv) preservation of ecosystem; and

(xvi) maintaining present quality of wildlife and environment; and health, safety and welfare of clients, other public members, and employees.

(4) The board may waive up to 50 days and one year of experience for an applicant seeking a fishing outfitter license with a watercraft endorsement, or 50 days for all other outfitter applicants.

(a) A waiver under this section (4) may be granted only to the following applicants:

(i) an applicant who is purchasing an existing outfitter operation;

(ii) an applicant being prepared for succession of an existing outfitter operation without purchasing; or

(iii) an applicant already licensed but seeking additional license endorsement.

(b) An applicant seeking a waiver under this section (4) must satisfy the following conditions:

(i) enter into a sales agreement or other arrangement with a licensed outfitter to receive all or part of an existing outfitting business that has an operations plan on file with the board;

(ii) obtain board preapproval of a 12-month plan of supervision for training and instruction documenting, on forms prescribed by the department, how and in what capacity the applicant will work with the licensed outfitter providing the training. The plan shall be an agreement between the applicant and either the outfitter of record for the existing outfitting business or a licensed outfitter designated by that outfitter of record for training purposes; and

(iii) obtain board approval of an operations plan for the applicant.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-47-201, 37-47-302, 37-47-304, 37-47-307, 37-47-308, MCA
History: NEW, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 1991 MAR p. 999, Eff. 6/28/91; AMD, 1992 MAR p. 2376, Eff. 10/30/92; AMD, 1996 MAR p. 668, Eff. 3/8/96; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2009 MAR p. 1406, Eff. 8/14/09; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2015 MAR p. 1756, Eff. 10/16/15; AMD, 2016 MAR p. 1960, Eff. 10/29/16; AMD, 2017 MAR p. 1900, Eff. 10/14/17; AMD, 2021 MAR p. 1407, Eff. 10/23/21; AMD, 2023 MAR p. 354, Eff. 4/15/23; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.503 Outfitter Application

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-47-201, 37-47-304, 37-47-307, MCA
History: NEW, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 1996 MAR p. 668, Eff. 3/8/96; AMD, 1998 MAR p. 2560, Eff. 9/25/98; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; REP, 2015 MAR p. 58, Eff. 1/30/15.

Mont. Admin. R. 24.171.504 Successorship

(1) A successorship is the permission granted to a person to renew the license of a deceased or incapacitated outfitter for a limited period of time for the purposes of operating or selling the business. Only a successor may renew the license of an outfitter who has deceased.

(2) A successor acceptable to the board must be designated by the family of a deceased outfitter within six months of the date that the outfitter becomes deceased. If a successor for a deceased outfitter is not designated within those six months, then no successor will be approved.

(3) The family of an outfitter designates a proposed successor by submitting an application completed by the proposed successor on a form provided by the department; a sworn statement by the proposed successor explaining how the proposed successor has been involved with the outfitting industry, in general, and how the successor has been involved with the outfitting business for which the successorship is sought, in particular; and a sworn statement by someone on behalf of the family of the deceased or incapacitated outfitter, affirming the person's authority and how the authority was obtained to designate a successor on behalf of the family, and that the person so acting is at least 18 years of age. A successorship application must specify whether the successor will operate the business or will only seek to sell it.

(4) When a successorship is approved for the purpose of selling the business, the outfitter license is placed on inactive status and may be renewed only on inactive status and only until the successorship terminates or until the business sells, whichever occurs earlier. No clients may be contracted with or served under authority of an inactive license. All requests for successorship for the sole purpose of selling the business shall be routinely approved by staff upon the board's receipt of all the required information.

(5) An application for the purpose of operating the business shall require the same information that is required of an outfitter applicant. The decision of whether to approve a successorship for the purpose of operating the business shall be processed by the department unless the application is nonroutine under ARM 24.171.403, in which case the matter will be brought to the board.

(6) Prior to approval, a successor must meet all qualifications for licensure aside from the experience and testing requirements. Approval may be granted upon the condition that documentation of licensure requirements will be received by the board no later than a specified date. If the documentation of licensure requirements is not received in a timely manner, board staff shall immediately place the license on inactive status and all outfitting under that license shall immediately cease until the board is able to reconsider the approval.

(7) A successor stands in the shoes of the outfitter for purposes of the board's power to administer and enforce the statutes and rules applicable to outfitters. Notwithstanding any agreement to the contrary, a successor and the original licensee, or the estate if the original licensee is deceased, are jointly and severally liable and responsible for all conduct affecting the outfitter license occurring during that successor's service as the successor. The successor may operate the license subject to the authority of the board to the same extent as if the successor were the outfitter. An action addressing unprofessional conduct may be taken against an outfitter license regardless of the status of the successorship, and regardless of whether the conduct was that of the deceased or incapacitated outfitter or of one or more successors. Each living outfitter and successor who is alleged to be responsible for misconduct may be made a party to the action.

(8) A successor shall report to the board each year at the next regularly scheduled meeting following the renewal period. To report, the successor shall either personally appear for the meeting or shall submit a written report to the board no less than 15 days before the meeting. The report shall inform the board of the progress made toward licensure of an outfitter for the business, or of the progress made toward sale of the business.

(9) If the board wishes to revoke a successorship for unprofessional conduct or for failing to appear or report, the public health, safety, or welfare is more likely to imperatively require emergency action because a successor is presumed to be less qualified than an outfitter and to be less invested in the protection of the public. If a successorship is revoked, then the outfitter license status becomes the status applicable to it as if the original licensee had deceased or become incapacitated on the date of the revocation. A successor shall not perform any outfitter functions if the successorship or the license is suspended or revoked.

(10) A successorship terminates the earlier of the date that is five years from the date that the successorship was approved under this rule, or the date that the successorship is revoked or voluntarily surrendered, or the date that the successor becomes a licensed outfitter.

(11) While operating the business as a successor, the successor may accumulate verified experience days in the same manner that a guide accumulates experience days to satisfy the requirements of ARM 24.171.502. In the discretion of the board, and in addition to all other waivers that a successor may qualify for, a successor may request a waiver of up to 50 days of experience for each license function (hunting and fishing) by sufficiently documenting the successor's past experience and involvement with the particular outfitting business that occurred prior to the date the successorship was approved.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-47-310, MCA
History: NEW, 2011 MAR p. 2149, Eff. 10/14/11; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2017 MAR p. 1900, Eff. 10/14/17.

Mont. Admin. R. 24.171.505 Fishing Outfitter Operations Plan

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-47-201, 37-47-304, MCA
History: NEW, 2009 MAR p. 1406, Eff. 8/14/09; AMD, 2016 MAR p. 1960, Eff. 10/29/16; AMD, 2017 MAR p. 1900, Eff. 10/14/17; AMD, 2021 MAR p. 1407, Eff. 10/23/21; REP, 2023 MAR p. 354, Eff. 4/15/23.

Mont. Admin. R. 24.171.507 Outfitter Examination

(1) The examination categories include:

(a) general knowledge of outfitting and guiding;

(b) hunting;

(d) packing; and

(e) boat or other floating craft and motorized watercraft.

(2) Applicants may access FWP regulations and study materials provided by the board in paper or electronic form, though any electronic device may only be used in airplane mode.

(3) All applicants must obtain a passing score of 75 percent or more on each examination category taken.

(4) An applicant who fails the written examination may, within 15 days of notification of failure, review their examination at the board office. During this review, the applicant may review only questions answered incorrectly. Correct answers to those questions will be furnished to the applicant. No representative of the board shall discuss the substance of the examination with the applicant. The applicant will not be allowed to record any information from examination during the review.

(5) An applicant may not repeat any failed portion of the outfitter examination sooner than 30 days from the date of failing.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-47-201, 37-47-305, MCA
History: NEW, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 1991 MAR p. 999, Eff. 6/28/91; AMD, 1993 MAR p. 343, Eff. 3/12/93; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2016 MAR p. 1960, Eff. 10/29/16; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.508 Incomplete Applications

(1) Applications received by the board will be reviewed for completeness. 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.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-47-201, 37-47-304, MCA
History: NEW, 2013 MAR p. 671, Eff. 4/26/13; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.509 Insurance for Outfitters

(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.

History

Authorizing statute(s): 37-47-201, MCA
Implementing statute(s): 37-47-201, 37-47-301, 37-47-304, MCA
History: NEW, 1996 MAR p. 668, Eff. 3/8/96; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2019 MAR p. 850, Eff. 6/22/19; AMD, 2021 MAR p. 1407, Eff. 10/23/21.

Mont. Admin. R. 24.171.512 Inactive License

(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 a license must update the 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.

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-319, MCA
History: NEW, 1996 MAR p. 668, Eff. 3/8/96; AMD, 1997 MAR p. 1178, Eff. 7/8/97; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, 2006 MAR p. 324; AMD, 2007 MAR p. 298, Eff. 3/9/07; AMD, 2011 MAR p. 2149, Eff. 10/14/11; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.513 Outfitter Acting as Guide

(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.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-47-301, 37-47-302, 37-47-303, MCA
History: NEW, 1996 MAR p. 668, Eff. 3/8/96; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2021 MAR p. 1407, Eff. 10/23/21.

Mont. Admin. R. 24.171.520 Operations Plans and Amendments

(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.

(2) Fishing operations plans must include a summarization of the boundaries of the outfitter's fishing operation.

(a) 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;

(b) 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)."

(3) Hunting operations plans must include a summarization of the locations and boundaries of the outfitter's hunting operation, which is where the outfitter is authorized to operate, provided in the following terms:

(a) the name of each public land agency, and owners of private lands that allow unrestricted public access and are managed under cooperative agreements with adjacent public lands;

(b) a description of private land, by name of ranch and county where located, over which access is allowed;

(c) an attestation 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; and

(d) the number of NCHU.

(4) An outfitter may amend the operations plan on record by adding or subtracting any additional or replacement information and submitting the updated plan to the board, except as required by (7).

(5) As part of renewal, each outfitter shall attest that all lands information required as part of the outfitter's operations plan on file with the board is current and accurate.

(6) Whenever the outfitter gains permission to use additional private or public property, the outfitter shall update the operations plan the earlier of:

(a) the end of the license year during which the outfitter first became authorized to use it, and

(b) before actually using it.

(7) All amendments, when adding a service, will be considered by the board using the same criteria as new applicants, including being required to take those parts of the outfitter examination that apply to the proposed amendment, if an outfitter is applying to add the following to the operations plan:

(a) hunting;

(b) fishing;

(d) saddle or pack animal use.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-47-201, 37-47-304, MCA
History: NEW, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2016 MAR p. 1960, Eff. 10/29/16; AMD, 2017 MAR p. 1900, Eff. 10/14/17; AMD, 2020 MAR p. 1157, Eff. 6/27/20; AMD, 2021 MAR p. 1407, Eff. 10/23/21; AMD, 2023 MAR p. 354, Eff. 4/15/23; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Subchapter 24.171.6 Guide Licensing

Mont. Admin. R. 24.171.601 Guide Qualifications

(1) An applicant for a guide license shall have:

(a) one of the following:

(i) licensure as a guide from another jurisdiction with substantially equivalent licensing requirements to Montana;

(ii) have successfully completed a board-approved guide education program;

(b) knowledge of hunting and fishing techniques to provide the particular services contracted to a client; and

(2) An outfitter whose license is currently suspended or revoked is not qualified for a guide license.

(3) A guide applicant must submit proof of current basic first aid certification.

(4) 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.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-47-101, 37-47-201, 37-47-303, 37-47-307, MCA
History: NEW, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 1996 MAR p. 668, Eff. 3/8/96; AMD, 1998 MAR p. 2560, Eff. 9/25/98; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2023 MAR p. 354, Eff. 4/15/23; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.602 Guide License (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-47-101, 37-47-201, 37-47-301, 37-47-303, 37-47-307, 37-47-308, MCA
History: NEW, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2010 MAR p. 651, Eff. 3/12/10; AMD, 2011 MAR p. 2149, Eff. 10/14/11; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2019 MAR p. 850, Eff. 6/22/19; AMD, 2023 MAR p. 354, Eff. 4/15/23; REP, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.604 Emergency Guide License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-47-201, 37-47-301, 37-47-303, 37-47-307, MCA
History: NEW, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2008 MAR p. 2055, Eff. 9/26/08; AMD, 2010 MAR p. 651, Eff. 3/12/10; REP, 2010 MAR p. 1889, Eff. 8/27/10.

Mont. Admin. R. 24.171.605 Provisional Guide License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-1-319, 37-47-201, 37-47-301, 37-47-303, 37-47-307, MCA
History: NEW, 2010 MAR p. 1889, Eff. 8/27/10; REP, 2013 MAR p. 671, Eff. 4/26/13.

Subchapter 24.171.7 Net Client Hunter Use and River-Use Days

Mont. Admin. R. 24.171.701 Nchu Transfers and Records

(1) Only one NCHU is required of an outfitter per client, regardless of the number of big game, upland birds, waterfowl, or turkey pursued in a given year.

(2) In cases where a federal agency limits an outfitter's use of federal lands by some means other than NCHU, an outfitter is not required to have NCHU to perform services on those lands.

(3) NCHU owned by a licensee is part of the operations plan and may be transferred only with notice to the board. Transfers between or among licensees are routinely processed by the department. A license that has expired may not be part of a NCHU transfer, and any NCHU that is recorded as part of the operations plan of a license that terminates or is revoked ceases to exist upon termination or revocation.

(4) Each outfitter entering into a transfer of NCHU with one or more other outfitters must do so by completing a transfer request form prescribed by the department.

(5) The records of the board comprise the official records of NCHU and each purported transfer of NCHU is invalid and void that is not reflected in the board's records.

(6) NCHU allocated to a deceased outfitter may be transferred by a personal representative, or a person having power of attorney, guardianship, or other legal authority over the disposition of the outfitter's property or by a successor if an approved successorship has not terminated under ARM 24.171.504. NCHU will expire and shall not be revived if it is not transferred before the license or successorship terminates. The estate, other legal authority, or successor must submit a NCHU transfer request form to the board within one year following the death or incapacity of the outfitter. Authorization is shown by a certified copy of a power of attorney form, letters of appointment as a guardian or personal representative, or by any other procedure allowed under Title 72, MCA, for the transfer of intangible personal property. The one year may be extended by a showing of good cause.

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-47-201, MCA
History: NEW, 1996 MAR p. 145, Eff. 3/15/96; AMD, 1998 MAR p. 2267, Eff. 8/28/98; AMD, 2000 MAR p. 730, Eff. 3/17/00; AMD, 2003 MAR p. 1193, Eff. 6/13/03; TRANS, from Commerce, 2006 MAR p. 324; AMD, 2011 MAR p. 2149, Eff. 10/14/11; AMD, 2013 MAR p. 671, Eff. 4/26/13; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2021 MAR p. 1407, Eff. 10/23/21; AMD, 2023 MAR p. 354, Eff. 4/15/23; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.702 Transfer of River-Use Days

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-47-201, 37-47-310, MCA
History: NEW, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2007 MAR p. 298, Eff. 3/9/07; REP, 2016 MAR p. 1960, Eff. 10/29/16.

Subchapter 24.171.21 Renewal (REPEALED)

Mont. Admin. R. 24.171.2101 Renewals (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-104, 37-1-141, 37-47-201, 37-47-302, 37-47-304, 37-47-306, 37-47-307, MCA
History: NEW, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 1992 MAR p. 2376, Eff. 10/30/92; AMD, 1996 MAR p. 668, Eff. 3/8/96; AMD, 1999 MAR p. 809, Eff. 4/23/99; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2011 MAR p. 2149, Eff. 10/14/11; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2016 MAR p. 1960, Eff. 10/29/16; AMD, 2017 MAR p. 1900, Eff. 10/14/17; AMD, 2021 MAR p. 1407, Eff. 10/23/21; REP, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.2104 Active Duty Status for Licensees in the Military (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-138, 37-47-201, MCA
Implementing statute(s): 37-1-138, 37-47-307, MCA
History: NEW, 2006 MAR p. 324, Eff. 2/10/06; REP, 2024 MAR p. 2149, Eff. 9/7/24.

Subchapter 24.171.23 Unprofessional Conduct

Mont. Admin. R. 24.171.2301 Unprofessional Conduct

(1) It is unprofessional conduct for a licensee or license applicant to violate any statute, rule, or standard of practice governing their scope of practice.

(2) In addition, the following is unprofessional conduct for a licensee or a license applicant:

(a) failing to respect the rights of others, private and public property, and failing to provide for the health, safety, and well-being of clients, employees, and the general public;

(b) providing services on public land in a manner that interferes with the general public access to public land or waterways or access to wildlife on public land;

(d) failing to report to the board office, at the earliest opportunity, any violation of fish and game laws or outfitter, guide, and outfitter's assistant laws of which the licensee has knowledge;

(e) charging any fee for certifying or aiding or assisting any nonresident in procuring or attempting to procure a hunting license, or preference point;

(f) harassing, assaulting, or abusing clients, employees, outfitters, guides, or outfitter's assistants, or members of the general public, verbally or otherwise;

(g) abusing livestock;

(h) failing to produce records as required by ARM 24.171.410 (electronic proof of license or certification is permitted);

(i) failing to carry the licensee's current license and certifications at all times when providing services (electronic proof of license or certification is permitted);

(j) having hunting or fishing privileges or a wildlife conservation license suspended, revoked, placed on probation, or voluntarily surrendered in the state of Montana or any other jurisdiction;

(k) failing to have a valid wildlife conservation license before providing guiding services;

(l) acting beyond the scope of activities for which the individual is licensed;

(m) offering an unlicensed individual any watercraft identification tag identifying the occupant of the watercraft as a licensee; or

(n) failing to respond to board inquiries and requests; and

(o) failing to comply with or failing an inspection conducted by the department.

(3) The following is unprofessional conduct for outfitters and outfitter applicants:

(a) violation of any law, rule, or policy of the Department of Fish, Wildlife and Parks concerning the certification of nonresidents for procuring hunting licenses;

(b) conducting any services or allowing services to be conducted by a supervised guide or outfitter's assistant on private or public land, except legal transportation across such lands, without first having obtained written permission from the landowner or written authorization from the agency administering public land, unless the landowner or agency does not require such permission;

(c) providing services or allowing services to be provided by a supervised guide or outfitter's assistant to clients outside the boundaries of the outfitter's approved operations plan;

(d) endorsing a guide license before the outfitter has made reasonable inquiry and determined that the guide is qualified for licensure;

(e) interfering, by solicitation or otherwise, with a contract between another outfitter and client, including certifications for game license or permits, when it is known or reasonably should be known that a contract to provide services exists between that other outfitter and a client;

(f) failing to furnish each client with a current and complete rate schedule, which shall include all charges, a deposit policy, and deposit refund policy, all in writing, for services offered;

(g) failing to specify in writing, when offering services to a nonresident hunting client, the refund policy for failure by the prospective client to draw a license required to participate in the service offered;

(h) changing the rates and/or policies from those published without the written consent of the client after the outfitter receives and accepts the deposit from the client;

(i) failing to set all contract terms and conditions with clients;

(j) failing to personally collect, or designate an agent to collect, all fees from clients. The outfitter is solely responsible for complying with the outfitter's deposit and deposit refund policy;

(k) failing to maintain current and accurate records;

(l) failing to make all client records available in accordance with ARM 24.171.408;

(m) failing to obtain and maintain a reasonable degree of supervision over each guide and outfitter's assistant to ensure that the services offered are being provided in accordance with the laws and rules, with particular regard to those laws and rules pertaining to the health, safety, and welfare of the participants, the public, and landowners;

(n) employing or retaining a guide without first confirming that the guide has current basic first aid certification;

(o) exceeding the licensee's NCHU;

(p) using a guide prior to ensuring that the guide license is fully signed and dated;

(q) failing to comply with all laws and rules relating to outfitter's assistants; and

(r) when advertising services, failing to clearly designate the outfitter's registered business name or personal name and the outfitter's license number.

(4) The following is unprofessional conduct for guides and guide applicants:

(a) advertising services to the general public;

(b) making agreements with clients concerning monetary consideration or services offered, or collect fees from clients, without the express consent of the supervising outfitter, as expressly provided in ARM 24.171.405;

(d) acting as a guide without a signed and dated guide license.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-47-201, MCA
Implementing statute(s): 37-1-312, 37-1-316, 37-1-319, 37-47-201, 37-47-325, 37-47-341, MCA
History: NEW, 1996 MAR p. 668, Eff. 3/8/96; AMD, 1999 MAR p. 809, Eff. 4/23/99; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2007 MAR p. 347, Eff. 3/9/07; AMD, 2008 MAR p. 2055, Eff. 9/26/08; AMD, 2010 MAR p. 651, Eff. 3/12/10; AMD, 2010 MAR p. 1889, Eff. 8/27/10; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2016 MAR p. 1960, Eff. 10/29/16; AMD, 2018 MAR p. 1731, Eff. 8/25/18; AMD, 2020 MAR p. 1157, Eff. 6/27/20; AMD, 2021 MAR p. 1407, Eff. 10/23/21; AMD, 2024 MAR p. 2149, Eff. 9/7/24.

Mont. Admin. R. 24.171.2305 (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-47-201, MCA
Implementing statute(s): 37-1-131, 37-1-311, 37-47-201, MCA
History: NEW, 2011 MAR p. 2149, Eff. 10/14/11; AMD, 2021 MAR p. 1407, Eff. 10/23/21; REP, 2024 MAR p. 2149, Eff. 9/7/24.

Chapter 24.174 Board of Pharmacy

Subchapter 24.174.1 Organizational Rules

Mont. Admin. R. 24.174.101 Board Organization

(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.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.174.2 Procedural Rules

Mont. Admin. R. 24.174.201 Procedural Rules

(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.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, Eff. 11/4/76; TRANS, from Dept. of Prof & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.174.202 Public Participation

(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.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: Eff. 12/31/72; AMD, Eff. 11/4/76; TRANS, from Dept. of Prof & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.174.3 Definitions

Mont. Admin. R. 24.174.301 Definitions

(1) "Beyond use date" (BUD) means the date after which the preparation may not be dispensed or administered to a patient. BUD also means expiration date, or hour and date, after which a compounded sterile preparation (CSP) must not be used and must be discarded pursuant to USP 797.

(2) "Board of Pharmaceutical Specialties" (BPS) means an independent nongovernmental certification body that provides recognition of persons involved in the advanced practice of pharmacy specialties through development and administration and a certification process that is consistent with public policy regarding the credentialing of healthcare professionals.

(3) "Chart order" means a lawful order entered on the chart or a medical record of a patient or resident of a facility by a practitioner, or his or her designated agent, for a drug or device and shall be considered a prescription.

(4) “Classified area” means an area that maintains an air quality classification based on the International Organization for Standardization (ISO) standards pursuant to USP 797.

(5) "Cleanroom suite" means a classified area that consists of both an anteroom and buffer room in which airflow, pressurization, temperature, and humidity are controlled and monitored.

(6) "Clinical practice experience," for purposes of issuing a clinical pharmacist practitioner endorsement, means working in a pharmacy practice setting which includes at least 50 percent of time spent in:

(a) communication with healthcare professionals and patients regarding drug therapy, wellness, and health promotion;

(b) designing, implementing, monitoring, evaluating, and modifying or recommending modifications in drug therapy to optimize patient care;

(c) identifying, assessing, and solving medication-related problems and providing a clinical judgment as to the continuing effectiveness of the therapeutic plan;

(d) conducting physical assessment applicable to the area of practice, evaluating patient problems, and ordering and monitoring medications, and/or laboratory tests in accordance with established standards of practice;

(e) referring patients to other healthcare professionals as appropriate;

(f) integrating relevant diet, exercise, and other non-drug therapy with pharmaceutical care;

(g) retrieving, evaluating, utilizing, and managing data and professional resources;

(h) documenting interventions and evaluating outcomes; and

(i) integrating national standards for the quality of healthcare.

(7) "Collaborative practice agreement" is defined as set forth in 37-7-101, MCA.

(8) “Compounded nonsterile preparation” (CNSP) means combining, admixing, diluting, pooling, reconstituting other than as provided in the manufacturer’s labeling, or altering a drug or bulk drug substance to create a nonsterile preparation. For purposes of this chapter, the addition of flavoring to a commercially available medication is not considered compounding.

(9) "Compounded sterile preparation" (CSP) means combining, admixing, diluting, pooling, reconstituting, repackaging, or otherwise altering a drug or bulk drug substance to create a sterile preparation.

(a) It does not include preparation per approved manufacturer labeling and proprietary bag and vial systems if prepared for a single patient for immediate use.

(b) Repackaging of a sterile product or preparation from its original container into another container must be performed in accordance with the requirements in USP 797.

(10) "DEA" means the Drug Enforcement Administration of the United States Department of Justice.

(11) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a drug or device from one person to another, whether or not for a consideration.

(12) "Device" is defined in 37-7-101, MCA.

(13) "Drug kit" means a secured kit stored outside of a pharmacy containing those drugs which may be required to meet the short-term therapeutic need of patients within an institution not having an in-house pharmacy or 24-hour access to dispensing services, and which would not be available from any other authorized source in sufficient time, and without which would compromise the quality of care of the patient.

(14) "Drug order" means a written or electronic order issued by an authorized practitioner, or a verbal order promptly transcribed, for the compounding and dispensing of a drug or device to be administered to patients within a facility and shall be considered a prescription.

(15) "Drug room" means a secure, lockable temperature-controlled location within a facility that does not have an institutional pharmacy and which contains drugs and devices for administration to patients within the facility pursuant to a valid drug order.

(16) "Electronic prescription" means a prescription that is generated on an electronic application and is transmitted to a pharmacy as an electronic data file. Controlled substance prescriptions for Schedules II through V shall be transmitted in accordance with DEA requirements as outlined in 21 CFR Part 1300.

(17) "Electronic signature" means a confidential personalized method of affixing a signature to an electronic document that will guarantee the identity of the prescriber.

(18) "Emergency drug cart" or "crash cart" means a secure lockable cart or container in an inpatient setting that stores drugs and devices necessary to meet the immediate therapeutic needs of a patient and which cannot be obtained from any other authorized source in sufficient time to prevent harm.

(19) "Facility" means an outpatient center for surgical services, a hospital and/or long-term care facility, or a home infusion facility.

(20) "Floor stock" means prescription drugs not labeled for a specific patient, which are maintained at a nursing station or other hospital department other than the pharmacy, and which are administered to patients within the facility pursuant to a valid drug order. Floor stock shall be maintained in a secure manner pursuant to written policies and procedures, which shall include, but not be limited to, automated dispensing devices.

(21) "Formulary" means a current compilation of pharmaceuticals authorized for use within the institution by representatives of the medical staff and pharmacy department.

(22) “Hazardous drugs” means drugs that pose serious health risks to individuals when handled and includes the current list of antineoplastic and hazardous drugs used in healthcare from the National Institute for Occupational Safety and Health (NIOSH).

(23) "Home infusion facility" means a facility where parenteral solutions are compounded and distributed to outpatients for home infusion pursuant to a valid prescription or drug order.

(24) "Immediate use" means a sterile preparation compounded pursuant to the conditions in USP 797 and whose administration must begin within four hours of preparation or it must be promptly, appropriately, and safely discarded. The term also includes repackaging of a sterile product or preparation from its original container into another container.

(25) "Institutional pharmacy" means that physical portion of an institutional facility where drugs, devices, and other material used in the diagnosis and treatment of injury, illness, and disease are dispensed, compounded, and distributed to other healthcare professionals for administration to patients within or outside the facility, and pharmaceutical care is provided.

(26) "Internship" means the practical experiences required to provide an intern, as defined in 37-7-101, MCA, with the knowledge and practical experience necessary for professional licensure as a pharmacist.

(27) "Internship period" means 300 Introductory Pharmacy Practice Experience (IPPE) hours, and 1,440 Advanced Pharmacy Practice Experience (APPE) hours of practical experience in an approved pharmacy, hospital, or other facility or location relevant to the pharmacy profession. The intern may acquire the internship 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. The intern may acquire a maximum of 48 hours experience per calendar week.

(28) "Labeling" means the process of preparing and affixing a label to any drug container exclusive, however, of the labeling by a manufacturer, packer, or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal and Montana law or rule.

(29) "Long-term care facility" is defined in 50-5-101, MCA.

(30) "Medical gas" means any gaseous substance that meets medical purity standards and has application in a medical environment. Examples of medical gases include, but are not limited to, oxygen, carbon dioxide, nitrous oxide, cyclopropane, helium, nitrogen, and air.

(31) "Medical gas distributor" is a person engaged in the manufacture, processing, packaging, labeling, or wholesale distribution, as defined in 37-7-602, MCA, of a medical gas to a person other than a consumer or patient.

(32) "Medical gas supplier" is a person engaged in selling, transferring, dispensing, or delivering to a patient or a patient's agent one or more doses of medical gas in the manufacturer's or distributor's original container for subsequent use by the patient.

(33) "Multi-dose container" means a container of liquid medication intended for parenteral administration, whether by injection or infusion, that contains more than one dose of medication; is labeled as containing more than one dose of medication by the manufacturer; and typically contains an antimicrobial preservative to help prevent the growth of bacteria. After the multi-dose container is initially punctured, it must not be used for longer than the assigned BUD or 28 days pursuant to USP 797.

(34) "Night cabinet" means a secure locked cabinet or other enclosure located outside the pharmacy, containing drugs which authorized personnel may access in the absence of a pharmacist.

(35) "Nonprescription drug" means a drug which may be sold without a prescription and which is labeled for consumer use in accordance with the requirements of the laws and rules of Montana and the federal government.

(36) "Outpatient center for surgical services" is defined in 50-5-101, MCA.

(37) “Outsourcing facility” is defined in 37-7-101, MCA.

(38) "Parenteral" means a sterile preparation of drugs for injection through one or more layers of skin.

(39) "Pharmacist-in-charge" means a pharmacist licensed in Montana who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy, who assures that the pharmacy and all pharmacy personnel working in the pharmacy have current and appropriate licensure and certification, and who is personally in full and actual charge of such pharmacy. The pharmacist-in-charge at an out-of-state mail order pharmacy does not have to be licensed in Montana.

(40) "Preceptor" means a pharmacist or other approved individual who meets those requirements for the supervision and training of an intern. A preceptor shall have overall responsibility for the required training of the intern.

(41) “Primary engineering control” (PEC) means a device or zone that provides an International Organization for Standardization (ISO) Class 5 or better air quality environment for sterile compounding pursuant to USP 797.

(42) "Provisional pharmacy" means a pharmacy licensed by the Montana Board of Pharmacy and includes, but is not limited to, federally qualified health centers as defined in 42 CFR 405.2401, where prescription drugs are dispensed to appropriately screened, qualified patients.

(43) "Qualified patients" mean patients who are uninsured, indigent, or have insufficient funds to obtain needed prescription drugs.

(44) "Remote pharmacy" means a licensed pharmacy at which prescriptions may be filled or transmitted to a central hub pharmacy for filling and subsequent delivery to the remote site or the patient's home. Patient counseling by a pharmacist may occur at this site.

(45) "Remote telepharmacy dispensing machine site" means a licensed site containing prescription inventory which is secured in an automated dispensing machine or system and which has access to its parent pharmacy and licensed pharmacists via computer, video, and audio link at all times during business hours.

(46) "Remote telepharmacy site" means a licensed site staffed by a licensed pharmacy technician with access to its parent pharmacy and licensed pharmacists via computer, video, and audio link at all times during business hours.

(47) "Satellite pharmacy" means a specialized inpatient pharmacy staffed by a pharmacist which is adjacent to or near the department served and is connected via computer to the central institutional pharmacy.

(48) "Security" or "secure system" means a system to maintain the confidentiality and integrity of patient records, which are being sent electronically.

(49) “Segregated compounding area” (SCA) means an unclassified area where sterile compounding is performed inside of a PEC. The beyond use date (BUD) for compounded sterile preparations (CSPs) from a SCA is less than 12 hours at room temperature and less than 24 hours under refrigeration.

(50) "Single-dose container" means a container of sterile product for parenteral administration, whether by injection or infusion, that is designed for use with a single patient as a single injection/infusion. Pursuant to USP 797, any unused starting component from a single-dose container must be discarded after use. A single-dose container usually does not contain a preservative.

(51) "Sterile pharmaceutical" means any dosage form containing no viable microorganisms including, but not limited to, parenterals and ophthalmics.

(52) "Supervising pharmacist" means the licensed pharmacist who is serving as the pharmacist on duty and is in charge of the day-to-day supervision of the pharmacy personnel.

(53) "Supervision" means that all drug distribution or dispensing activities, immunizations, or other activities performed by pharmacy personnel are under the direction of a licensed pharmacist.

(54) “Tech-Check-Tech (TCT)” means a program in a community or institutional pharmacy with an endorsement, in which a pharmacy technician or pharmacist intern performs the final check or product verification of medications prepared by another technician or pharmacist intern in compliance with TCT program requirements in ARM 24.174.715.

(55) “United States Pharmacopeia” (USP) means a scientific organization recognized by the Food and Drug Administration that develops standards for compounded medications. The general chapters are standardized guidelines that establish official quality, purity, and safety requirements for medicines, excipients, and dietary supplements, and they outline analytical tests, storage guidelines, and manufacturing practices to ensure product consistency. USP information and access to the subscription service is available on the USP website at www.usp.org/compounding. The official general USP chapters include, but are not limited to, the following:

(a) USP general chapter 795 “Pharmaceutical Compounding – Nonsterile Preparations” (USP 795), November 1, 2023 version;

(b) USP general chapter 797 “Pharmaceutical Compounding – Sterile Preparations” (USP 797), February 1, 2026 version;

(d) USP general chapter 825 “Radiopharmaceuticals – Preparation, Compounding, Dispensing, and Repackaging” (USP 825), January 1, 2024 version.

(56) "Verification audit" means a comparison and verification of written patient orders with medications removed for that patient.

History

Authorizing statute(s): 37-7-201, 37-7-602, 50-32-314, MCA
Implementing statute(s): 37-7-101, 37-7-102, 37-7-201, 37-7-301, 37-7-306, 37-7-321, 37-7-406, 37-7-602, 37-7-603, 37-7-604, 37-7-605, 50-32-314, MCA
History: Eff. 6/9/61; AMD, Eff. 2/27/72; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1993 MAR p. 293, Eff. 2/26/93; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2002 MAR p. 3605, Eff. 12/27/02; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2008 MAR p. 1151, Eff. 6/13/08; AMD, 2010 MAR p. 74, Eff. 1/15/10; AMD, 2012 MAR p. 506, Eff. 3/9/12; AMD, 2012 MAR p. 896, Eff. 4/27/12; AMD, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2021 MAR p. 1671, Eff. 11/20/21; AMD, 2024 MAR p. 2219, Eff. 9/21/24; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25; AMD, 2026 MAR, Notice No. 2026-131, Eff. 9/26/26.

Mont. Admin. R. 24.174.302 Hospital/Health Care Facility Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-321, MCA
History: NEW, Eff. 3/21/71; AMD, Eff. 8/4/76; AMD, Eff. 1/3/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2000 MAR p. 460, Eff. 2/11/00; AMD, 2001 MAR p. 783, Eff. 5/11/01; TRANS, from Commerce, 2002 MAR p. 904; REP, 2002 MAR p. 3605, Eff. 12/27/02.

Mont. Admin. R. 24.174.303 Internship Program Definitions (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, Eff. 5/20/72; AMD, 1977 MAR p. 106, Eff. 9/23/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 344, Eff. 4/29/83; AMD, 1997 MAR p. 163, Eff. 11/18/97; AMD, 2001 MAR p. 783, Eff. 5/11/01; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2011 MAR p. 1148, Eff. 6/24/11; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Subchapter 24.174.4 General Provisions

Mont. Admin. R. 24.174.401 Fee Schedule

(1) Application for pharmacist licensure transfer - $180.

(2) Pharmacist initial license - $70.

(3) Pharmacist annual renewal fee - $65.

(4) Clinical pharmacist practitioner initial endorsement application and annual renewal fee - $25.

(5) Community and institutional pharmacy initial license (includes initial license, change in location, and change in ownership) - $240.

(6) Community and institutional pharmacy annual renewal fee - $150.

(7) Limited service pharmacy facility, (initial license and annual renewal) - $45.

(8) Intern license - $50.

(9) Montana NAPLEX examination processing fee (a separate exam fee is paid directly to NABP) - $35.

(10) Montana multistate pharmacy jurisprudence examination (MPJE) exam fee (a separate exam fee is paid directly to NABP) - $25.

(11) Pharmacy technician license fee - $35.

(12) Pharmacy technician renewal fee - $30.

(13) Wholesale distributor initial license and annual renewal fee - $240.

(14) Out-of-state mail order pharmacy initial license and annual renewal fee - $240.

(15) Certification of grades/transfer of internship hours - $20.

(16) Outpatient center for surgical services (initial or renewal) - $45.

(17) Drugs dispensed by a medical practitioner initial registration - $240.

(18) Drugs dispensed by a medical practitioner annual renewal fee - $150.

(19) Third-party logistics provider (3PL) initial license and annual renewal fee - $240.

(20) Repackager initial license and annual renewal fee - $240.

(21) Manufacturer initial license and annual renewal fee - $240.

(22) Veterinary retail facility initial license and annual renewal fee - $150.

(23) Additional standardized fees are specified in ARM 24.101.403.

(24) The fees to be assessed for the endorsement to manufacture, distribute, dispense, conduct research on, or analyze dangerous drugs (controlled substances) shall be assessed the following fees upon application and annual renewal:

(a) manufacture - $100.

(b) distribute - $100.

(d) dispense – outpatient centers for surgical services - $75.

(25) The fees for the endorsement to manufacture, distribute, or supply medical gases shall be assessed according to the following annual fee:

(a) medical gas distributor - $75.

(b) medical gas supplier - $75.

(26) Device non-pharmacy facility initial license and annual renewal fee - $240.

History

Authorizing statute(s): 37-1-134, 37-2-104, 37-7-201, 37-7-604, 37-7-610, 37-18-803, 50-32-314, MCA
Implementing statute(s): 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
History: NEW, 1980 MAR p. 126, Eff. 1/18/80; AMD, 1980 MAR p. 1279, Eff. 4/25/80; AMD, 1981 MAR p. 625, Eff. 6/26/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 344, Eff. 4/29/83; AMD, 1984 MAR p. 1567, Eff. 10/26/84; AMD, 1987 MAR p. 478, Eff. 5/1/87; AMD, 1988 MAR p. 271, Eff. 2/12/88; AMD, 1992 MAR p. 1608, Eff. 7/31/92; AMD, 1992 MAR p. 1754, Eff. 8/14/92; AMD, 1994 MAR p. 571, Eff. 3/18/94; AMD, 1995 MAR p. 2689, Eff. 12/8/95; AMD, 1997 MAR p. 2060, Eff. 11/18/97; AMD, 1998 MAR p. 3103, Eff. 11/20/98; RESCIND, (CI-75), 1998 MAR p. 3200, Eff. 12/4/98; AMD, 1999 MAR p. 1124, Eff. 5/21/99; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2006 MAR p. 2134, Eff. 9/22/06; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2008 MAR p. 631, Eff. 4/11/08; AMD, 2008 MAR p. 1151, Eff. 6/13/08; AMD, 2010 MAR p. 2968, Eff. 12/24/10; AMD, 2017 MAR p. 1653, Eff. 9/23/17; AMD, 2019 MAR p. 1633, Eff. 9/21/19; AMD, 2021 MAR p. 1673, Eff. 11/20/21; AMD, 2022 MAR p. 1842, Eff. 9/24/22; AMD, 2024 MAR p. 84, Eff. 1/13/24; AMD, 2024 MAR p. 2219, Eff. 9/21/24; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.402 Dangerous Drug Fee Schedule (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-7-201, 50-32-103, 50-32-314, MCA
Implementing statute(s): 37-1-134, 37-7-201, 37-7-321, 50-32-103, 50-32-314, MCA
History: NEW, Eff. 8/4/74; AMD, Eff. 2/4/75; AMD, Eff. 12/5/75; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 344, Eff. 4/29/83; AMD, 1987 MAR p. 478, Eff. 5/1/87; AMD, 1998 MAR p. 3103, Eff. 11/20/98; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 2134, Eff. 9/22/06; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2012 MAR p. 896, Eff. 4/27/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.403 Change in Address and/or Employment

(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.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, Eff. 3/21/55; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2010 MAR p. 2968, Eff. 12/24/10.

Mont. Admin. R. 24.174.404 Fee Abatement

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2006 MAR p. 1615, Eff. 6/23/06.

Mont. Admin. R. 24.174.407 Quality Assurance Program Requirements

(1) Each pharmacy or other facility licensed by the board shall have in place a quality assurance program to detect, identify, and prevent errors, for improving public safety, or both. The quality assurance program shall include necessary documentation, internal reporting, and assessment of errors to determine the root cause and contributing factors, such as system or process failures, provide an appropriate response, and communicate the findings to all pharmacy personnel.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.411 Pharmacist Meal/Rest Breaks

(1) In any pharmacy staffed by a single pharmacist, the pharmacist shall take a meal/rest break on the premises 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 pharmacist-in-charge shall develop written policies and procedures for operation of the pharmacy in the temporary absence of the pharmacist.

(3) A sign indicating that no pharmacists is on duty and the time of the meal/rest break will be conspicuously posted in clear view of patients approaching the prescription area.

(4) New prescriptions may be accepted and processed by pharmacy technicians and interns in the pharmacist's absence. These prescriptions may not be dispensed until the pharmacist has performed prospective drug review and completed the final check.

(5) Telephoned new prescriptions may not be accepted in the pharmacist's absence unless identified in the pharmacy’s policies and procedures.

(6) At the discretion of the pharmacist, new prescriptions may be dispensed, provided that the final check has been completed and the prescriptions are waiting to be dispensed, unless counseling is requested by the patient or required by the pharmacist.

(7) At the discretion of the pharmacist, previously checked medication refills may be dispensed in the pharmacist's absence, provided the offer to counsel is made. If the patient requests counseling, the patient may wait for the pharmacist to return or may leave a telephone number for the pharmacist to call upon return.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-1-101, 37-7-201, MCA
History: NEW, 2002 MAR p. 3605, Eff. 12/27/02; AMD, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Subchapter 24.174.5 Licensing

Mont. Admin. R. 24.174.501 Examination for Licensure as a Registered Pharmacist

(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).

(4) NABP minimum passing scores must be achieved on all tests and examinations.

History

Authorizing statute(s): 37-1-131, 37-7-201, MCA
Implementing statute(s): 37-1-131, 37-7-201, 37-7-302, MCA
History: NEW, Eff. 11/25/77; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 344, Eff. 4/29/83; AMD, 1986 MAR p. 945, Eff. 5/30/86; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2002 MAR p. 3605, Eff. 12/27/02; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2011 MAR p. 1148, Eff. 6/24/11; AMD, 2016 MAR p. 1696, Eff. 9/24/16; AMD, 2018 MAR p. 1825, Eff. 9/8/18.

Mont. Admin. R. 24.174.502 Transfer of License from Another State

(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;

(d) appropriate fees.

(2) An applicant who has been registered as a pharmacist by examination in another state but who has not taken the NAPLEX examination shall appear before the board for consideration of transfer of licensure and submit the following information to the board:

(a) transfer of licensure application;

(b) proof of passing examination score;

(d) appropriate fees.

(3) In addition to the requirements in (1) and (2), the applicant will be required to pass the MPJE, 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.

(4) The applicant has one year from the date of the NABP application in which to complete the licensure process. An applicant who does not obtain a license in one year will be required to file a new application and pay the appropriate fees.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2007 MAR p. 1936, Eff. 11/22/07.

Mont. Admin. R. 24.174.503 Administration of Vaccines by Pharmacists, Interns, and Pharmacy Technicians

(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.

(4) In order to administer immunizations, with or without a collaborative practice agreement, an immunization-certified pharmacist must meet the requirements of 37-7-105, MCA, and:

(a) administer vaccinations in accordance with established protocol that includes site-specific emergency measures;

(b) have access to a current edition of the CDC reference "Epidemiology and Prevention of Vaccine-Preventable Diseases";

(i) written policies and procedures for the types of immunizations administered;

(ii) specific description of the procedures, methods, and decision criteria to follow for administering the immunization;

(iii) a detailed description of the procedures and patient activities to follow in the course of administering immunizations;

(iv) training for staff procedures and record keeping requirements; and

(v) disposal of used or contaminated supplies; and

(d) maintain the following information in the patient's medical records as required by 37-7-105, MCA, which shall be considered confidential information:

(i) the patient's name, address, allergies, and date of birth;

(ii) the product's name, dose, manufacturer, lot number, and expiration date;

(iii) the date of administration;

(iv) the site and route of administration; and

(v) the administering pharmacist's name or identifiable initials and the pharmacy's address.

(5) An immunization-certified pharmacist may delegate the administration of immunizations to a pharmacy intern or a pharmacy technician under the direct supervision of the pharmacist upon meeting the immunization certification requirements listed in 37-7-105, MCA, and this rule. The board shall issue an immunization endorsement on the license of an intern or pharmacy technician upon receipt of qualifications being met.

(6) Verification and compliance of requirements listed in this rule, including certification, recordkeeping, and collaborative practice agreements, must be available for inspection by the board.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-101, 37-7-105, 37-7-201, MCA
History: NEW, 2002 MAR p. 794, Eff. 2/1/02; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2010 MAR p. 74, Eff. 1/15/10; AMD, 2011 MAR p. 1148, Eff. 6/24/11; AMD, 2012 MAR p. 896, Eff. 4/27/12; AMD, 2015 MAR p. 1491, Eff. 9/25/15; AMD, 2019 MAR p. 2240, Eff. 12/7/19; AMD, 2024 MAR p. 2219, Eff. 9/21/24; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.504 Inactive License (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-7-201, MCA
Implementing statute(s): 37-1-319, 37-7-201, MCA
History: NEW, 2006 MAR p. 1615, Eff. 6/23/06; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.505 Pharmacist Prescribing: General Requirements

(1) Pursuant to 37-7-106, MCA, 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.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-106, MCA
History: NEW, 2023 MAR p. 1865, Eff. 12/23/23.

Mont. Admin. R. 24.174.507 Military Training or Experience (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 1261, Eff. 6/13/14; AMD, 2019 MAR p. 1633, Eff. 9/21/19; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.508 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.174.509 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.174.511 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Pharmacy publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.524 Collaborative Practice Agreement Requirements

(1) A pharmacist engaged in collaborative practice must:

(a) maintain an executed written copy of the collaborative practice agreement at the pharmacy and any other location in which the practice is occurring; and

(b) make the agreement available for inspection by the board.

(2) The collaborative practice agreement must include:

(a) identification of the practitioner(s) and pharmacist(s) who are parties to the agreement;

(i) the practitioner as defined in 37-2-101, MCA, must be licensed in good standing in Montana;

(b) the types of decisions that the pharmacist is allowed to make;

(c) a method for the practitioner to monitor compliance with the agreement and clinical outcomes and to intercede where necessary;

(d) a provision that allows the practitioner to override a collaborative practice decision made by the pharmacist whenever the practitioner deems it necessary or appropriate;

(e) a provision that allows either party to cancel the agreement by written notification;

(f) an effective date;

(g) signatures of collaborating pharmacists and practitioners, or a representative from the medical practice or clinic that is authorized to represent its practitioners, who are party to the agreement, as well as dates of signing; and

(h) a procedure for periodic review and renewal within a time frame that is clinically appropriate.

(3) Documentation of allowed pharmacist activities must be kept as part of the patient's permanent record and be readily available to other health care professionals providing care to the patient and who are authorized to receive it. Documentation of allowed activities shall be considered protected health information.

(4) Collaborative practice agreements approved by an institutional committee such as the pharmacy and therapeutics committee and that will be used solely for patients while they are receiving care in the institution are exempt.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-101, 37-7-201, MCA
History: NEW, 2002 MAR p. 794, Eff. 2/1/02; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2019 MAR p. 1633, Eff. 9/21/19; AMD, 2021 MAR p. 1671, Eff. 11/20/21.

Mont. Admin. R. 24.174.525 Definitions (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-306, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.526 Clinical Pharmacist Practitioner Qualifications and Requirements

(1) An applicant for a clinical pharmacist practitioner endorsement shall:

(a) submit an application on a form prescribed by the board for approval by the board and the Board of Medical Examiners (BME);

(b) pay a required endorsement fee and annual renewal fee;

(d) have completed the years of clinical practice experience that meet the requirements for Board of Pharmacy Specialties (BPS) certification or other equivalent national certification, and hold one of the following active certifications:

(i) BPS certification; or

(ii) nationally recognized certification equivalent to BPS certification standards in an area of practice as approved by the board and BME.

(e) submit a signed collaborative practice agreement with the application to the board that includes a description of the type of supervision the collaborating practitioner will exercise over the clinical pharmacist practitioner; and

(f) appear before the board and/or BME if requested.

(2) Within ten days of discontinuing work under an approved collaborative drug therapy agreement, the pharmacist shall notify the board and the clinical pharmacist practitioner's endorsement shall be inactive, until such time as a new application is approved.

(3) A clinical pharmacist practitioner shall complete an annual renewal of a pharmacist's license and pay the clinical pharmacist practitioner endorsement renewal fee.

(4) The board shall audit clinical pharmacist practitioners for compliance with continued endorsement.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-306, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; AMD, 2018 MAR p. 1825, Eff. 9/8/18; AMD, 2024 MAR p. 2219, Eff. 9/21/24; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.527 Requirements to Maintain Clinical Pharmacist Practitioner Registration (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-306, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.528 Unprofessional Conduct (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-7-201, MCA
Implementing statute(s): 37-1-316, 37-7-306, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Subchapter 24.174.6 Internship Regulations

Mont. Admin. R. 24.174.601 Summary of Objectives (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, Eff. 5/20/72; AMD, 1977 MAR p. 106, Eff. 9/23/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 2060, Eff. 11/18/97; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2010 MAR p. 74, Eff. 1/15/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.602 Internship Requirements

(1) The experience required to obtain licensure as a pharmacist shall be that instruction period composed of computed time obtained under the supervision of the preceptor in a site approved by the school in which the intern is enrolled.

(2) An intern may practice only under the supervision of a supervising pharmacist.

(3) An intern registration may be issued to an individual who:

(a) is currently enrolled in an accredited pharmacy program;

(b) is a graduate of an accredited pharmacy program serving an internship; or

(c) is a graduate of a pharmacy program located outside the United States of America which is not accredited and who is licensed pursuant to (14).

(4) All intern applicants must:

(a) submit a completed application to the board;

(b) pay the required fee; and

(5) The intern is responsible for the knowledge and observation of the extent of the intern's legal liability and legal restrictions applicable under the federal, state, and municipal laws and rules.

(6) Intern and internship documentation, hours, and forms shall be furnished by the school of pharmacy and filed directly to the school of pharmacy.

(a) An intern must be licensed by the board before computed time is credited.

(7) An out-of-state intern must register with the board and comply with rules related to internship and this chapter.

(8) Employment and the intern training periods are not to be interpreted as being the same. An intern may work in excess of the computed time.

(9) Intern registration based on enrollment in or graduation from an accredited pharmacy program shall expire not later than 12 months after the date of graduation or at the time of professional licensure, whichever comes first. Intern registration based on graduation from a pharmacy program located outside of the United States of America which is not accredited shall expire not later than 12 months after the date of issuance of the registration or at the time of professional licensure, whichever comes first.

(10) The intern shall notify the board of any change of permanent address within 30 days.

(11) Intern certificate of registration shall be displayed at any experiential or employment location.

(12) An intern registration may be extended, subject to approval by the board, upon application by the intern, if extenuating circumstances are present.

(13) Suspension of an intern from university or college attendance concurrently suspends an intern's certificate of registration.

(14) A graduate of a foreign school of pharmacy seeking licensure to practice as a pharmacy intern in the state of Montana shall:

(a) submit proof of a Foreign Pharmacy Graduate Examination Committee (FPGEC) Certification from the National Association of Boards of Pharmacy (NABP), which includes the following:

(i) Test of Spoken English (TSE);

(ii) Test of English as a Foreign Language (TOEFL); and

(iii) Foreign Pharmacy Graduate Equivalency Exam (FPGEE);

(b) achieve NABP minimum passing scores on all tests and examinations;

(c) have an internship practice site identified and that practice site must be a licensed pharmacy in good standing with the board;

(d) have an internship preceptor identified and that preceptor must:

(i) be a licensed pharmacist in good standing with the board; and

(ii) be a registered preceptor in good standing with the board;

(e) appear before the board with their preceptor; and

(f) complete 1,740 hours of internship in the United States in order to be eligible for pharmacist licensure in Montana.

History

Authorizing statute(s): 37-7-131, 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, Eff. 5/20/72; AMD, 1977 MAR p. 106, Eff. 9/23/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 2060, Eff. 11/18/97; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2010 MAR p. 74, Eff. 1/15/10; AMD, 2011 MAR p. 1148, Eff. 6/24/11; AMD, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2017 MAR p. 1653, Eff. 9/23/17; AMD, 2019 MAR p. 1633, Eff. 9/21/19; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.603 Out-of-State Internship Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, Eff. 5/20/72; AMD, 1977 MAR p. 106, Eff. 9/23/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.604 Preceptor Requirements

(1) Each preceptor shall:

(a) apply for board approval to be a preceptor when the preceptor is a pharmacist. For pharmacists, the board shall issue an endorsement on the pharmacist's license when requirements are met;

(b) have been actively engaged in:

(i) the practice of pharmacy for one year, unless otherwise approved by the board; or

(ii) other approved disciplines;

(c) be actively engaged in the pharmacy profession or other approved discipline or healthcare profession while acting as preceptor;

(d) not have been convicted of violation of any statutes or rules relating to pharmacy within three years prior to application;

(e) be acutely aware of the responsibilities governing professional conduct in this state;

(f) have current knowledge of developments in the profession by exhibiting such attendances, readings, and actions, which conform to the best traditions of pharmacy;

(g) make reports and certifications as required by a school of pharmacy;

(h) not be permitted to leave an intern to work alone or unsupervised to assume the responsibility of a pharmacist; and

(i) complete a training course as approved by the ACPE or the school of pharmacy prior to applying for a pharmacist preceptor endorsement.

(2) The repackaging, labeling, counseling, dispensing, or distribution of drugs shall be under the supervision of a supervising pharmacist.

(3) A supervising pharmacist or preceptor may precept more than one intern at a time.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, Eff. 5/20/72; AMD, 1977 MAR p. 106, Eff. 9/23/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 2060, Eff. 11/18/97; AMD, 2001 MAR p. 783, Eff. 5/11/01; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2002 MAR p. 3605, Eff. 12/27/02; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2011 MAR p. 1148, Eff. 6/24/11; AMD, 2019 MAR p. 1633, Eff. 9/21/19; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.605 Foreign Intern Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2017 MAR p. 1653, Eff. 9/23/17; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.611 Approved Training Areas (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, Eff. 5/20/72; AMD, 1977 MAR p. 106, Eff. 9/23/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.612 Internship Required Forms and Reports (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, Eff. 5/20/72; AMD, 1977 MAR p. 106, Eff. 9/23/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 2060, Eff. 11/18/97; AMD, 2000 MAR p. 2005, Eff. 7/28/00; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2019 MAR p. 1633, Eff. 9/21/19; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.613 Revocation or Suspension of Certificate (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, Eff. 5/20/72; AMD, 1977 MAR p. 106, Eff. 9/23/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Subchapter 24.174.7 Pharmacy Technicians

Mont. Admin. R. 24.174.701 Pharmacy Technician License Requirements

(1) To be licensed as a pharmacy technician in this state, the applicant shall:

(a) submit an application on a form prescribed by the board;

(b) pay application fees as prescribed by the board; and

(c) submit a copy of proof of certification by the Pharmacy Technician Certification Board (PTCB), National Healthcareer Association (ExCPT), or other board-approved certifying entity.

(i) The board recognizes other Montana health care licensing boards as certifying entities for which licensees can assist the pharmacist(s) in administering vaccines, in compliance with state and federal requirements, under the supervision of a pharmacist, pursuant to the following restrictions:

(A) The health care licensee is in good standing with their licensing board and is authorized to administer vaccines under their own scope of practice. The health care licensee does not need a separate pharmacy technician license issued by the board.

(B) The pharmacist(s) is authorized to prescribe, dispense, and administer vaccines, pursuant to 37-7-105, MCA, and ARM 24.174.503, and in compliance with state and federal requirements.

(ii) The pharmacy must have policies and procedures to reflect use of health care licensees to assist pharmacists in administration of vaccines as authorized in (i) and their license must be conspicuously displayed at the pharmacy.

(2) An applicant for licensure as a pharmacy technician in this state who is not yet certified, or does not meet the age or training requirements for certification may be issued a certified pharmacy technician provisional license, as authorized by 37-1-144, MCA, valid for two years from the date the provisional license was issued or after the applicant is eligible for certification.

(3) No pharmacist, intern, or health care licensee whose license has been denied, revoked, or is currently suspended, or restricted for disciplinary purposes shall be eligible to be licensed as a pharmacy technician.

History

Authorizing statute(s): 37-1-131, 37-7-201, MCA
Implementing statute(s): 37-1-305, 37-7-101, 37-7-201, MCA
History: NEW, 2002 MAR p. 86, Eff. 1/18/02; AMD, 2010 MAR p. 74, Eff. 1/15/10; AMD, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2019 MAR p. 1633, Eff. 9/21/19; AMD, 2022 MAR p. 401, Eff. 3/26/22; AMD, 2024 MAR p. 2219, Eff. 9/21/24; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.702 Qualifications of Pharmacy Technician

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-301, 37-7-307, MCA
History: NEW, 1992 MAR p. 1608, Eff. 7/31/92; AMD, 2002 MAR p. 86, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 904; REP, 2019 MAR p. 1633, Eff. 9/21/19.

Mont. Admin. R. 24.174.703 Use and Training of Pharmacy Technicians

(1) A pharmacy technician, as defined in 37-7-101, MCA, may perform tasks as delegated by the supervising pharmacist and may not perform tasks which require the exercise of the pharmacist's independent professional judgment, including but not limited to, patient counseling, drug product selection, drug interaction review or drug regimen review.

(2) An initial training program must include on-the-job practical training and didactic education that is commensurate with the tasks and functions a pharmacy technician may perform. Pharmacy technician training materials must be available for inspection by the board.

(3) A pharmacy must have policies and procedures directing how a pharmacy technician will be utilized based on the technician’s training, experience, education, skills, competencies, and applicable scope of practice. The policies and procedures must be made available for inspection by the board.

(4) When a pharmacist is not in the pharmacy, new prescriptions may be dispensed, provided that the final check has been completed and the prescriptions are waiting to be dispensed, unless counseling is requested by the patient or required by the pharmacist. Pharmacy technicians may not provide counseling.

(5) No medication may be dispensed to a patient without review by a pharmacist for the accuracy and appropriateness of the prescription drug order.

(6) All compounded medications must be verified by the supervising pharmacist including but not limited to checking: the original order, additives, dosages, and clarity of IV solution, where appropriate.

(7) All pharmacy technicians and auxiliary staff shall be made visually identifiable by name and job title utilizing letters of 16 point or larger on a name badge.

(8) All pharmacy technicians must properly identify themselves as a pharmacy technician when they answer the telephone, accept verbal prescription orders for new or refill prescriptions from medical practitioners with prescriptive authority or their designated agents, and initiate refill requests to a prescriber. Delegated activities related to pharmacy technicians accepting verbal prescription orders or initiating refill requests must be outlined in the policies and procedures.

(9) All pharmacy technician licenses must be conspicuously displayed at all times in the place of business.

(10) Pursuant to ARM 24.174.411, regarding pharmacist meal/rest breaks, a pharmacy technician may act as agent in charge of the pharmacy to ensure its integrity when a licensed pharmacist is not physically present but remains on the premises. The pharmacy technician may not perform any duties which require the exercise of the pharmacist's independent professional judgment. The technician may not be left in charge for more than 30 minutes.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-101, 37-7-201, 37-7-301, MCA
History: NEW, 1992 MAR p. 1608, Eff. 7/31/92; AMD, 2000 MAR p. 2005, Eff. 7/28/00; AMD, 2002 MAR p. 86, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2010 MAR p. 74, Eff. 1/15/10; AMD, 2019 MAR p. 1633, Eff. 9/21/19; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.704 Pharmacy Technician Training (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-307, MCA
History: NEW, 1992 MAR p. 1608, Eff. 7/31/92; AMD, 2002 MAR p. 86, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 904; REP, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.705 Tasks and Functions of Pharmacy Technician (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-101, 37-7-201, 37-7-301, 37-7-307, MCA
History: NEW, 1992 MAR p. 1608, Eff. 7/31/92; AMD, 2002 MAR p. 86, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; REP, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.711 Ratio of Pharmacy Technicians and Interns to Supervising Pharmacists

(1) The ratio of pharmacy technicians to pharmacist(s) on duty is to be determined by the pharmacist-in-charge. A pharmacist intern does not count against the pharmacist to pharmacy technician ratio.

(2) The pharmacist-in-charge will ensure that the number of pharmacy technicians on duty can be satisfactorily supervised by the pharmacist(s) on duty to ensure patient safety and a safe work environment, provided:

(a) in the professional judgment of the pharmacist on duty, the ratio and supervision of pharmacy technicians is adequate and manageable based on the technician's scope of practice, training, education, skill and experience, the policy and procedures of the pharmacy must allow for safe and accurate filling and labeling of prescriptions, and the ratio must be assessed with regard to the pharmacy's quality assurance program , pursuant to ARM 24.174.407;

(b) the pharmacy’s policies and procedures shall be reviewed annually. All affected supervising pharmacists and pharmacy technicians must be familiar with the contents and the policies and procedures must be available for inspection by the board.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-101, 37-7-201, MCA
History: NEW, 1992 MAR p. 1608, Eff. 7/31/92; AMD, 1997 MAR p. 2060, Eff. 11/18/97; AMD, 2002 MAR p. 86, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2002 MAR p. 3605, Eff. 12/27/02; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2019 MAR p. 1633, Eff. 9/21/19; AMD, 2022 MAR p. 401, Eff. 3/26/22; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.712 Application for Approval of Utilization Plan (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-308, 37-7-309, MCA
History: NEW, 1992 MAR p. 1608, Eff. 7/31/92; AMD, 1997 MAR p. 2060, Eff. 11/18/97; AMD, 2002 MAR p. 86, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2022 MAR p. 401, Eff. 3/26/22; AMD, 2024 MAR p. 2219, Eff. 9/21/24; REP, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.713 Contents of Training Course (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-307, MCA
History: NEW, 1992 MAR p. 1608, Eff. 7/31/92; AMD, 2002 MAR p. 86, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 904; REP, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.714 Inspection of Utilization Plan and Training Record (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-308, MCA
History: NEW, 1992 MAR p. 1608, Eff. 7/31/92; AMD, 2002 MAR p. 86, Eff. 1/18/02; TRANS, from Commerce, 2002 MAR p. 904; REP, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.715 Tech-Check-Tech Program

(1) To participate in a TCT program, a pharmacy must be licensed by the board as an institutional pharmacy or a community pharmacy and must submit an application for an endorsement on the pharmacy’s license, renew the endorsement annually, and submit a description of the types of services that will be provided through the TCT program. There is no cost for the endorsement.

(2) No medications utilized in a TCT program, as defined in 37-7-101, MCA, may be administered or dispensed to a patient without the prescription drug order or chart order first being reviewed by a licensed pharmacist for clinical evaluation and drug utilization.

(3) Pursuant to the definition of “pharmacy technician” in 37-7-101, MCA, a pharmacist may delegate tasks to a certified pharmacy technician, a provisional pharmacy technician (not yet certified), or a pharmacist intern through a TCT program who may be used to perform tasks associated with the physical preparation and processing of prescription drug orders or chart orders. In delegating these activities, the supervising pharmacist shall ensure that authorized activities do not include tasks which require a pharmacist’s clinical evaluation or independent professional judgment.

(4) The TCT program may include a second certified pharmacy technician or a pharmacist intern who verifies the work of the first pharmacy technician (certified or provisional) or pharmacist intern to:

(a) perform final product verification, excluding compounded products;

(b) utilize bar code or other technology to perform verification of each medication product stored in a unit dose cart or automated pharmacy system when such medication will be administered to the patient by a licensed health care professional; and

(5) For any TCT program, a second verification of work cannot be performed by a provisional pharmacy technician.

(6) The written policies and procedures must identify how technicians will be utilized in a TCT program, describe steps for safe and accurate filling and labeling of prescription drug orders and chart orders, and specifically describe the participating technician’s training, education, competencies, and experiences related to the TCT program activities. In addition, the TCT program policies and procedures must:

(a) include and maintain a current record of a technician’s training who participates in the TCT program;

(b) reflect current activities and be reviewed annually;

(d) include the review of all quality related events or errors with documentation of corrective action measures pursuant to the quality assurance program requirements in ARM 24.174.407; and

(e) identify specific monitoring, review, and quality assurance parameters instituted if high-risk or high-alert medications are used in the TCT program. Additional information is available on the Institute for Safe Medication Practices (ISMP) website at https://home.ecri.org/pages/ismp.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-101, 37-7-201, 37-7-301, 37-7-307, MCA
History: NEW, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Subchapter 24.174.8 Pharmacies

Mont. Admin. R. 24.174.801 General License Requirements

(1) The board shall issue a license for the operation of a pharmacy in the state of Montana when:

(a) the owner of the pharmacy is a registered pharmacist in good standing in the state of Montana; or

(b) the manager or supervisor of the pharmacy is a registered pharmacist in good standing in the state of Montana and that the pharmacist will be actively and regularly engaged and employed in, and responsible for the management, supervision and operation of such pharmacy.

(2) The license registers the pharmacy to which it is issued and is not transferable. It is issued on the application of the registered pharmacist in charge, and which contains the sworn statement that the pharmacy will be operated in accordance with the provisions of the law.

(3) To operate, maintain, open, or establish more than one pharmacy, separate applications shall be made and separate licenses issued for each.

(4) No license may be issued whose intended place of business is a personal residence.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-321, MCA
History: NEW, Eff. 3/21/55; AMD, 1980 MAR p. 126, Eff. 1/18/80; AMD, 1980 MAR p. 970, Eff. 3/14/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.802 New Pharmacy

(1) Prior to conducting business, a pharmacy must secure a license and be registered with the board. Application for a license to operate a new pharmacy must be reviewed by the board or its designee before the license may be issued.

(2) A corporation or unregistered owner, may secure a license on the affidavit of the registered pharmacist charged with the management and supervision of the pharmacy.

(3) All new pharmacies shall be in compliance with ARM 24.174.801 and 24.174.814 at the time the pharmacy is opened for business.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-321, MCA
History: NEW, Eff. 3/21/55; AMD, 1980 MAR p. 126, Eff. 1/18/80; AMD, 1980 MAR p. 970, Eff. 3/14/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 344, Eff. 4/29/83; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.803 Change in Location and Board Notification Requirements

(1) Whenever a facility licensed by the board changes its physical location, including within the existing business location or outside of its existing business location, the license remains the same and the facility shall notify the board at least 30 days before such a change occurs for approval by the board or its designee. In the notification, the facility shall submit a new schematic or floor plan, a description of security, storage, access, and, if applicable, a description of privacy for patient counseling.

(2) Whenever a facility remodels its existing location, or changes its scope of practice, the facility shall notify the board 30 days before such a change occurs for approval by the board or its designee.

History

Authorizing statute(s): 37-7-201, 37-7-610, 37-7-712, MCA
Implementing statute(s): 37-7-321, 37-7-604, 37-7-605, 37-7-610, 37-7-701, 37-7-702, 37-7-703, 37-7-704, 37-7-706, MCA
History: NEW, Eff. 3/21/55; AMD, 1980 MAR p. 126, Eff. 1/18/80; AMD, 1980 MAR p. 970, Eff. 3/14/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 344, Eff. 4/29/83; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2024 MAR p. 2219, Eff. 9/21/24; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25; AMD, 2026 MAR, Notice No. 2026-131, Eff. 9/26/26.

Mont. Admin. R. 24.174.804 Change in Ownership

(1) When a pharmacy, or other facility licensed by the board, changes ownership, a new license must be obtained by the new owner or owners. The owner shall submit a new license application at least 30 days prior to the change in ownership, or as soon as change in ownership information is available. The application must be reviewed by the board or its designee before the license may be issued. The original license will expire at the time of license renewal unless the board is notified of an alternative closure date.

(2) A change in ownership for the purposes of this rule shall be deemed to occur when more than 50 percent of the equitable ownership of a business is transferred in a single transaction or in a related series of transactions to one or more persons or any other legal entity.

(3) A change due to corporate restructuring or business structure for legal or tax purposes does not constitute an ownership change unless the provisions of (2) are met. The licensee shall notify the board of the change but a new application and license are not required.

(4) The board must be notified in writing when five to 50 percent of the equitable ownership of a facility business license is transferred in a single transaction or in a related series of transactions to one or more persons or any other legal entity.

History

Authorizing statute(s): 37-7-201, 37-7-610, 37-7-712, MCA
Implementing statute(s): 37-7-201, 37-7-321, 37-7-604, 37-7-605, 37-7-610, 37-7-701, 37-7-702, 37-7-703, 37-7-704, 37-7-706, MCA
History: NEW, Eff. 3/21/55; AMD, 1980 MAR p. 126, Eff. 1/18/80; AMD, 1980 MAR p. 970, Eff. 3/14/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 344, Eff. 4/29/83; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2024 MAR p. 2219, Eff. 9/21/24; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.805 Change of Pharmacist-in-Charge or Person-in-Charge

(1) When service as the pharmacist-in-charge of a pharmacy ends, the pharmacist is responsible for notifying the board in writing of such termination of services.

(2) Within ten days of termination of services of the pharmacist-in-charge, a new pharmacist-in-charge must be designated in writing on the appropriate board-approved form and filed with the board.

(3) The requirements in (1) and (2) apply to a person-in-charge for other facilities licensed by the board for which a pharmacist is not required to be the person-in-charge.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-321, MCA
History: NEW, Eff. 3/21/55; AMD, 1980 MAR p. 126, Eff. 1/18/80; AMD, 1980 MAR p. 970, Eff. 3/14/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2010 MAR p. 2968, Eff. 12/24/10; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.806 Facility Licenses to Be Posted

(1) The pharmacy license or other facility license issued by the board must be posted in a conspicuous place in the facility.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-321, MCA
History: NEW, Eff. 3/21/55; AMD, 1980 MAR p. 126, Eff. 1/18/80; AMD, 1980 MAR p. 970, Eff. 3/14/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.807 Closure of a Facility

(1) Upon permanent closure of a pharmacy or other facility licensed by the board, the original license becomes void.

(2) Whenever a facility permanently closes, the owner shall notify the board of the closing no later than 15 days prior to the anticipated date of closing. The notice shall be submitted in writing and shall include the following information:

(a) the date of closure;

(b) the names and addresses of the persons who will have custody of the closing pharmacy's:

(i) prescription files;

(ii) bulk compounding records;

(iii) repackaging records; and

(iv) controlled substance inventory records.

(c) the names and addresses of any persons who will acquire any prescription drugs from the closing facility, if known at the time the notice is filed; and

(d) the name and phone number of the property owner.

(3) No later than 15 days after the facility has closed, the owner shall submit to the board written confirmation that:

(a) all prescription drugs have been either:

(i) destroyed; or

(ii) transferred to an authorized person(s), including the names and addresses of the person(s) to whom the prescription drugs were transferred.

(b) controlled substances were transferred, including:

(i) names and addresses of the person(s) to whom the substances were transferred;

(ii) the substances transferred;

(iii) the amount of each substance transferred; and

(iv) the date on which the transfer took place.

(d) all facility labels and blank prescriptions which were in the possession of the facility were destroyed;

(e) all signs and symbols indicating the presence of the facility have been removed; and

(f) all contents of medication collection receptacles or disposal kiosks, if any, have been shipped and the containers have been removed.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-321, MCA
History: NEW, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.810 Class I Facility

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201 (2), 37-7-321 (2), MCA
History: NEW, Eff. 3/21/71; AMD, Eff. 8/4/76; AMD, Eff. 1/31/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 904; REP, 2002 MAR p. 3605, Eff. 12/27/02.

Mont. Admin. R. 24.174.811 Class Ii Facility

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201 (2), 37-7-321 (2), MCA
History: NEW, Eff. 3/21/71; AMD, Eff. 8/4/76; AMD, Eff. 1/31/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 904; REP, 2002 MAR p. 3605, Eff. 12/27/02.

Mont. Admin. R. 24.174.812 Class Iii Facility

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201 (2), 37-7-321 (2), MCA
History: NEW, Eff. 3/21/71; AMD, Eff. 8/4/76; AMD, Eff. 1/3/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 904; REP, 2002 MAR p. 3605, Eff. 12/27/02.

Mont. Admin. R. 24.174.813 Class Iv Facility

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-321, MCA
History: NEW, Eff. 3/21/71; AMD, Eff. 8/4/76; AMD, Eff. 1/31/77; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 344, Eff. 4/29/83; TRANS, from Commerce, 2002 MAR p. 904; REP, 2012 MAR, p. 896, Eff. 4/27/12.

Mont. Admin. R. 24.174.814 Security of Pharmacy and Records

(1) Each pharmacist, while on duty, shall be responsible for the security of the pharmacy, including provisions for effective control against theft or diversion of drugs.

(a) A Schedule II controlled substance perpetual inventory shall be maintained and routinely reconciled in all pharmacies.

(2) The pharmacy shall be secured at all times by either a physical barrier with suitable locks and/or an electronic barrier to detect entry by unauthorized persons at any time. Such barrier shall be approved by the board or its designee before being put into use.

(3) Prescription and other patient health care information shall be maintained in a manner that protects the integrity and confidentiality of such information as provided by the rules of the board.

(4) An automated prescription record keeping system(s) (system) may be employed for prescription record keeping.

(a) The system shall contain adequate safeguards or security of the records to maintain the confidentiality and accuracy of the prescription or drug order information. Safeguards against unauthorized changes in data after the information has been entered and verified by the registered pharmacist shall be provided by the system.

(b) The system must comply with all applicable state and federal privacy and security requirements.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2002 MAR p. 794, Eff. 2/1/02; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.817 Automated Record Keeping Systems (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 1985 MAR p. 1017, Eff. 7/26/85; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2010 MAR p. 74, Eff. 1/15/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.818 Security (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 1985 MAR p. 1017, Eff. 7/26/85; TRANS, from Commerce, 2002 MAR p. 904; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.819 Sanitation and Equipment Requirements

(1) Pharmacies shall at all times be operated by a registered pharmacist in a sanitary manner, pursuant to 50-31-103 and 50-31-305, MCA. There must be in use a safe and pure water supply and facilities for the proper storage and handling of supplies and stocks.

(2) Pharmacies shall have adequate space where prescriptions are filled or drugs compounded, containing suitable equipment in order to provide for an efficient pharmacy operation.

(3) Pharmacies shall contain and have ready for use all up-to-date items which are necessary in filling prescriptions, compounding drugs and the efficient operation of the pharmacy.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, Eff. 3/21/55; AMD, 1980 MAR p. 126, Eff. 1/18/80; AMD, 1980 MAR p. 970, Eff. 3/14/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 344, Eff. 4/29/83; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.822 Central Filling by Hub Pharmacies

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-321, MCA
History: NEW, 2006 MAR p. 1615, Eff. 6/23/06; REP, 2007 MAR p. 1936, Eff. 11/22/07.

Mont. Admin. R. 24.174.823 Centralized Filling and Remote Order Processing of Prescriptions in Community Pharmacies

(1) Central or remote prescription processing services may be utilized by a licensed pharmacy if the following conditions have been met:

(a) remote licensed staff must be licensed in Montana as a pharmacist or a pharmacy technician or, if located out-of-state, be licensed in their home state and work under the authority of a pharmacy licensed in Montana pursuant to (6); and

(b) policies and procedures must be in place for remote licensed staff working off-site to process prescriptions or other applicable duties to ensure appropriate tasks, security, and privacy provisions are met. The policies and procedures shall:

(i) be reviewed and documented annually;

(ii) include a continuous quality improvement program;

(iii) comply with federal and state statutes and regulations; and

(iv) be available for inspection by the board.

(2) A pharmacy that outsources prescription filling or processing to another pharmacy shall, prior to outsourcing a prescription:

(a) notify the patient or the patient's agent that prescription filling or processing may be outsourced to another pharmacy and accommodate patient choice not to have the prescription outsourced;

(b) provide the name of the pharmacy that will be filling or processing the prescription or, if the pharmacy is part of a network of pharmacies under common ownership and any of the network pharmacies may fill or process the prescription, the patient shall be notified of this fact; and

(3) Each pharmacy engaging in centralized prescription processing shall be jointly responsible for properly filling the prescription.

(4) The delivering pharmacy is responsible for providing patient counseling. All central filling of prescriptions must be completed in a licensed pharmacy.

(5) Pharmacies providing central processing or central filling services to pharmacies in the state of Montana must be licensed in Montana.

(6) An out-of-state pharmacy providing central processing or central filling services to pharmacies in the state of Montana must be licensed as an out-of-state mail order pharmacy and comply with all Montana statutes and rules.

(7) Policies and procedures relating to centralized filling or processing activities shall be maintained at all pharmacies involved in centralized filling or processing and shall be available for inspection by the board. The policies and procedures shall:

(a) include the annual review of the competencies of pharmacists providing remote and/or centralized prescription processing or filling services;

(b) be reviewed and documented annually;

(d) comply with federal and state statutes and regulations; and

(e) be available for inspection by the board.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-321, MCA
History: NEW, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2024 MAR p. 2219, Eff. 9/21/24; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.830 Limited Service Pharmacy

(1) A limited service pharmacy is defined as a family planning clinic:

(a) operating under contract with the state to provide such services; or

(b) providing pharmaceutical care under the review of a consulting pharmacist and dispensing prescription drugs, but which is not under contract with the state.

(2) Each limited service pharmacy must apply for a license from the board and submit the required fee for each separate location.

(3) A limited service pharmacy must display its license in a conspicuous place at the facility.

(4) A limited service pharmacy is not required to employ a licensed pharmacist.

(5) A limited service pharmacy dispensing prescription drugs other than factory, prepackaged contraceptives must disclose the name, address, telephone number, and title of the designated person-in-charge of the limited service pharmacy.

(a) The person-in-charge is responsible for the limited service pharmacy's compliance with all applicable state and federal statutes and rules.

(b) A person-in-charge may be responsible for multiple sites.

(6) The board may annually inspect limited service pharmacies. The board may inspect more often for cause. Such inspections must include assurance that the limited service pharmacy provides adequate:

(a) drug labeling;

(b) counseling materials to all patients, including the name of the limited service pharmacy's consulting pharmacist, where required;

(d) records maintenance and retention; and

(e) drug storage and security.

(7) Nothing in this rule is meant to limit or restrict the authority of a registered nurse employed by a family planning clinic, operating under contract with the state, from dispensing factory, prepackaged contraceptives as authorized by 37-2-104, 37-7-103, or 50-31-307, MCA.

(8) A registered nurse or provider with prescriptive authority, employed by a family planning clinic operating under contract with the state, may dispense medications used to treat sexually transmitted diseases, including but not limited to conditions listed in 50-16-1004 and 50-18-101, MCA, and to a sexual contact or partner of a patient diagnosed with a sexually transmitted disease. All appropriate records shall be maintained on-site.

(9) The medications dispensed must:

(a) be prepackaged and properly labeled in accordance with state law;

(b) include appropriate counseling materials informing the patient of the potential risks involved in taking the drug; and

(c) contain contact information for the healthcare provider or a consulting pharmacist to provide advice or answer questions.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-321, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.831 Prescription Requirements

(1) Prescriptions shall include, but not be limited to:

(a) patient's name;

(b) name of drug, device, or biological;

(d) dosage form of drug or biological, if applicable;

(e) quantity of drug, device, or biological prescribed;

(f) directions for use;

(g) date of issuance;

(h) prescriber's name;

(i) number of refills authorized.

(2) A prescription and any refills for a non-controlled drug, device, or biologic are valid for one year from date of issuance.

(3) Prescriptions shall comply with all federal DEA requirements for prescriptions, dispensing, and refills of controlled substance in Schedules II, III, IV, and V, pursuant to 21 CFR 1306.

(4) If the prescription is written, it must contain the prescriber's hand-written signature the name of the prescriber stamped, typed, printed, or clearly handwritten in addition to the signature, must be tamper-resistant, and contain:

(a) one or more industry-recognized features designed to prevent unauthorized copying of a completed or blank prescription form;

(b) one or more industry-recognized features designed to prevent the erasure or modification of information written on the prescription pad by the prescriber; and

(5) if the prescription is for a controlled substance, all state and federal requirements must be met, and the following additional information is required to be on the prescription:

(a) patient's address;

(b) prescriber's address; and

(6) Prescription or refill authorization issued by a prescriber may be communicated to a pharmacist or a pharmacist intern by an employee or agent of the prescriber.

(7) "Brand name medically necessary" shall be handwritten (or printed if electronically generated) on the face of the prescription if it is medically necessary that an equivalent drug product not be selected.

(8) Prescription records may be electronically stored and maintained if they remain legible and are in a readily retrievable format, and if federal law does not require them to be kept in a hard copy format, pursuant to DEA requirements in 21 CFR 1304.06.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-505, MCA
History: NEW, 1985 MAR p. 1017, Eff. 7/26/85; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2010 MAR p. 74, Eff. 1/15/10; AMD, 2011 MAR p. 1148, Eff. 6/24/11; AMD and TRANS, from ARM 24.174.510, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.832 Labeling for Prescriptions

(1) On prescription drugs, the label shall contain the name, address and phone number of the dispenser, name of prescriber, name of patient, name and strength of the drug, directions for use and date of filling.

(2) The prescription label must be securely attached to the outside of the container in which the prescription is dispensed, with the exception of medical oxygen.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, Eff. 7/19/68; AMD, 1978 MAR p. 393, Eff. 3/25/78; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2001 MAR p. 783, Eff. 5/11/01; TRANS, from Commerce, 2002 MAR p. 904; TRANS, from ARM 24.174.511, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.833 Records of Dispensing, Purchases, and Distribution

(1) Records of dispensing for original and refill prescriptions are to be made and kept by pharmacies for at least two years and shall include, but not be limited to:

(a) quantity dispensed, if different;

(b) date of dispensing;

(d) the identification of the pharmacist responsible for dispensing;

(e) documentation of satisfaction of state requirements for drug product selection;

(f) records of refills to date; and

(g) if the pharmacy is distributing to another licensee through wholesale distribution activities, the invoice number and invoice, and, pursuant to 21 CFR 205.50, retain distribution records for three years.

(2) All records must be available for printing and available for inspection by the board.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 1985 MAR p. 1017, Eff. 7/26/85; TRANS, from Commerce, 2002 MAR p. 904; TRANS, from ARM 24.174.512, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.834 Copy of Prescription (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-101, MCA
History: NEW, Eff. 6/7/66; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; TRANS, from ARM 24.174.513, 2015 MAR p. 302, Eff. 3/27/15; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.835 Transfer of Prescriptions

(1) The transfer of prescription information for the purpose of dispensing is permissible between pharmacies subject to DEA regulations and the following requirements:

(a) the transfer is communicated directly between two licensed pharmacists/interns, or is faxed or electronically transmitted by a pharmacy technician under the direct supervision of a pharmacist. A pharmacy technician may initiate the transfer if reflected in the pharmacy’s policies and procedures; and

(b) a retrievable audit trail, including the date of transfer and initials or code of the transferring parties, is maintained for a period of two years; and

(c) the transfer of pertinent and necessary patient records or prescriptions to another licensed pharmacy is completed in a timeline that meets patient safety and health needs, subject to the pharmacist's professional judgment.

(2) The transferring pharmacy shall:

(a) render the prescription void; and

(b) enter the name, address, and DEA number if required of the receiving pharmacy into the database of the transferring pharmacy.

(3) The receiving pharmacy shall maintain documentation including:

(a) a notation that the prescription was received by transfer;

(b) the date on which the prescription was written;

(d) the original number of refills, number of refills or quantity remaining, and the date of the most recent refill;

(e) the name, address, and DEA number if required of the transferring pharmacy;

(f) all other prescription information required by state and federal laws and regulations; and

(g) a record of each prescription transferred.

(4) Two or more pharmacies sharing common electronic files to maintain dispensing information are not required to transfer prescription information between these pharmacies, provided all common electronic files maintain complete and accurate records of each prescription and refill dispensed, and the total number of refills authorized is not exceeded.

(a) Pharmacies sharing common electronic files shall have policies and procedures in place for handling patient exceptions.

(5) In an emergency, a pharmacy may transfer original prescription information for a noncontrolled substance to a second pharmacy for the purpose of dispensing up to a seven-day supply, without voiding the original prescription.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 1985 MAR p. 1017, Eff. 7/26/85; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD and TRANS, from ARM 24.174.514, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2019 MAR p. 1633, Eff. 9/21/19; AMD, 2021 MAR p. 1671, Eff. 11/20/21; AMD, 2024 MAR p. 2219, Eff. 9/21/24; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25; AMD, 2026 MAR, Notice No. 2026-131, Eff. 9/26/26.

Mont. Admin. R. 24.174.836 Emergency Prescription Refills

(1) A pharmacist may refill a prescription without practitioner authorization when:

(a) the pharmacist is unable to contact the practitioner after reasonable effort; and

(b) in the professional judgment of the pharmacist, failure to refill the prescription may result in an interruption of a therapeutic regimen or cause patient suffering.

(2) If a prescription is not refillable, a pharmacist dispensing an emergency refill:

(a) may exercise professional judgment to dispense a minimum sufficient quantity until authorization can be obtained from a prescriber;

(b) may not dispense a controlled substance prescription medication listed in Schedule II through Schedule V;

(c) must inform the patient or the patient's representative at the time of dispensing that the refill is being provided without the practitioner's authorization, and that practitioner authorization is required for any future refill;

(d) must inform the practitioner of the emergency refill at the earliest reasonable time; and

(e) must comply with all applicable record-keeping requirements.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; TRANS, from ARM 24.174.515, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.837 Prescription Required for Schedule V

(1) All products which are presently defined as exempt narcotics (Schedule V) of the Comprehensive Controlled Substances Act, Public Law (91-513) shall require a prescription from one with the authority to prescribe.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-102, 37-7-201, MCA
History: NEW, Eff. 9/16/71; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 904; TRANS, from ARM 24.174.520, 2015 MAR p. 302, Eff. 3/27/15.

Mont. Admin. R. 24.174.838 Returned Prescription

(1) In the best interest of, and for the safety and protection of public health and the pharmacy, no pharmacist shall place in stock for reuse or resale the contents of any prescription, which has been returned after leaving the pharmacy except as provided in ARM 24.174.1141.

History

Authorizing statute(s): 37-7-201, 37-7-1401, MCA
Implementing statute(s): 37-7-201, 37-7-1401, MCA
History: NEW, Eff. 6/12/57; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; TRANS, from ARM 24.174.521, 2015 MAR p. 302, Eff. 3/27/15.

Mont. Admin. R. 24.174.839 Alternate Delivery of Prescriptions

(1) Under the provisions of 37-7-301, MCA, it shall be deemed a violation of the pharmacy law for any person or corporation holding a pharmacy license to participate in any arrangement or agreement whereby prescriptions may be left at, picked up from, accepted by or delivered to any store, shop or any other establishment not licensed by the board as a "pharmacy."

(a) Nothing in this rule shall prohibit a licensed pharmacy from picking up prescriptions or delivering prescriptions at the office or home of the prescriber, and at the residence of the patient or at the hospital in which a patient is confined, by means of an employee or a common carrier. Prescriptions delivered to a prescriber office may be delivered to a secure locker system or related technology holding products already labeled and ready for patient pickup.

(b) Nothing in this rule shall prohibit a facility licensed as a pharmacy and located in Montana, or a medical practitioner dispenser registered with the board from installing an alternate delivery system in the facility that holds products already labeled and ready for patient pick up, including, but not limited to, a secure locker system or related technology. The system, including a description of security, access, recordkeeping, and counseling methods must have the prior approval of the board or its designee, and must be available for inspection by the board.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-301, MCA
History: NEW, Eff. 9/24/61; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; TRANS, from ARM 24.174.522, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2026 MAR, Notice No. 2026-131, Eff. 9/26/26.

Mont. Admin. R. 24.174.840 Electronic Transmission of Prescriptions

(1) Unless otherwise prohibited by law, an electronic prescription may be transmitted from the prescriber or an authorized agent directly to the dispensing pharmacy and must contain all information required by state and federal law.

(2) Electronic prescriptions for Schedules II through V controlled substances shall comply with DEA requirements, as outlined in 21 CFR 1311.120, and any security or other requirements of federal law.

(3) All electronic prescriptions shall comply with all security requirements of state and federal law related to privacy of protected health information.

(4) A pharmacy receiving an electronic prescription shall maintain the prescription record in accordance with ARM 24.174.833.

(5) An electronic prescription shall be transmitted only to the pharmacy of the patient's choice.

(6) Computer-generated, electronically signed prescriptions for controlled substances that are handed directly to a patient or to a patient's agent, or faxed to a pharmacy, must contain the actual signature of the prescriber, and comply with prescription requirements outlined in ARM 24.174.831 if a hard copy prescription. Computer-generated, electronically signed prescriptions for noncontrolled substances do not require an additional wet signature.

History

Authorizing statute(s): 37-7-201, 50-32-103, MCA
Implementing statute(s): 37-1-101, 37-7-102, 37-7-201, 50-32-208, MCA
History: NEW, 1995 MAR p. 2689, Eff. 12/8/95; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2010 MAR p. 74, Eff. 1/15/10; AMD, 2012 MAR p. 896, Eff. 4/27/12; AMD and TRANS, from ARM 24.174.523, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.841 Compounded Sterile Preparations

(1) Any pharmacy facility, including out-of-state mail order pharmacies and outsourcing facilities, engaged in CSP must apply for a sterile compounding endorsement and identify a designated person pursuant to USP 797. The designated person is responsible and accountable for the performance and operation of the facility and personnel as related to the preparation of CSP.

(2) A pharmacy facility engaged in sterile compounding must meet the minimum standards set forth in USP 797 to ensure the safety, identity, strength, quality, and purity of the finished product. Policies and procedures must be prepared, developed, and implemented for the compounding, dispensing, delivery, administration, storage, repackaging, and use of sterile pharmaceutical products. If applicable, other USP chapters relevant to the scope of practice must be met. Pharmacies must comply with section 503A of the Food, Drug, and Cosmetic Act including but not limited to compounding pursuant to a patient-specific prescription.

(3) The designated person must have written or electronic documentation to demonstrate compliance with the requirements in USP available for inspection by the board, including but not limited to:

(a) personnel training, competency assessments, and qualification records including corrective actions for any failures;

(b) certification reports, including corrective actions for any failures;

(d) equipment records (e.g., calibration, verification, and maintenance reports);

(e) receipt of components;

(f) standard operating procedures, master formulation records, and compounding records;

(g) release inspection and testing records if applicable; and

(h) information related to complaints and adverse events including investigations and corrective actions.

(4) A pharmacy compounding sterile hazardous drugs must meet the standards set forth in USP 797 and USP 800 and be performed in an appropriate negative pressure environment. Policies and procedures must be maintained and address appropriate personal protective equipment, training, proper labeling to identify the drug is hazardous, containment of spills, and proper disposal of waste that complies with applicable local, state, and federal laws.

(5) A pharmacy compounding sterile radiopharmaceuticals must meet the minimum standards set forth in USP 825 for the preparation, compounding, dispensing, and repackaging of radiopharmaceuticals.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-307, 37-7-308, MCA
History: NEW, 2002 MAR p. 3605, Eff. 12/27/02; AMD and TRANS, from ARM 24.174.1121, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2026 MAR, Notice No. 2026-131, Eff. 9/26/26.

Mont. Admin. R. 24.174.842 Positive Identification for Controlled Substance Prescriptions

(1) The board authorizes the following allowable identifications in addition to those listed in 37-7-410, MCA:

(a) a valid government-issued photo identification, including but not limited to passport, military, or state-issued identification.

History

Authorizing statute(s): 37-7-201, 37-7-410, MCA
Implementing statute(s): 37-7-410, MCA
History: NEW, 2020 MAR p. 43, Eff. 1/18/20.

Mont. Admin. R. 24.174.843 Compounded Nonsterile Preparations

(1) A pharmacy engaged in nonsterile compounding shall meet the standards set in the USP 795 and any other applicable chapters to ensure the safety, identity, strength, quality, and purity of the finished product.

(2) Each facility must identify a designated person to ensure compliance with USP 795 and ensure all personnel have been properly trained. The designated person must have available for inspection by the board written or electronic documentation to demonstrate compliance with the requirements in USP 795 including but not limited to:

(a) personnel training, competency assessments, and qualification records including corrective actions for any failures;

(b) standard operating procedures, master formulation records, and compounding records;

(d) receipt and inspection of components;

(e) appropriate cleaning, decontamination, and sanitation;

(f) release inspections and testing records; and

(g) information related to complaints and adverse events including investigations and corrective actions.

(3) Pharmacies must comply with section 503A of the Federal Food, Drug and Cosmetic Act including but not limited to compounding pursuant to a valid patient specific prescription.

(4) A pharmacy compounding nonsterile hazardous drugs must meet the standards set forth in USP 800 pursuant to ARM 24.174.844 and be performed in an appropriate negative pressure environment.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-307, 37-7-308, MCA
History: NEW, 2026 MAR, Notice No. 2026-131, Eff. 9/26/26.

Mont. Admin. R. 24.174.844 Hazardous Drug Handling

(1) All personnel who handle hazardous drugs including repackaging solid dosage forms, and all facilities that store, compound, prepare, transport, or administer hazardous drugs must meet the requirements of USP 800.

(2) Each facility must assign a designated person to oversee compliance with the chapter and ensure that all personnel have been trained in hazardous drug handling.

(3) The designated person must have available for inspection by the board written or electronic documentation to demonstrate compliance with the requirements in USP 800 and at minimum include:

(a) personnel training;

(b) current assessment of risk if applicable;

(d) cleaning and decontamination;

(e) proper use of appropriate personal protective equipment;

(f) management of spills; and

(g) appropriate disposal of hazardous waste.

(4) Each facility must maintain a copy of the current list of antineoplastic and hazardous drugs used in healthcare from the National Institute for Occupational Safety and Health (NIOSH) and it must be reviewed at least every 12 months. Whenever a new agent or dosage form is used, it should be reviewed against the entity's list pursuant to USP 800.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-307, 37-7-308, MCA
History: NEW, 2026 MAR, Notice No. 2026-131, Eff. 9/26/26.

Mont. Admin. R. 24.174.845 Outsourcing Facilities

(1) Any outsourcing facility engaged in CSPs must apply for an outsourcing endorsement and must be licensed as follows:

(a) Any outsourcing facility located outside of Montana dispensing patient-specific medications directly to patients, must obtain an out-of-state mail order pharmacy license.

(b) Any outsourcing facility located in Montana dispensing patient-specific medications directly to patients, must obtain a community pharmacy license.

(c) Any outsourcing facility located in or outside of Montana distributing wholesale or bulk medication to a pharmacy for administration or dispensing, or to a prescriber for administration or dispensing, must obtain a wholesale drug distributor license.

(2) Outsourcing facilities must be registered with the Food and Drug Administration (FDA) as an outsourcing facility and comply with applicable FDA requirements regarding section 503B of the Federal Food, Drug, and Cosmetic Act, FDA definitions, and FDA current good manufacturing practice requirements pursuant to Title 21, CFR, Subsection 211.1 to 211.208 (or successor regulations).

(3) Facilities compounding controlled substances must be in compliance with applicable DEA regulations.

(4) Any drugs compounded in an outsourcing facility shall be compounded by or under the direct supervision of a licensed pharmacist and in accordance with all applicable federal and state laws.

(5) The pharmacist-in-charge shall be responsible for the oversight of current policies and procedures, staff training and competency assessments, and for compliance with all federal and state regulations applicable to outsourcing facilities.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-307, 37-7-308, MCA
History: NEW, 2026 MAR, Notice No. 2026-131, Eff. 9/26/26.

Subchapter 24.174.9 Patient Counseling

Mont. Admin. R. 24.174.901 Patient Records and Drug Utilization Review

(1) A patient record system shall be maintained by all pharmacies for patients for whom prescriptions are dispensed. The patient record system shall provide for the immediate retrieval of information necessary for the dispensing pharmacist to identify previously dispensed drugs at the time a prescription is presented for dispensing. The pharmacist or pharmacy technician shall make a reasonable effort to obtain, record, and maintain the following information:

(a) full name of the patient;

(b) address and telephone number of the patient;

(d) patient's gender;

(e) known allergies or drug intolerances;

(f) chronic conditions;

(g) other prescription or non-prescription medications; and

(h) pharmacist comments relevant to the individual's drug therapy, including any other information peculiar to the specific patient or drug.

(2) A pharmacist shall review the patient record and complete a drug utilization review as defined in 37-7-101, MCA. Upon recognizing any potential therapeutic problems, the pharmacist shall take appropriate steps to avoid or resolve the problem which shall, if necessary, include consultation with the prescriber.

(3) A patient record shall be maintained for a period of not less than two years from the date of the last entry in the profile record. This record may be a hard copy or a computerized form.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-406, MCA
History: NEW, 1993 MAR p. 293, Eff. 2/26/93; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.902 Prospective Drug Review (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-406, MCA
History: NEW, 1993 MAR p. 293, Eff. 2/26/93; TRANS, from Commerce, 2002 MAR p. 904; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.903 Patient Counseling

(1) Upon receipt of a new, refill, or transfer prescription if deemed necessary by the pharmacist, each patient or caregiver, agent, or representative of the patient shall be offered the opportunity to discuss matters which will enhance or optimize drug therapy with the pharmacist. The discussion shall be in person, whenever practicable, or by telephone, and shall include appropriate elements of patient counseling. Pharmacy personnel may make the offer to counsel, but the pharmacist must personally conduct the counseling.

(2) Each pharmacy shall have at least one area that offers appropriate visual and auditory patient confidentiality for patient counseling.

(3) Alternative forms of patient information shall be used to supplement patient counseling when appropriate and when required. Examples include written information leaflets, pictogram labels, video programs, QR codes, etc. The pharmacy shall provide medication guides or confirm patient access to the medication guides and/or patient package inserts, comply with risk evaluation and mitigation strategies, and/or other labeling requirements as required by the U.S. Food and Drug Administration.

(4) Patient counseling, as described above and defined in this Act shall not be required for inpatients of a hospital or institution where other licensed health care professionals are authorized to administer the drug(s). Any pharmacist dispensing medication to be self-administered outside an institution shall comply with all patient counseling statutes and rules.

(5) A pharmacist shall not be required to counsel a patient or caregiver when the patient or caregiver refuses consultation. A record of the refusal shall be maintained.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-406, MCA
History: NEW, 1993 MAR p. 293, Eff. 2/26/93; AMD, 2000 MAR p. 2005, Eff. 7/28/00; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Subchapter 24.174.10 Out-of-State Mail Service Pharmacies

Mont. Admin. R. 24.174.1001 Licensure of Out-of-State Mail Order Pharmacies

(1) No out-of-state pharmacy shall ship, mail, or deliver prescription drugs and/or devices to a patient in this state unless licensed in the home-state location and by the Montana Board of Pharmacy.

(2) As conditions of licensure, the out-of-state mail order pharmacy must comply with the following:

(a) be a legal entity registered and in good standing with the Montana Secretary of State with a registered agent in Montana for service of process designated;

(b) be registered and in good standing with the National Association of Boards of Pharmacy Digital Pharmacy Accreditation program, if applicable and if eligible based on offering at least one interactive pharmacy practice component;

(d) supply upon request, all information needed by the Montana Board of Pharmacy to carry out the board's responsibilities under the statutes and regulations pertaining to out-of-state mail order pharmacies, including information on the use of pharmacy technicians;

(e) maintain pharmacy hours that permit the timely dispensing of drugs to Montana patients and provide reasonable access for the Montana patients to consult with a licensed pharmacist about such patients' medications; and

(f) provide toll-free telephone communication consultation between a Montana patient and a pharmacist at the pharmacy who has access to the patient's records, and ensure that the telephone number(s) will be placed upon the label affixed to each drug or device container or in the educational materials included with the product. A toll-free telephone number shall also be provided to the board to allow for compliance with all information requests by the board.

History

Authorizing statute(s): 37-7-712, MCA
Implementing statute(s): 37-7-703, MCA
History: NEW, 1994 MAR p. 571, Eff. 3/18/94; AMD, 1996 MAR p. 1297, Eff. 5/10/96; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1002 Conditions of Registration (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, 37-7-712, MCA
Implementing statute(s): 37-7-701, 37-7-702, 37-7-703, 37-7-704, 37-7-706, MCA
History: NEW, 1994 MAR p. 571, Eff. 3/18/94; AMD, 1996 MAR p. 1297, Eff. 5/10/96; AMD, 2001 MAR p. 783, Eff. 5/11/01; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2010 MAR p. 74, Eff. 1/15/10; REP, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1003 Identification of Pharmacist-in-Charge of Dispensing to Montana

(1) Each out-of-state mail order pharmacy that ships, mails, or delivers prescription drugs or devices and oversees the pharmacy services provided to patients in Montana shall identify a pharmacist-in-charge of dispensing prescriptions for shipment to Montana and oversee the pharmacy services provided. Each pharmacist so identified shall meet the following requirements:

(a) be licensed in good standing in the state in which the out-of-state mail order pharmacy is located;

(b) be properly listed on the application form prescribed by the board;

(d) notify the Montana board promptly in writing of any changes in the licensure status of the pharmacist-in-charge and any disciplinary actions initiated and/or finalized against the pharmacist's license.

(2) When the pharmacist-in-charge of an out-of-state mail order pharmacy ceases to be the pharmacist-in-charge, the pharmacist will be held responsible for notifying the board in writing of such termination of services.

(3) Within ten days of termination of services of the pharmacist-in-charge, a new pharmacist-in-charge must be designated in writing on the appropriate board-approved form and filed with the board.

History

Authorizing statute(s): 37-7-201, 37-7-712, MCA
Implementing statute(s): 37-7-101, 37-7-201, 37-7-703, MCA
History: NEW, 1994 MAR p. 571, Eff. 3/18/94; AMD, 1996 MAR p. 1297, Eff. 5/10/96; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2010 MAR p. 2968, Eff. 12/24/10; AMD, 2012 MAR p. 896, Eff. 4/27/12; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1004 Change in Location and Change in Ownership

(1) For a facility change in location requirements, see ARM 24.174.803.

(2) For a facility change in ownership requirements, see ARM 24.174.804.

History

Authorizing statute(s): 37-7-201, 37-7-712, MCA
Implementing statute(s): 37-7-701, 37-7-702, 37-7-703, 37-7-704, 37-7-706, MCA
History: NEW, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1005 Change in Ownership (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, 37-7-712, MCA
Implementing statute(s): 37-7-701, 37-7-702, 37-7-703, 37-7-704, 37-7-706, MCA
History: NEW, 2007 MAR p. 1936, Eff. 11/22/07; REP, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1007 Agent of Record

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-712, MCA
Implementing statute(s): 37-7-703, MCA
History: NEW, 1994 MAR p. 571, Eff. 3/18/94; AMD, 1996 MAR p. 1297, Eff. 5/10/96; TRANS, from Commerce, 2002 MAR p. 904; REP, 2010 MAR p. 74, Eff. 1/15/10.

Mont. Admin. R. 24.174.1008 Use of Pharmacy Technicians by Out-of-State Mail Service Pharmacies (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-712, MCA
Implementing statute(s): 37-7-703, MCA
History: NEW, 1994 MAR p. 571, Eff. 3/18/94; AMD, 1996 MAR p. 1297, Eff. 5/10/96; TRANS, from Commerce, 2002 MAR p. 904; REP, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1009 Compliance

(1) Each out-of-state mail order pharmacy shall comply with the following:

(a) all statutory and regulatory requirements of the state of Montana for controlled substances, including those that are different from federal law or regulation, unless compliance would violate the pharmacy drug laws or regulations of the state in which the pharmacy is located;

(b) all statutory and regulatory requirements of the state of Montana regarding drug product selection laws, unless compliance would violate the laws or regulations of the state in which the pharmacy is located;

(c) labeling of all prescriptions dispensed, to include but not be limited to identification of the product and quantity dispensed;

(d) all the statutory and regulatory requirements of the state of Montana for dispensing prescriptions in accordance with the quantities indicated by the prescriber, unless compliance would violate laws or regulations of the state in which the pharmacy is located.

History

Authorizing statute(s): 37-7-712, MCA
Implementing statute(s): 37-7-701, 37-7-703, MCA
History: NEW, 1994 MAR p. 571, Eff. 3/18/94; AMD, 1996 MAR p. 1297, Eff. 5/10/96; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1010 Disciplinary Action

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-712, MCA
Implementing statute(s): 37-7-703, 37-7-704, 37-7-711, MCA
History: NEW, 1994 MAR p. 571, Eff. 3/18/94; AMD, 1996 MAR p. 1297, Eff. 5/10/96; TRANS, from Commerce, 2002 MAR p. 904; REP, 2011 MAR p. 1148, Eff. 6/24/11.

Subchapter 24.174.11 Institutional Pharmacies

Mont. Admin. R. 24.174.1101 Personnel

(1) Each institutional pharmacy must be directed by a pharmacist-in-charge who is licensed to engage in the practice of pharmacy in Montana and who is responsible for the storage, compounding, repackaging, dispensing, and distribution of drugs within the facility. Depending upon the needs of the facility, pharmacy services may be provided on a full or part-time basis, with a mechanism for emergency service provided at all times. Contractual providers of pharmacy services shall meet the same requirements as pharmacies located within the institution.

(2) Licensed and provisionally licensed pharmacy technicians or technicians-in-training may be utilized pursuant to the written policies and procedures of the institutional pharmacy. Exemptions to established ratios as defined in ARM 24.174.711 may be granted with board approval.

(3) Personnel shall be provided with appropriate training before beginning to prepare both sterile and nonsterile compounded pharmaceuticals. The pharmacist-in-charge shall establish pharmacy policies and procedures for compliance with USP 795 and USP 797 for the initial and ongoing training and competency assessments of all personnel engaged in compounding, pursuant to ARM 24.174.841 and 24.174.843.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-307, MCA
History: NEW, 2002 MAR p. 3605, Eff. 12/27/02; AMD, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2026 MAR, Notice No. 2026-131, Eff. 9/26/26.

Mont. Admin. R. 24.174.1104 Institutional Pharmacist and Pharmacist-in-Charge Responsibility

(1) The pharmacy director/pharmacist-in-charge shall provide forapplicable policies and procedures to ensure:

(a) mechanisms for receiving and verifying drug orders from prescribers and evaluating them for safety and therapeutic appropriateness based on patient parameters and dosing guidelines;

(b) appropriate filling and proper labeling of all containers from which drugs are to be dispensed or administered on an inpatient or outpatient basis;

(c) a system for the admixture of parenteral products accomplished within the pharmacy, and verification that the facility's department of nursing willprovideeducation and training of nursing personnel regarding sterile technique, stability and compatibility of parenteral products not mixed within the pharmacy;

(d) appropriate clinical services and monitoring of outcomes, and the development of new areas of pharmaceutical care appropriate for that institution;

(e) a policy by which an offer is made to convey the discharge medication regimen to a patient's pharmacies;

(f) maintaining and distributing a list of emergency drugs, antidotes, and their doses throughout the institution;

(g) pharmacy participation in formulary development;

(h) participation in drug utilization review and monitoring of adverse drug reactionsand development of procedures to avoid problems identified;

(i) evaluation of reported medication errors and development of procedures to prevent those errors;

(j) proper acquisition and secure, temperature-controlledstorage of all prescription drugs;

(k) quality control of sterile and nonsterile pharmaceutical products, including procedures for identifying, removing and destroying outdated products;

(l) pharmacy safety and security;

(m) utilization of registered technicians or technicians in training;

(n) accurate distribution systems and secure,temperature-controlled storage of pharmaceutical products throughout the institution;

(o) unit-dosing of bulk pharmaceuticals, compounding and sterilization of drug products if applicable;

(p) the appropriate use, security and accountability of controlled substances;

(q) staff development and competency evaluation;

(r) maintenance of all required records; and

(s) compliance with all other requirements of the Montana Board of Pharmacy.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-307, 37-7-308, MCA
History: NEW, 2002 MAR p. 3605, Eff. 12/27/02.

Mont. Admin. R. 24.174.1107 Absence of Pharmacist in Institutional Settings

(1) During times that an institutional pharmacy does not have a pharmacist in attendance, arrangements must be made in advance by the pharmacist-in-charge for provision of drugs to the medical staff and other authorized personnel by use of night cabinets, floor stock and, in emergency circumstances, by access to the pharmacy. A mechanism for providers and nursing to obtain pharmacy consultation must be available at all times in accordance with ARM 24.174.1101.

(2) If night cabinets are used to store drugs in the absence of a pharmacist, they must be locked and sufficiently secure to deny access to unauthorized persons, and must be located outside of the pharmacy area. Contents of night cabinets must be prepackaged. Only specifically authorized personnel may obtain access by key or combination, pursuant to a valid prescription order. The pharmacist-in-charge shall, in conjunction with the appropriate committee of the facility, develop inventory listings of drugs included in these cabinets and determine who may have access.

(3) A complete verification audit of all inpatient orders and activity concerning the night cabinet or after-hours pharmacy entry must be conducted by a pharmacist, pharmacy technician, or other licensed designee of that pharmacist within 72 hours of the drugs having been removed from the night cabinet or pharmacy.

(4) Whenever any drug is not available from floor stock or night cabinets, and that drug is required to treat the immediate needs of a patient whose health would otherwise be jeopardized, the drug may be obtained from the pharmacy by an authorized registered nurse or licensed practical nurse in accordance with established policies and procedures. The responsible nurse shall be designated by the appropriate committee of the institutional facility.

(a) Removal of any drug from the pharmacy, floor stock, or night cabinet by an authorized nurse must be recorded on a suitable form showing the following information:

(i) patient name;

(ii) the patient's room number if applicable;

(iii) the name, strength, and quantity of drug removed;

(iv) the date and time the drug was removed;

(v) the signature of the nurse removing the drug; and

(vi) documentation of pharmacy review.

(b) in cases of medication not unit-dosed, the NDC number of the drug removed must also be recorded.

(5) The pharmacist-in-charge shall ensure that:

(a) written policies and procedures are established to implement the requirements of this rule;

(b) all drugs are properly labeled; and

(6) A copy of the original drug order with the NDC number or other identifying code of the drug(s) provided may be faxed to the pharmacist. If the patient is an inpatient, a patient profile containing the patient's name, location, allergies, current medication regimen, and relevant laboratory values must be reviewed by a pharmacist within 72 hours.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2002 MAR p. 3605, Eff. 12/27/02; AMD, 2006 MAR p. 1615, Eff. 6/23/06.

Mont. Admin. R. 24.174.1111 Drug Distribution and Control in an Institutional or Correctional Facility

(1) The pharmacist-in-charge shall establish written policies and procedures for the safe and efficient distribution of drugs and provision of pharmaceutical care, including the mechanism by which drug review will be accomplished and documented. A current copy of such procedures must be on hand for inspection by the Board of Pharmacy.

(2) Automated dispensing devices must be stocked with drugs only by or under the supervision of a registered pharmacist. At the time of removal of any drug, the device must automatically make an electronic record indicating the date of removal, the name, strength, and quantity of drug removed, name of the patient for whom the drug was ordered, and the name or other identification of the person removing the drug. These records must be maintained for a period of two years.

(3) Drugs or herbal/alternative food supplement products brought into an institutional facility by a patient must not be administered, unless they can be identified and their quality assured by a pharmacist and their use has been authorized by the attending physician. If such drugs are not to be administered, the pharmacist-in-charge shall develop policies and procedures for storing them for return to the patient upon discharge or transferring them to an adult member of the patient's immediate family.

(4) Investigational drugs must be stored in and dispensed from the pharmacy only pursuant to written policies and procedures.

(a) Complete information regarding these drugs and their disposition must be maintained in the facility prior to their initial dispensing.

(b) The drug monograph and a signed patient consent form must be obtained and made available in accordance with state and federal guidelines.

(5) A sample drug policy must be established if samples are used.

(6) The safe handling, storage, and administration of medications within jails, correctional facilities, and detention facilities without onsite pharmacies shall be regulated as follows:

(a) Jails, correctional facilities, and detention facilities must have written policies and procedures in place, written by the responsible practitioner or authority, for the safe handling, storage, and administration of medications. Such policies shall address security of medications, procurement, proper storage and disposal of medications, training for those administering medication, methods for documenting that medications were given or refused, procedures for confirming that the inmate has ingested each medication, and the disposition of medications at discharge. Medications brought by or with an inmate upon admission to the jail, correctional facility, or detention facility must not be used unless specifically authorized by a physician at the jail, correctional facility, or detention facility or that physician's designee, and medication identity has been confirmed by a licensed health care professional. Prescription medications brought by an inmate from outside must be recorded on the inmate property record. If they are not used while the patient is incarcerated, they must be stored in a secure area until the inmate's release.

(b) Patient medications may be transferred from one jail, correctional facility, or detention facility to another if there is a secure method for ensuring that individual inmate prescriptions are not tampered with between locations and that containers are properly labeled. During transfer, medications requiring storage at room temperature should be subjected to external temperatures no greater than 86 degrees Fahrenheit. A method of transferring refrigerated medications from one jail, correctional facility, or detention facility to another must be addressed in policy and procedure. Medications transferred pursuant to the above regulations, in control of the transferring official at all time, may continue to be used for that patient.

(c) Drug kits supplied and maintained by a registered pharmacy may be utilized if policies and procedures regulating their use are in place. Such drug kits will comply with the requirements of ARM 24.174.1114.

(d) The pharmacist-in-charge is responsible for policies and procedures for procurement, storage, and administration of prescription medications at jails, correctional facilities, and detention facilities without an on-site pharmacy.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-307, 37-7-308, 37-7-406, MCA
History: NEW, 2002 MAR p. 3605, Eff. 12/27/02; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2021 MAR p. 1671, Eff. 11/20/21.

Mont. Admin. R. 24.174.1112 Remote Medication Order Processing Services

(1) A hospital pharmacy may outsource medication order processing to another pharmacy provided the pharmacies have the same owner or the pharmacy has entered into a written contract or agreement with an outsourcing company that outlines the services to be provided and the responsibilities and accountabilities of each party to the contract or agreement in compliance with federal and state statutes and regulations.

(2) The hospital pharmacy must provide a copy of the contract or agreement to the board and receive approval from the board or its designee prior to initiation of remote order entry services.

(3) A hospital pharmacy utilizing remote order entry shall ensure that all pharmacists providing such services have been trained on the pharmacy's policies and procedures relating to medication order processing. The training of each pharmacist shall be documented. Such training shall include, but is not limited to, policies on drug and food allergy documentation, abbreviations, administration times, automatic stop orders, substitution, and formulary compliance. The pharmacy and the pharmacy/outsourcing company shall jointly develop a procedure to communicate changes in formulary and changes in policies and procedures related to medication order processing.

(4) A hospital pharmacy utilizing a remote order entry pharmacist shall maintain a record of the name and address of such pharmacist, evidence of current licensure in Montana, and the address of each location where the pharmacist will be providing remote order entry services.

(5) The director of pharmacy shall ensure that any remote order entry pharmacist shall have secure electronic access to the hospital pharmacy's patient information system and to other electronic systems that the on-site pharmacist has access to when the pharmacy is open.

(6) The remote order entry pharmacist must be able to contact the prescribing practitioner to discuss any concerns identified during the pharmacist's review of patient information and the drug order. A procedure must be in place to communicate any problems identified with the practitioner and the nursing staff providing direct patient care.

(7) Each remote entry record must comply with all recordkeeping requirements and shall identify by name or other unique identifier, the pharmacist involved in the review and verification of the drug order.

(8) A pharmacy utilizing remote order entry processing services is responsible for maintaining records of all orders entered into their information system, including orders entered from a remote location. The system shall have the ability to audit the activities of the individuals remotely processing medication orders.

(9) All records shall be readily available upon request by the board, its designee, or agent of the board for inspection, copying, or production.

(10) A pharmacy utilizing remote order entry processing services shall maintain a policy and procedure manual. A remote pharmacy/order processing company shall maintain a copy of those portions of the policy and procedure manual that relate to that pharmacy's operations. Each manual shall:

(a) outline the responsibilities of the pharmacy and the remote pharmacy/order processing company;

(b) include a list of the names, addresses, telephone numbers, and all license numbers of the pharmacies/pharmacists involved in remote order entry processing; and

(i) protecting the confidentiality and integrity of patient information;

(ii) maintaining appropriate records of each pharmacist involved in order processing;

(iii) complying with federal and state statutes and regulations;

(iv) annually reviewing the written policies and procedures and documentation of the annual review; and

(v) annually reviewing the competencies of pharmacists providing remote order entry processing services.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12.

Mont. Admin. R. 24.174.1114 Use of Drug Kits in Certain Institutional Facilities

(1) In an institutional facility, drugs may be provided for use by authorized personnel through drug kits prepared by the registered pharmacist providing pharmaceutical services to the facility. Such drug kits must meet all of the following requirements:

(a) a registered pharmacist shall prepare and seal the drug kit for a supplying pharmacy;

(b) the supplying pharmacy and the designated practitioner or appropriate committee of the institutional facility shall jointly determine the identity and quantity of drugs to be included in the drug kit;

(c) the drug kit must be locked and stored in a secure area to prevent unauthorized access and to ensure a proper storage environment for the drugs contained therein;

(d) all drugs in the drug kit must be properly labeled, including lot number and expiration date, and shall possess any additional information that may be required to prevent risk of harm to the patient;

(e) the exterior of the drug kit must be clearly labeled to indicate:

(i) expiration date of the drug kit. The expiration date of a drug kit must be the earliest date of expiration of any drug supplied in the drug kit. On or before the expiration date, the supplying pharmacy shall replace the expired drug;

(ii) the name, address, and telephone number of the supplying pharmacy; and

(iii) a statement indicating that the drug kit is to be used in situations only pursuant to a valid drug order;

(f) if a drug kit is being utilized for an emergency drug cart or crash cart in an inpatient setting, as defined in ARM 24.174.301(15):

(i) the pharmacist-in-charge must maintain policies and procedures for access to the cart; and

(ii) a pharmacist must review access to the cart within 72 hours of drug removal.

(2) Except as provided for in (1)(f), drugs shall be removed from drug kits in compliance with the following:

(a) by authorized licensed personnel pursuant to policies and procedures referenced in (4); and

(b) a pharmacist must:

(i) review the drug order prior to removal of a controlled substance; or

(ii) review the drug order within 72 hours of removal of a non-controlled substance.

(3) Removal of any drug from a drug kit by authorized personnel must be recorded in an electronic record or on a suitable form showing the following information:

(a) patient name;

(b) name, strength, and quantity of drug removed;

(d) signature of the authorized personnel removing the drug; and

(e) documentation of pharmacy review.

(4) The supplying pharmacy shall, in conjunction with the appropriate institutional committee, be responsible for development and annual review of policies and procedures for safe and appropriate use, access by authorized licensed personnel, restocking, and maintenance of drug kits.

(5) Documentation for all drugs that have been removed from the drug kit shall be kept at the institutional facility and at the supplying pharmacy for two years and be available upon inspection.

(6) The drug kit, policies and procedures, and related records shall be available upon inspection.

(7) The supplying pharmacy and appropriate designated practitioner of a licensed facility will provide adequate controls to prevent drug diversion.

(8) The supplying pharmacy shall submit to the board and have available for inspection:

(a) an application for a drug kit endorsement;

(b) a list of drug kit locations; and

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2002 MAR p. 3605, Eff. 12/27/02; AMD, 2010 MAR p. 74, Eff. 1/15/10; AMD, 2021 MAR p. 1671, Eff. 11/20/21.

Mont. Admin. R. 24.174.1115 Use of Contingency Kits in Certain Institutional Facilities

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2012 MAR p. 506, Eff. 3/9/12; AMD, 2015 MAR p. 302, Eff. 3/27/15; REP, 2021 MAR p. 1671, Eff. 11/20/21.

Mont. Admin. R. 24.174.1122 Outpatient Centers for Surgical Services

(1) The board shall annually register and inspect all outpatient centers for surgical services in Montana, regardless of pharmacy status.

(2) In an outpatient center for surgical services without an on-site pharmacy, drug distribution must be directed by a physician or consulting pharmacist licensed to practice in Montana and who is responsible for the security, storage, and distribution of drugs within the facility.

(3) The physician director or consulting pharmacist shall provide for applicable policies and procedures to ensure:

(a) proper acquisition and secure, temperature-controlled storage of all pharmaceuticals;

(b) security and accountability of controlled substances;

(c) quality control of sterile and nonsterile pharmaceutical products including procedures for identifying, removing, and destroying outdated products;

(d) evaluation of reported medication errors and development of procedures to prevent those errors;

(e) maintenance of all required records; and

(f) compliance with all requirements of the board.

(4) Ambulatory surgical centers that store and/or administer controlled substances shall register with the board and with the DEA, and shall comply with all applicable state, local, and DEA regulations.

History

Authorizing statute(s): 50-32-314, MCA
Implementing statute(s): 50-32-314, MCA
History: NEW, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2008 MAR p. 1151, Eff. 6/13/08.

Mont. Admin. R. 24.174.1141 Return of Medication from Long Term Care Facilities -- Donated Drug Program

(1) In facilities licensed by the Montana Department of Public Health and Human Services where United States pharmacopeia storage requirements are assured, unit-dosed legend drugs, with the exception of controlled substances, no longer needed by the patient for whom they were prescribed, may be transferred to a provisional permitted pharmacy for relabeling and dispensing free of charge to patients who are uninsured, indigent or have insufficient funds to obtain needed prescription drugs. Prescription medications may be dispensed pursuant to a valid prescription order. A usual and customary dispensing fee may be charged at the pharmacist's discretion.

(2) The pharmacist-in-charge of the provisional permitted pharmacy shall be responsible for determining the suitability of the legend drug for use. Medications must be unopened in sealed, unaltered unit dose containers that meet USP standards for light, moisture and air permeation. No product in which drug integrity cannot be assured shall be accepted for redispensing by the pharmacist.

(3) A redispensed prescription medication must be assigned the expiration date stated on the unit dose packaging. Medications packaged in unit dose form within a pharmacy must be given an expiration date of one year or actual date of expiration of the medication, whichever comes first, and must not be repackaged.

(4) No medication can be redistributed more than once.

(5) Only authorized personnel shall carry out the physical transfer of medication in either facility, pursuant to established policies and procedures.

(6) The patient's name and other identifying marks must be obliterated from packaging prior to transfer. The drug name, strength, lot number and expiration date must remain clearly visible on the packaging.

(7) An inventory list of drugs transferred, including expiration dates, must accompany the drugs, and must be maintained in the provisional permitted pharmacy for a period of two years.

(8) Policies and procedures to document safe storage and transfer of unneeded medications must be written and adhered to by the facilities involved, and must be available for inspection by an authorized representative of the Montana Board of Pharmacy or Department of Public Health and Human Services.

History

Authorizing statute(s): 37-7-201, 37-7-1401, MCA
Implementing statute(s): 37-7-201, 37-7-1401, 37-7-1402, MCA
History: NEW, 2002 MAR p. 3605, Eff. 12/27/02.

Subchapter 24.174.12 Wholesale Distributor and Supply Chain Licensing

Mont. Admin. R. 24.174.1201 Wholesale Distributor and Third-Party Logistics Provider Licensing

(1) Every person seeking licensure as a wholesale distributor or third-party logistics provide (3PL), as defined in 37-7-602, MCA, must be licensed annually by the board for the purposes of wholesale distribution, as defined in 37-7-602, MCA. The licensure requirement includes those engaged in wholesale distribution of drugs or prescription devices, reverse whole distribution, and medical gases. Each applicant shall:

(a) be a legal entity registered and in good standing with the Montana Secretary of State;

(b) file an application on a form prescribed by the board;

(d) meet the requirements of 37-7-604, MCA; and

(e) designate a person-in-charge of the facility and for purposes of meeting requirements of 37-7-611, MCA, regarding a criminal background check at time of initial licensure or any change in person-in-charge, complete the requirements included on a form prescribed by the board.

(i) The person-in-charge must notify the board of any changes or termination of services.

(ii) Within 30 days of termination of services, a new person-in-charge must be designated in writing on the appropriate board-approved forms and filed with the board.

(2) The board will independently verify the applicant's standing through the National Practitioner Data Bank (NPDB) and National Association of Boards of Pharmacy Clearinghouse.

(3) The license shall be posted in a conspicuous place in the wholesaler's place of business for which it is issued.

(4) No license may be issued to any applicant whose intended place of business is a personal residence.

(5) Wholesale distributors located in Montana, applying for initial licensure, shall pass an inspection by a pharmacy inspector or other agent of the Board of Pharmacy before a license is issued.

(6) A separate license is required for each separate location, in-state and/or out-of-state, where drugs or devices are stored and directly distributed to Montana.

(7) Licensees shall operate in compliance with applicable federal, state, and local laws and regulations. Licensees who distribute controlled substances shall be licensed by the board, to obtain an appropriate dangerous drug endorsement, and register with the DEA.

(8) Wholesale distributors shall submit proof of surety bond upon initial licensure and at time of renewal as identified on forms prescribed by the board in compliance with state and federal requirements.

History

Authorizing statute(s): 37-7-201, 37-7-610, MCA
Implementing statute(s): 37-7-603, 37-7-604, 37-7-605, 37-7-606, 37-7-611, 37-7-612, MCA
History: NEW, 1992 MAR p. 2135, Eff. 8/14/92; AMD, 1999 MAR p. 2438, Eff. 10/22/99; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2010 MAR p. 2968, Eff. 12/24/10; AMD, 2012 MAR p. 506, Eff. 3/9/12; AMD, 2022 MAR p. 1842, Eff. 9/24/22; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1202 Manufacturer and Repackager Licensing

(1) Every person seeking licensure as a manufacturer or repackager, for the purposes of wholesale distribution, as defined in 37-7-602, MCA, shall:

(a) be a legal entity registered and in good standing with the Montana Secretary of State;

(b) file an application on a form prescribed by the board;

(d) meet the requirements of 37-7-604, MCA; and

(e) designate a person-in-charge of the facility.

(i) The person-in-charge must notify the board of any changes or termination of services.

(ii) Within 30 days of termination of services, a new person-in-charge must be designated in writing on the appropriate board-approved forms and filed with the board.

(2) The board will independently verify the applicant's standing through the National Practitioner Data Bank (NPDB) and National Association of Boards of Pharmacy Clearinghouse.

(3) The license shall be posted in a conspicuous place in the place of business for which it is issued.

(4) No license may be issued to any applicant whose intended place of business is a personal residence.

(5) Applicants located in Montana, applying for initial licensure, shall pass an inspection by a pharmacy inspector or other agent of the Board of Pharmacy before a license is issued.

(6) A separate license is required for each separate location where drugs or devices are stored, repackaged, and/or directly distributed to Montana. For manufacturers, a license shall be issued to a facility meeting the requirements that is located in Montana.

(7) Licensees shall operate in compliance with applicable federal, state, and local laws and regulations. Licensees who distribute controlled substances shall be licensed by the board, obtain an appropriate dangerous drug endorsement, register with the DEA, and shall comply with all applicable state, local, and DEA regulations.

History

Authorizing statute(s): 37-7-201, 37-7-610, MCA
Implementing statute(s): 37-7-201, 37-7-604, 37-7-605, 37-7-610, MCA
History: NEW, 1992 MAR p. 2135, Eff. 8/14/92; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2012 MAR p. 896, Eff. 4/27/12; AMD, 2022 MAR p. 1842, Eff. 9/24/22; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1203 Personnel

(1) Each licensee under this subchapter shall require each person employed in any prescription drug wholesale activity to have sufficient education, training, and experience in any combination, sufficient for that person to:

(a) complete assigned work in a manner which maintains the quality, safety, and security of the drug or device products in accordance with Title 37, MCA;

(b) assume responsibility for compliance with the licensing requirements of Title 37, MCA.

History

Authorizing statute(s): 37-7-201, 37-7-610, MCA
Implementing statute(s): 37-7-604, 37-7-610, MCA
History: NEW, 1992 MAR p. 2135, Eff. 8/14/92; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2022 MAR p. 1842, Eff. 9/24/22.

Mont. Admin. R. 24.174.1204 Medical Gas Distributor

(1) Every person engaged in the manufacture or distribution of medical gases other than to the consuming public or a patient, in the state of Montana, shall be licensed by the board. Each applicant shall:

(a) if a medical gas manufacturer, provide proof of registration with the Food and Drug Administration (FDA) as a medical gas manufacturer, comply with all FDA requirements, and be licensed by the board as a manufacturer, pursuant to ARM 24.174.1203;

(b) if a medical gas distributor, be licensed by the board as a wholesale drug distributor;

(d) pay the appropriate endorsement application and annual renewal fees.

(2) The license with the medical gas distributor/manufacturer endorsement shall be posted in a conspicuous place in the licensee’s place of business for which it is issued to the wholesaler, manufacturer, or both if in the same location.

(3) A medical gas distributor or manufacturer shall establish and implement written procedures for maintaining records pertaining to medical gas production, processing, labeling, packaging, quality control, distribution, complaints, and any information required by federal or state law.

(a) Records shall be retained for at least two years after distribution or one year after the expiration date of the medical gas, whichever is longer.

(b) Records shall be readily available for review by the board, its inspector, or the FDA.

History

Authorizing statute(s): 37-1-134, 37-7-201, 37-7-610, MCA
Implementing statute(s): 37-7-604, 37-7-605, MCA
History: NEW, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1205 Medical Gas Supplier

(1) Every person engaged in dispensing medical gases, including associated medical gas supplies, to the consuming public, or to a patient or a patient's agent, in the state of Montana that is not a licensed pharmacy shall obtain a medical gas supplier endorsement. Each applicant shall:

(a) be licensed by the board as a wholesale drug distributor;

(b) file an application on a form prescribed by the board; and

(2) A licensee with a medical gas supplier endorsement shall post the license in a conspicuous place in the place of business for which it is issued.

(3) A medical gas supplier shall not:

(a) dispense prescription medications, except medical gases, without appropriate licensure as a pharmacy;

(b) manufacture or distribute medical gases without appropriate licensure and endorsement as a medical gas distributor;

(c) instruct patients regarding clinical use of equipment, or provide any monitoring, assessment, or other evaluation of therapeutic effects without appropriate licensure as a respiratory care practitioner; or

(d) dispense any device that requires a prescription for dispensing that is not a medical gas or medical gas supply, without licensure as a non-pharmacy device facility pursuant to ARM 24.174.2001 and 24.174.2002.

(4) A medical gas supplier shall dispense medical gas only pursuant to prescription order by an authorized prescriber.

(5) A medical gas supplier must label each medical gas container with the name, address, and telephone number of the supplier.

(6) A medical gas supplier shall establish and implement written procedures for maintaining records pertaining to the acquisition and dispensing of, and complaints related to, medical gases.

(7) Records shall be retained for at least three years, as required by the FDA, after dispensing to a patient or one year after the expiration date of the medical gas, whichever is longer.

(8) Records shall be readily available for inspection by the board.

History

Authorizing statute(s): 37-1-134, 37-7-201, 37-7-610, MCA
Implementing statute(s): 37-7-604, 37-7-605, MCA
History: NEW, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1206 Medical Gas Fee Schedule (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-7-201, 37-7-610, MCA
Implementing statute(s): 37-7-604, 37-7-605, MCA
History: NEW, 2007 MAR p. 1936, Eff. 11/22/07; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1207 Change in Location and Change in Ownership

(1) For change in facility location requirements, see ARM 24.174.803.

(2) For change in facility ownership requirements, see ARM 24.174.804.

History

Authorizing statute(s): 37-7-201, 37-7-610, MCA
Implementing statute(s): 37-7-604, 37-7-605, 37-7-610, MCA
History: NEW, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2022 MAR p. 1842, Eff. 9/24/22; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1208 Change in Ownership (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, 37-7-610, MCA
Implementing statute(s): 37-7-604, 37-7-605, 37-7-610, MCA
History: NEW, 2007 MAR p. 1936, Eff. 11/22/07; AMD, 2022 MAR p. 1842, Eff. 9/24/22; REP, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1211 Minimum Facililty Requirements

(1) All facilities licensed under this subchapter shall:

(a) establish, maintain, and adhere to written policies and procedures for receipt, recordkeeping, security, storage, inventory control, and distribution of drugs or devices;

(b) comply with state and federal law requirements including, but not limited to:

(i) 37-7-602, 37-7-604, 37-7-609, and 37-7-610, MCA; and

(ii) 21 CFR § 205 as established by the Food and Drug Administration (FDA); and

(2) Inventories and records shall be made available for inspection and photocopy by authorized federal, state, or local law enforcement agency officials for a period of two years following distribution of inventory.

(3) Records described in this subchapter that are kept at the inspection site or that can be immediately retrieved by computer or other electronic means shall be readily available for authorized inspection during the retention period. Records kept at central locations apart from the inspection site and not electronically retrievable shall be made available for inspection within two working days of a request by an authorized official of a federal, state, or local law enforcement agency.

History

Authorizing statute(s): 37-7-201, 37-7-610, MCA
Implementing statute(s): 37-7-604, 37-7-610, MCA
History: NEW, 1992 MAR p. 2135, Eff. 8/14/92; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2022 MAR p. 1842, Eff. 9/24/22.

Mont. Admin. R. 24.174.1212 Minimum Requirements for Establishment and Maintenance of Drug Distribution Records

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, 37-7-610, MCA
Implementing statute(s): 37-7-604, 37-7-609, MCA
History: NEW, 1992 MAR p. 2135, Eff. 8/14/92; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; REP, 2022 MAR p. 1842, Eff. 9/24/22.

Mont. Admin. R. 24.174.1213 National Clearinghouse for Wholesale Drug Distributor Licensing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, 37-7-610, MCA
Implementing statute(s): 37-7-604, 37-7-605, 37-7-606, 37-7-607, MCA
History: NEW, 1992 MAR p. 2135, Eff. 8/14/92; TRANS, from Commerce, 2002 MAR p. 904; REP, 2022 MAR p. 1842, Eff. 9/24/22.

Subchapter 24.174.13 Telepharmacy

Mont. Admin. R. 24.174.1302 Telepharmacy Operations

(1) A remote telepharmacy site shall be connected to its parent pharmacy via computer, video, and audio link.

(2) A site cannot be licensed as a remote telepharmacy site if it is located within a twenty-mile radius of an existing pharmacy.

(3) A remote telepharmacy site manned by a registered pharmacy technician shall access and use the parent pharmacy's central processing unit or common database.

(4) A remote telepharmacy site shall comply will all the requirements of pharmacy rules and statutes of Montana. The remote telepharmacy site is considered to be under the personal charge of the pharmacist at the parent pharmacy.

(a) The remote telepharmacy site must have a registered pharmacy technician present and a working computer, video, and audio link to a pharmacist at the parent pharmacy to have the prescription area open.

(b) The technician at the remote telepharmacy site must:

(i) be currently registered with the board;

(ii) be currently certified with the Pharmacy Technician Certification Board (PTCB), or Exam for the Certification of Pharmacy Technicians (ExCPT), or other board-approved certifying entity; and

(iii) have at least 500 hours experience as a pharmacy technician, technician-in-training, or experience deemed as equivalent by the board.

(c) The technician may unlock the prescription and storage areas. While the technician is on duty, the prescription area may remain open. Security standards for pharmacies shall be maintained at all times pursuant to ARM 24.174.814.

(d) The technician will be subject to all rules of ARM 24.174.701 through 24.174.714.

(e) All prescription records and consecutive prescription numbers must be maintained at the parent pharmacy or remote site. The remote telepharmacy site must transmit copies of new prescriptions via secure electronic means to the parent pharmacy, keeping the original prescription blank at the remote telepharmacy site.

(f) Prescriptions filled at the remote telepharmacy site must be distinguishable in some manner from those filled at the parent pharmacy.

(g) Daily reports for both the parent pharmacy and remote telepharmacy site must be maintained at the parent pharmacy or telepharmacy site.

(h) The remote telepharmacy site may have a prescription inventory. Prescription medications including controlled substances shall be securely maintained at the remote telepharmacy site in accordance with current Montana pharmacy statutes and rules.

(i) If controlled substances are dispensed or handled, both the remote telepharmacy site and the parent pharmacy must be registered with the DEA and must obtain individual DEA numbers.

(j) All records must be stored at the parent pharmacy or telepharmacy site, except those required by DEA to be at a DEA registered site.

(k) The software system utilized must be able to generate labels from the parent pharmacy or at the remote telepharmacy site.

(l) The input of drug information may be done by a pharmacist at the parent pharmacy or a technician at either location if verified by a pharmacist.

(m) New prescriptions may be received at the parent pharmacy and entered there with a label printing at the remote telepharmacy site.

(n) New prescriptions received at the remote telepharmacy site may be entered into the computer system at the remote telepharmacy site. The pharmacist at the parent pharmacy remains responsible for all verification, interaction checking, and profile review.

(o) All filled prescriptions must have a label meeting the requirements of ARM 24.174.511 attached to the final drug container before the pharmacist verifies the dispensing process.

(p) Unless the remote telepharmacy site is a remote telepharmacy dispensing machine site, a pharmacist shall compare via video link the stock bottle, drug dispensed, and strength. The entire label must be checked for accuracy on the video link.

(q) The computer, video, and audio link must be operational at all times. In the event of connectivity loss to the parent location, no new prescriptions may be processed, filled, or dispensed from the telepharmacy site until connectivity is reestablished. Refill prescriptions that have a final check by the pharmacist may be dispensed.

(r) A code containing both the pharmacist's and technician's initials must appear on the fill screen, patient profile, and prescription label.

(s) No prescription medication may be released to a patient until approved by a pharmacist in person or via the computer, video, and audio link.

(t) The pharmacist shall offer to counsel the patient or the patient's agent via video and/or audio link on all new prescriptions.

(u) When the technician is not present, dispensing and counseling via video and audio link may be done using a secure alternate delivery system with prior approval of the board.

(v) The license holder, agent of the parent pharmacy, or the pharmacist-in-charge of the parent pharmacy, or the pharmacist-in-charge of the remote site, if different from the parent pharmacist-in-charge, shall apply for a license for the remote telepharmacy site.

(w) As dispensing is considered to be done by the pharmacist, the pharmacist shall be responsible for and held accountable for dispensing at the remote telepharmacy site.

(x) Policies and procedures must be in place to ensure the safe and effective distribution of pharmaceutical products and delivery of required pharmaceutical care.

(y) The pharmacist at the parent pharmacy shall perform an ongoing analysis of incident reports and outcomes, with appropriate corrective action taken when necessary, to ensure patient safety.

(z) The pharmacist at the parent pharmacy or that person's designee shall conduct and complete monthly inspections of the remote telepharmacy site. Inspection criteria must be included in the policies and procedures for the site. The inspection report must be available for review at the next board inspection.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-101, 37-7-201, 37-7-321, MCA
History: NEW, 2006 MAR p. 1615, Eff. 6/23/06; AMD, 2010 MAR p. 2968, Eff. 12/24/10; AMD, 2012 MAR p. 896, Eff. 4/27/12.

Mont. Admin. R. 24.174.1303 Remote Telepharmacy Dispensing Machine Sites

(1) Remote telepharmacy dispensing machine sites contain prescription inventory which is secured in an automated dispensing device connected to the central processing unit at the parent pharmacy.

(2) A site cannot be licensed as a remote telepharmacy dispensing machine site if it is located within a ten mile radius of an existing pharmacy.

(3) A pharmacist must approve all outpatient prescriptions before they are dispensed, unless the prescription is directly dispensed by a person authorized to prescribe.

(4) All filled prescriptions must have a label that meets the requirements of ARM 24.174.511 attached to the final drug container.

(5) A licensed pharmacist at the parent site shall perform counseling and professional consultation via audio and video link as required by ARM 24.174.903, unless the prescription is directly dispensed by a person authorized to prescribe.

(6) Registered technicians involved in stocking and removal of prescription medications under this rule must have at least 80 hours of pretraining in bar coding technology. All requirements of ARM 24.174.701 through 24.174.714 will apply, excluding the technician certification requirement of ARM 24.174.702.

(7) Policies and procedures of the parent pharmacy and the remote telepharmacy dispensing machine site must address all aspects of the telepharmacy operation, including stocking procedures and removal of outdated prescription medications.

(8) The pharmacist at the parent pharmacy shall perform an ongoing analysis of incident reports and outcomes, with appropriate corrective action taken when necessary to ensure patient safety.

(9) The pharmacist-in-charge of the parent pharmacy or that person's designee shall conduct and complete monthly inspections of the remote telepharmacy dispensing machine site. Inspection criteria must be included in the policies and procedures for the site. The inspection reports must be available for review at the next board inspection.

(10) Remote telepharmacy dispensing machine sites must be licensed with the board by November 30 of each year, and will be subject to random inspection by board inspectors.

(11) This rule does not apply to institutional satellite pharmacies as defined in ARM 24.174.301.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-101, 37-7-201, 37-7-321, MCA
History: NEW, 2006 MAR p. 1615, Eff. 6/23/06.

Subchapter 24.174.14 Dangerous Drug Act

Mont. Admin. R. 24.174.1401 Requirements for Registration

(1) The board shall register a person to manufacture dangerous drugs (as defined in 50-32-101 , MCA) included in Schedules I through V upon the following conditions:

(a) applicant is registered for such purposes pursuant to the Federal Controlled Substances Act of 1970;

(b) the applicant has made proper application and has paid the applicable fee; and

(c) the category of manufacturer as above-stated shall include only those applicants who are engaged in the manufacturing of dangerous drugs within the state of Montana.

(2) The board shall register a person or entity to distribute dangerous drugs included in Schedules I through V under the following conditions:

(a) applicant is registered for such purpose pursuant to the Federal Controlled Substances Act of 1970;

(b) the applicant has made proper application and paid the applicable fee;

(c) the category of distributor as above-stated shall include any person or entity who distributes dangerous drugs or samples thereof within the state of Montana and may include a manufacturer not otherwise required to be registered if such manufacturer also distributes dangerous drugs or samples thereof within the state of Montana; and

(d) representatives of drug manufacturers who distribute controlled substance samples to licensed practitioners shall be exempt from the requirement of registration.

(3) The board shall register a person to analyze or conduct research with narcotic dangerous drugs in Schedules II through V upon making proper application and paying the applicable fee.

(4) The board shall register a person to analyze or conduct research with dangerous drugs in Schedule I, if:

(a) the applicant is a practitioner licensed under the laws of this state;

(b) the applicant has furnished the board evidence of registration for such purpose pursuant to the Federal Controlled Substances Act of 1970;

(c) the applicant has furnished the board a complete resume of all research proposed relative to any dangerous drugs. Such resume must be a duplicate of an application submitted to the DEA; and

(d) the applicant has made proper application and paid the applicable fee.

History

Authorizing statute(s): 50-32-103, MCA
Implementing statute(s): 50-32-306, 50-32-308, MCA
History: NEW, Eff. 8/4/74; AMD, Eff. 2/4/75; AMD, Eff. 12/5/75; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06.

Mont. Admin. R. 24.174.1402 Renewals

(1) All applications for registration shall be made on forms provided by the board and shall be filed with the board.

(2) Renewal notices will be sent as specified in ARM 24.101.414.

(3) The provisions of ARM 24.101.408 apply.

(4) The registrant shall prominently display the certificate of registration to be visible to the public.

History

Authorizing statute(s): 50-32-103, MCA
Implementing statute(s): 37-1-141, 50-32-301, MCA
History: NEW, Eff. 8/4/74; AMD, Eff. 2/4/75; AMD, Eff. 12/5/75; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 1999 MAR p. 2438, Eff. 10/22/99; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1583, Eff. 7/1/06.

Mont. Admin. R. 24.174.1403 Application Forms

(1) If any person is required to be registered and is not so registered and is applying for registration to manufacture or distribute dangerous drugs in Schedules I through V, the person shall apply on a form prescribed by the board.

(2) If any person is required to be registered and is not so registered and is applying for registration to dispense dangerous drugs in Schedules II through V, the person shall apply on a form prescribed by the board.

(3) If any person is required to be registered and is not so registered and is applying for registration to analyze or conduct research with dangerous drugs in Schedules I through V, the person shall apply on a form prescribed by the board.

(4) Any licensee applying for renewal of registration to manufacture or distribute dangerous drugs in Schedules I through V, the licensee shall apply on a form prescribed by the board.

(5) Any licensee applying for renewal to dispense dangerous drugs in Schedules II through V, the licensee shall apply on a form prescribed by the board.

History

Authorizing statute(s): 50-32-103, MCA
Implementing statute(s): 50-32-306, 50-32-308, MCA
History: NEW, Eff. 8/4/74; AMD, Eff. 2/4/75; AMD, Eff. 12/5/75; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904.

Mont. Admin. R. 24.174.1404 Required Records

(1) As used in this subchapter, the term "records" means:

(a) those records and inventories maintained by persons registered to manufacture, distribute, analyze or dispense dangerous drugs or samples thereof in conformance with record keeping and inventory requirements of federal statute and regulation, (21 CFR 304) , and as they may be amended from time-to-time.

(2) Manufacturers and distributors shall be required to keep such records as are required by federal statutes and regulations, (21 CFR 304) , and as they may be amended from time-to-time.

(3) Separate records required:

(a) registrants' inventories and records of dangerous drugs listed in Schedules I and II shall be maintained separately from all records of the registrant; and

(b) registrants' inventories and records of dangerous drugs listed in Schedules III through V shall be maintained according to federal statutes and regulations as they may be amended from time-to-time.

History

Authorizing statute(s): 50-32-103, MCA
Implementing statute(s): 50-32-309, MCA
History: NEW, Eff. 8/4/74; AMD, Eff. 2/4/75; AMD, Eff. 12/5/75; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 3103, Eff. 11/20/98; TRANS, from Commerce, 2002 MAR p. 904.

Mont. Admin. R. 24.174.1411 Security Requirements

(1) All applicants and registrants shall establish and maintain effective written controls and procedures to guard against theft and diversion of dangerous drugs into other than legitimate medical, scientific or industrial channels.

(2) The registrant shall not employ as an agent or employee any person who has access to dangerous drugs, who has had a federal or state application for registration denied or his registration revoked at any time, or has been convicted of a felony offense under any state or federal law relating to dangerous drugs or convicted of any other felony.

(3) The registrant shall notify the Board of Pharmacy in writing by forwarding a copy of the applicable DEA form reporting the theft or loss of any dangerous drugs upon discovery of such theft or loss. The notification shall contain a list of all dangerous drugs stolen or lost.

(4) The registrant shall notify law enforcement officials of any theft or loss of any dangerous drug promptly upon discovery of such theft or loss.

History

Authorizing statute(s): 50-32-103, MCA
Implementing statute(s): 50-32-106, MCA
History: NEW, Eff. 8/4/74; AMD, Eff. 2/4/75; AMD, Eff. 12/5/75; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2002 MAR p. 3605, Eff. 12/27/02.

Mont. Admin. R. 24.174.1412 Additions, Deletions, and Rescheduling of Dangerous Drugs

(1) In addition to those dangerous drugs scheduled in 50-32-222, 50-32-224, 50-32-226, 50-32-229, and 50-32-232, MCA, the board adds the following to dangerous drug schedules after considering federal regulations and/or the criteria enumerated in Title 50, chapter 32, part 2, MCA:

(a) Schedule I:

(i) none at this time;

(b) Schedule II:

(i) none at this time;

(d) Schedule IV: none at this time;

(e) Schedule V: none at this time.

(2) The board deletes the following dangerous drugs from the schedules in 50-32-222, 50-32-224, 50-32-226, 50-32-229, and 50-32-232, MCA, after considering federal regulations and/or the criteria enumerated in Title 50, chapter 32, part 2, MCA:

(a) Schedule I:

(i) none at this time;

(b) Schedule II:

(i) none at this time;

(d) Schedule IV:

(i) none at this time;

(e) Schedule V: none at this time.

(3) After considering federal regulations and/or the criteria enumerated in Title 50, chapter 32, part 2, MCA, the board reschedules the following dangerous drugs from those scheduled in 50-32-222, 50-32-224, 50-32-226, 50-32-229, and 50-32-232, MCA:

(a) Schedule I:

(i) none at this time;

(b) Schedule II:

(i) none at this time;

(d) Schedule IV:

(i) none at this time;

(e) Schedule V:

(i) none at this time.

History

Authorizing statute(s): 50-32-103, 50-32-203, MCA
Implementing statute(s): 50-32-103, 50-32-202, 50-32-203, 50-32-209, 50-32-222, 50-32-223, 50-32-224, 50-32-225, 50-32-226, 50-32-228, 50-32-229, 50-32-231, 50-32-232, MCA
History: NEW, Eff. 9/16/71; EMERG, AMD, Eff. 5/5/74; AMD, Eff. 9/4/75; AMD, Eff. 2/5/76; AMD, Eff. 3/7/76; AMD, Eff. 4/5/76; AMD, Eff. 9/5/76; AMD, 1978 MAR p. 393, Eff. 3/25/78; AMD, 1978 MAR p. 1740, Eff. 12/29/78; AMD, 1979 MAR p. 199, Eff. 3/1/79; AMD, 1980 MAR p. 1720, Eff. 6/27/80; AMD, 1981 MAR p. 625, Eff. 6/26/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1984 MAR p. 1567, Eff. 10/26/84; AMD, 1985 MAR p. 1017, Eff. 7/16/85; AMD, 1986 MAR p. 1957, Eff. 11/29/86; AMD, 1988 MAR p. 271, Eff. 2/12/88; AMD, 1989 MAR p. 1193, Eff. 8/18/89; AMD, 1995 MAR p. 2689, Eff. 12/8/95; AMD, 1999 MAR p. 344, Eff. 11/20/98; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2010 MAR p. 2968, Eff. 12/24/10; AMD, 2015 MAR p. 1491, Eff. 9/25/15; AMD, 2021 MAR p. 1671, Eff. 11/20/21; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1420 Schedule I Dangerous Drugs

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-32-103, MCA
Implementing statute(s): 50-32-103, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2015 MAR p. 1491, Eff. 9/25/15.

Mont. Admin. R. 24.174.1421 Schedule Ii Dangerous Drugs

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-32-103, MCA
Implementing statute(s): 50-32-103, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2015 MAR p. 1491, Eff. 9/25/15.

Mont. Admin. R. 24.174.1422 Schedule Iii Dangerous Drugs

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-32-103, MCA
Implementing statute(s): 50-32-103, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2015 MAR p. 1491, Eff. 9/25/15.

Mont. Admin. R. 24.174.1423 Schedule Iv Dangerous Drugs

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-32-103, MCA
Implementing statute(s): 50-32-103, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2015 MAR p. 1491, Eff. 9/25/15.

Mont. Admin. R. 24.174.1424 Schedule V Dangerous Drugs

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-32-103, MCA
Implementing statute(s): 50-32-103, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2015 MAR p. 1491, Eff. 9/25/15.

Subchapter 24.174.15 Cancer Drug Repository

Mont. Admin. R. 24.174.1501 Participation and Registration

(1) A pharmacy or facility may fully participate in the cancer drug repository program by accepting, storing and dispensing, or administering donated drugs and supplies, or may limit its participation to only accepting and storing donated drugs and supplies. If a pharmacy or facility chooses to limit its participation, the pharmacy or facility shall distribute any donated drugs to a fully participating repository.

(2) Any patient who is diagnosed with cancer is eligible to receive drugs or supplies under the cancer drug repository program.

(3) The program is voluntary, and any pharmacy or facility must notify the board of their interest in participating in the program.

(4) There is no limitation on the number of doses that can be donated to the program as long as the donated drugs meet the requirements of these regulations.

(5) Any person or entity (donor) may donate cancer drugs to the program. The donor must contact a pharmacy or facility to obtain a form on which the donor must specify the drug(s) to be donated. The board will supply the form to be used which will include the provisions of 37-7-1405, MCA, and the:

(a) name and quantity of the drug; and

(b) name of the person the drug was originally prescribed, their relationship with the donor, the signature of the donor, and the date the form was signed.

(6) The board may inspect a pharmacy or facility participating in the program for compliance with the storage and record-keeping requirements. The board may terminate participation in the program for noncompliance.

(7) The board shall establish and maintain a list of any pharmacy or facility participating in the program by issuing an endorsement on the license at no cost. The endorsement application information must include the entity's name, address, telephone number, and if it is a practitioner's office, pharmacy, clinic, or hospital, in compliance with 37-7-1403, MCA. The pharmacy or facility must notify the board of any changes to their registration information, including when they stop participating in the program.

(8) The board will make the pharmacy or facility registry information available to any person or entity wishing to donate cancer drugs to the program, and will make the information available on the board webpage or by contacting the board office.

History

Authorizing statute(s): 37-7-1401, MCA
Implementing statute(s): 37-7-1401, 37-7-1403, 37-7-1405, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1502 Donation of Cancer Drugs (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-1401, MCA
Implementing statute(s): 37-7-1401, 37-7-1403, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1503 Acceptable and Nonacceptable Cancer Drugs

(1) The following categories of cancer drugs are acceptable for dispensing or distribution under the program, if in compliance with 37-7-1404, MCA, the cancer drug:

(a) is in its original, unopened, sealed, and tamper-evident packaging;

(b) is packaged in single unit doses if the outside packaging is opened, but the single unit dose packaging is unopened; and

(2) Any cancer drug donated to the program cannot be used past its expiration date.

(3) The following categories of cancer drugs are not acceptable for dispensing or distribution under the program, because the effectiveness and safety of the cancer drugs cannot be ensured or is otherwise prohibited if the cancer drugs:

(a) are adulterated or misbranded;

(b) do not comply with the requirements in (1);

(d) have expired before dispensing to the patient.

History

Authorizing statute(s): 37-7-1401, MCA
Implementing statute(s): 37-7-1401, 37-7-1404, 37-7-1405, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; AMD, 2012 MAR p. 896, Eff. 4/27/12; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1504 Nonacceptable Cancer Drugs (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-1401, MCA
Implementing statute(s): 37-7-1401, 37-7-1404, 37-7-1405, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1505 Dispensing and Distribution of Cancer Drugs

(1) A pharmacy or facility must comply with all applicable provisions of state and federal law relating to the storage, distribution, and dispensing of donated cancer drugs.

(2) Cancer drugs may only be dispensed pursuant to a prescription issued by a prescribing practitioner. Cancer drugs may be:

(a) dispensed to a cancer drug patient or to a patient's agent or caregiver; or

(b) distributed to another pharmacy or facility for dispensing.

(3) Cancer drugs donated under the program may not be resold.

(4) Patients for whom cancer drugs are dispensed under the program must be notified by the prescribing practitioner or dispensing pharmacy that the cancer drugs they received were originally dispensed to another patient and were returned for redispensing through the program.

History

Authorizing statute(s): 37-7-1401, MCA
Implementing statute(s): 37-7-1401, 37-7-1405, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1506 Storage and Record-Keeping Requirements

(1) The pharmacy or facility that receives donated cancer drugs for dispensing or distribution must:

(a) ensure the proper and secure storage of cancer drugs donated to the program; and

(b) maintain the inventory of donated cancer drugs separate from all other drug inventory of the pharmacy or facility.

(2) A pharmacy or facility must maintain a perpetual inventory log book of all donated cancer drugs received, dispensed, or distributed that must include the information outlined in 37-7-1405, MCA, including:

(a) name, quantity, expiration date, dosage form, and lot number;

(b) name of pharmacy or facility;

(d) name of the person to whom the cancer drug was dispensed and date dispensed;

(e) name of the prescribing practitioner who wrote the prescription for the cancer drug to be dispensed under the program;

(f) name of the pharmacy or facility which the cancer drug was distributed and date distributed;

(g) date of destruction of the expired cancer drug; and

(h) the amount of the handling fee charged, if any.

History

Authorizing statute(s): 37-7-1401, MCA
Implementing statute(s): 37-7-1401, 37-7-1404, 37-7-1405, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1507 Record-Keeping Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-1401, MCA
Implementing statute(s): 37-7-1401, 37-7-1405, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1508 Handling Fee (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-1401, MCA
Implementing statute(s): 37-7-1401, 37-7-1405, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1509 Pharmacy or Facility Registry (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-1401, MCA
Implementing statute(s): 37-7-1401, 37-7-1403, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1510 Inspections and Termination from Program (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-1401, MCA
Implementing statute(s): 37-7-1401, MCA
History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Subchapter 24.174.16 Professional Assistance Program

Mont. Admin. R. 24.174.1601 Medical Assistance Program Purpose (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1602 Reporting of Suspected Impairment (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1603 Protocol for Self-Reporting to a Professional Assistance Program

(1) If a licensee or license applicant chooses to self-report to the assistance program, and the program has determined that the licensee or license applicant needs assistance or supervision, the licensee or license applicant shall be required to:

(a) enter into a contractual agreement with the medical assistance program for the specified length of time determined by the medical assistance program; and

(b) abide by all the requirements set forth by the medical assistance program.

(2) Self-reporting by a licensee or license applicant may still result in disciplinary action by the board if:

(a) the medical assistance program determines that the self-reporting licensee or license applicant poses a danger to themselves or to the public;

(b) the licensee or license applicant is noncompliant with a contractual agreement with the medical assistance program;

(c) the licensee or license applicant has not completed evaluation, treatment, or aftercare monitoring as recommended by the medical assistance program; or

(d) the screening panel otherwise determines that disciplinary action is warranted.

(3) The program shall notify and disclose to the board the identity of a new license applicant who is determined by the program to have significant impairment issues.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1604 Responsibilities of Professional Assistance Program

(1) The professional assistance program established by the board as set forth in 37-7-201, MCA, shall:

(a) provide two tracks for assistance of licensees:

(i) a disciplinary track; and

(ii) a nondisciplinary track;

(b) provide recommendations to licensees or license applicants for appropriate evaluation and treatment facilities;

(c) recommend terms and conditions of treatment, rehabilitation, and monitoring of licensees or license applicants known to the board; and

(d) monitoring all aftercare of participants under contract to ensure public safety and compliance with agreed treatment recommendations propounded by one or more of the following:

(i) the board, through stipulations and/or final orders;

(ii) treatment centers; or

(iii) the medical assistance program established by the board.

(e) report to the board the discharge of a participant, and if applicable, provide to the board:

(i) verification of the participant's satisfactory completion of monitoring and program requirements as appropriate for public safety;

(ii) verification of the participant's completion of board final order terms and conditions with recommendation of the program for discharge; and/or

(iii) notification that the participant is transferring to another jurisdiction.

(2) The medical assistance program shall consult with the board regarding medical assistance program processes and procedures to ensure program responsibilities are met, consistent with board orders, requests, and contract terms.

(3) The medical assistance program shall provide information to and consult with the board upon the board's request.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1605 Protocol for Disciplinary Track

(1) All licensees who participate in the assistance program under the disciplinary track shall be reported to the board by name.

(2) A licensee or license applicant is placed in the disciplinary track by one or more of the following:

(a) as a condition of licensure imposed by a board final order;

(b) as a result of a sanction imposed by a board final order.

(3) The program shall also report licensees who have discharged from the program.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1606 Protocol for Nondisciplinary Track

(1) A licensee or license applicant who participates in the medical assistance program under the nondisciplinary track shall be reported to the board by participant number.

(2) The identity of the participant who is noncompliant or refuses a reasonable request by the medical assistance program shall be reported to the board.

(3) If the board determines that a participant does not abide by all terms and conditions of the medical assistance program, the participant will be referred to the screening panel of the board for appropriate action under the disciplinary track.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1607 Reporting to the Board (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1608 Participant Discharge Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1609 Relapse Reporting (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-7-201, MCA
Implementing statute(s): 37-1-131, 37-7-201, MCA
History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Subchapter 24.174.17 Prescription Drug Registry

Mont. Admin. R. 24.174.1701 Definitions

(1) "Authorized user" means a prescriber, pharmacist, Board of Pharmacy staff, Montana Medicare or Medicaid programs, Tribal Health, Indian Health Service, and Veterans Affairs.

(2) "Authorized agent" means a designated person authorized access by an authorized user. An authorized agent for a pharmacist must be a pharmacy intern or certified pharmacy technician.

History

Authorizing statute(s): 37-7-1512, MCA
Implementing statute(s): 37-7-1512, MCA
History: NEW, 2012 MAR p. 506, Eff. 3/9/12.

Mont. Admin. R. 24.174.1702 Requirements for Submitting Prescription Registry Information to the Board

(1) All prescription information for controlled substances shall be submitted to the board pursuant to this subchapter.

(2) Each facility licensed by the board as a community pharmacy or as an out-of-state mail service pharmacy that dispenses to patients in Montana shall provide controlled substances dispensing information or zero report by no later than the close of the next business day to the board as outlined in the Montana Prescription Drug Registry (MPDR) Data Submission Guide available on the Board of Pharmacy's MPDR website at www.mpdr.mt.gov.

(3) Each facility licensed by the board as an institutional pharmacy shall provide controlled substance dispensing information if they dispense controlled substances in an outpatient, discharge, starter packet, or other related capacity in which the controlled substance(s) leaves their premises. Institutional pharmacies are not required to submit zero reports.

(4) Controlled substance dispensing information reported to the MPDR must include the following:

(a) pharmacy name, address, telephone number, and drug enforcement administration number;

(b) full name, address, telephone number, gender, species code, and date of birth for whom the prescription was written;

(d) date the prescription was issued by the prescriber;

(e) date the prescription was filled and sold by the pharmacy;

(f) number of refills;

(g) indication of whether the prescription dispensed is new or a refill;

(h) name, national drug code number, strength, quantity, dosage form, and days' supply of the actual drug dispensed;

(i) number assigned to the prescription; and

(j) source of payment for the prescription that indicates one of the following:

(i) cash;

(ii) insurance; or

(iii) government subsidy.

(5) All prescription information submitted to the board must be transmitted in the format specified by the American Society for Automation in Pharmacy (ASAP), version 4.2A, dated 2016, at a minimum, which is adopted and incorporated by reference. ASAP 4.2A specifications are available in the MPDR Data Submission Guide available at the board's MPDR website at www.mpdr.mt.gov.

(a) The acceptable methods of electronic reporting are Secure File Transfer Protocol (SFTP), file upload, and manual data entry of prescription information via the secure web-based interface provided by the system vendor maintained by the board.

(6) In the event that a pharmacy cannot submit the required information as described in this rule, the pharmacy must timely notify the board on or before the date the submission is due. Upon notification, the board may grant an extension, at their discretion.

(7) It is the responsibility of the submitting pharmacy to address any errors or questions about information that the pharmacy has submitted to the prescription drug registry and resubmit corrected data within seven days after the date of notification of the error.

(8) A pharmacy that does not dispense controlled substances may notify the board by submitting an appropriate board-approved form attesting that the pharmacy does not dispense controlled substances to Montana patients. A pharmacy is not exempt from reporting requirements until it receives approval from the board.

(a) The board-approved form submitted by a pharmacy that does not dispense controlled substances shall be maintained on file with the board.

(b) A pharmacy's exempt status does not expire unless the pharmacy is issued a new license number or the pharmacy dispenses a controlled substance.

History

Authorizing statute(s): 37-7-1512, MCA
Implementing statute(s): 37-7-1502, 37-7-1503, 37-7-1512, 37-7-1513, MCA
History: NEW, 2012 MAR p. 506, Eff. 3/9/12; AMD, 2022 MAR p. 1842, Eff. 9/24/22; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1703 Electronic Format Required for the Transmission of Information (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-1512, MCA
Implementing statute(s): 37-7-1503, 37-7-1512, MCA
History: NEW, 2012 MAR p. 506, Eff. 3/9/12; AMD, 2022 MAR p. 1842, Eff. 9/24/22; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1704 Requirements for Submitting Prescription Registry Information to the Board (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-1512, MCA
Implementing statute(s): 37-7-1503, 37-7-1512, MCA
History: NEW, 2012 MAR p. 506, Eff. 3/9/12; AMD, 2015 MAR p. 302, Eff. 3/27/15; AMD, 2018 MAR p. 1825, Eff. 9/8/18; AMD, 2022 MAR p. 1842, Eff. 9/24/22; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1705 Failure to Report Prescription Information (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-7-1512, MCA
Implementing statute(s): 37-1-312, 37-7-1513, MCA
History: NEW, 2012 MAR p. 506, Eff. 3/9/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1706 Registry Information Review and Unsolicited Patient Profiles

(1) The board or their designee(s) may review and compile information contained in the registry to identify evidence of possible misuse or diversion of controlled substances.

(2) Registered prescribers and pharmacists will be notified electronically, through vendor functionality, of instances of possible misuse or diversion for patients under their care

(3) The following factors are suggestive, but not conclusive evidence of misuse or diversion:

(a) four or more prescribers in a 60-day period; or

(b) four or more pharmacies in a 60-day period.

History

Authorizing statute(s): 37-7-1512, MCA
Implementing statute(s): 37-7-1502, 37-7-1504, MCA
History: NEW, 2012 MAR p. 506, Eff. 3/9/12; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1708 Access to Prescription Drug Registry Information

(1) The following persons may have direct online access to prescription drug registry information:

(a) licensed practitioners having authority to prescribe prescription drugs, or that practitioner's authorized agent, for the purpose of providing medical and/or pharmaceutical care for their patients, or for patients referred for medical care and/or pharmaceutical care;

(b) licensed pharmacists authorized to dispense prescription drugs, or that pharmacist's authorized agent, for the purpose of providing pharmaceutical care for their patients or for patients referred for care;

(c) designated representatives from the Montana Medicare or Medicaid programs, Tribal Health, Indian Health Service, and Veterans Affairs regarding program recipients;

(d) board staff for administrative and compliance purposes; and

(e) any vendor or contractor establishing or maintaining the prescription drug registry.

(2) To access registry information, each user must first complete the registration form, terms of use or equivalent agreement, and confidentiality agreement provided by the board. The board will provide educational material about the MPDR program online at www.mpdr.mt.gov.

(3) Access for user is restricted:

(a) in the case of a licensed practitioner having authority to prescribe prescription drugs, or that practitioner's authorized agent, to:

(i) the practitioner's own prescribing information; or

(ii) prescription records for a patient of the practitioner to whom the practitioner is providing or considering providing medical and/or pharmaceutical care;

(b) in the case of a licensed pharmacist, or that pharmacist's authorized agent, to prescription records for a patient for whom the pharmacist is providing pharmaceutical care, dispensing, or considering dispensing a prescription;

(c) in the case of a designated representative of the Montana Medicare or Medicaid programs, Tribal Health, Indian Health Service, and Veterans Affairs, to prescription records related to a participant in the program;

(d) in the case of authorized representatives of the board, to:

(i) that necessary to respond to legitimate inquiries; or

(ii) that necessary for legitimate inquiries under ARM 24.174.1706;

(e) in the case of an authorized vendor or contractor, to technical work necessary to establish or maintain the prescription drug registry databank.

(4) For each user:

(a) information accessed from the prescription drug registry must be kept confidential;

(b) information accessed from the prescription drug registry must not be disclosed to any unauthorized person; and

(c) user account information, login names, and passwords must not be shared with any person, regardless of whether that person is also an authorized user of the prescription drug registry.

(5) Prior to granting access to the registry, the board shall verify that the applicant is licensed to prescribe or dispense prescription drugs, or in the case of an agency applicant, the board shall verify that the applicant is the designated representative of the Montana Medicare or Medicaid programs, Tribal Health, Indian Health Service, or Veterans Affairs.

(6) Upon verification of all requirements, the board shall issue the appropriate information necessary for online access to the prescription drug registry.

(7) Upon notification that an authorized user no longer possesses authority to prescribe, dispense, or represent Medicare or Medicaid programs, Tribal Health, Indian Health Services, Veterans Affairs, or the board, the board shall terminate the user's access to the prescription drug information.

(8) Persons authorized in 37-7-1506(1)(d) and (e), MCA, to obtain information from the prescription drug registry must apply for that information by:

(a) completing the registration form, terms of use or equivalent agreement, and confidentiality agreement provided by the board and provide appropriate credentialing; or

(b) serving upon the board or its designee, an investigative subpoena directing the board to release a profile to the county coroner or a peace officer employed by a federal, state, tribal, or local law enforcement agency.

(9) Individual patients may request their own prescription registry information from the board or their provider. If requesting from the board, the requester shall complete and return the form provided by the board. A copy of the information will be provided at no charge to the individual.

(10) If the prescription drug registry receives evidence of inappropriate or unlawful use or disclosure of prescription registry information by an authorized user, the board shall file a complaint with the user's licensing board.

History

Authorizing statute(s): 37-7-1506, 37-7-1512, MCA
Implementing statute(s): 37-7-1506, 37-7-1512, MCA
History: NEW, 2012 MAR p. 506, Eff. 3/9/12; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1709 Registry Information Retention

(1) Patient information contained in the registry shall be destroyed three years after the original date of submission of the information to the registry.

(2) Pursuant to 37-7-1508, MCA, a government entity or law enforcement agency may request that specific information in the registry, related to an open investigation, be retained beyond the three-year destruction requirement by submitting a request to the board.

History

Authorizing statute(s): 37-7-1512, MCA
Implementing statute(s): 37-7-1508, MCA
History: NEW, 2012 MAR p. 506, Eff. 3/9/12; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1711 Advisory Group

(1) The board shall establish a prescription drug registry advisory group, to provide information and recommendations about the development, operation, enhancement, and clinical application of the prescription drug registry.

History

Authorizing statute(s): 37-7-1510, 37-7-1512, MCA
Implementing statute(s): 37-7-1510, MCA
History: NEW, 2012 MAR p. 506, Eff. 3/9/12; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1712 Prescription Drug Registry Fee

(1) Every person licensed under Title 37, MCA, to prescribe or dispense prescription drugs shall pay a fee to the board for the purpose of establishing and maintaining the prescription drug registry.

(2) The fee is considered a renewal fee and shall be collected by the department when the license is renewed.

(3) The annual prescription drug registry fee is $30.

History

Authorizing statute(s): 37-1-134, 37-7-1511, 37-7-1512, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-7-1511, 37-7-1512, MCA
History: NEW, 2012 MAR p. 506, Eff. 3/9/12; AMD, 2017 MAR p. 1144, Eff. 7/22/17; AMD, 2019 MAR p. 2240, Eff. 12/7/19.

Mont. Admin. R. 24.174.1713 Release of Prescription Drug Registry Information to Other Entities (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-1512, MCA
Implementing statute(s): 37-7-1506, MCA
History: NEW, 2012 MAR p. 506, Eff. 3/9/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.1715 Interstate Exchange of Registry Information (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-1512, MCA
Implementing statute(s): 37-7-1506, MCA
History: NEW, 2012 MAR p. 506, Eff. 3/9/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

Subchapter 24.174.18 Medical Practitioner Dispensing

Mont. Admin. R. 24.174.1801 Qualifications for Dispenser Registration

(1) An applicant for a registration to dispense drugs as a medical practitioner, pursuant to 37-2-104, MCA, shall:

(a) be a licensed medical practitioner as defined in 37-2-101(8), MCA, or a naturopathic physician as defined in 37-2-101(9), MCA;

(b) be in good standing as that term is defined in this chapter;

(d) pay the required application fee and renewal fee; and

(e) be located in Montana.

(2) The applicant shall:

(a) state each location in Montana at which prescription drugs will be dispensed; and

(b) grant permission to the board to inspect each location at which prescription drugs will be dispensed during the normal business hours.

(3) Registrants must conspicuously display the dispenser license at all times in the place of business for which the license is issued.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-2-104, 37-7-201, MCA
History: NEW, 2021 MAR p. 1673, Eff. 11/20/21; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.1802 Dispensing Requirements

(1) A dispenser registrant shall:

(a) create a written or electronic prescription drug order for each drug dispensed and maintain such information in the patient's chart or record, pursuant to ARM 24.174.831, and 37-7-101(43) and 50-31-307, MCA, which shall include the following, but not be limited to:

(i) patient's name;

(ii) name of drug;

(iii) strength;

(iv) dosage form;

(v) quantity;

(vi) directions for use;

(vii) date of issuance; and

(viii) prescriber's name;

(b) perform in person the final verification check of each drug prior to dispensing that, at a minimum, includes the following:

(i) ensuring the prescription drug product and label match the prescription drug order and the information on the manufacturer's label with respect to drug, dosage form, strength, quantity, and drug identification number;

(ii) verifying the prescription product label matches the prescription drug information with respect to prescription requirements in ARM 24.174.831;

(iii) verifying the drug has not expired and will not expire within the duration of use;

(iv) ensuring the registrant has completed a prospective drug utilization review after reviewing the patient profile;

(v) documenting that the final verification check was completed by the registrant; and

(vi) offer counseling to the patient;

(c) prepare, dispense, and deliver the drug, including subsequent fills or refills, to their own patient(s) pursuant to the provisions in 37-2-104(2) and 50-31-307, MCA. In addition:

(i) Health care staff members in the office, or place of practice of the registrant, may convey or dispense the drug on behalf of the registrant if:

(A) the drugs are prepared and sealed with two forms of identification written on the package by the registrant; and

(B) the health care staff member verifies the identity of the patient.

(ii) The drug may not be dispensed, conveyed, or delivered by mail or common carrier.

(iii) A registrant may use an alternate delivery of prescriptions as allowed by ARM 24.174.839.

(2) A registrant shall comply with all federal and state statutes and regulations regarding dispensing of prescription drugs, including all requirements for the registrant to:

(a) perform a prospective drug utilization review, pursuant to 37-7-101(17) and 37-7-406, MCA, and ARM 24.174.901;

(b) provide patient labeling, pursuant to 37-7-101(14), MCA, and ARM 24.174.301(23), 24.174.832, and 24.174.833, including:

(i) the prescription label shall contain the name, address, and phone number of the registrant, name of patient, name and strength of drug, directions for use, and date of filling;

(ii) the prescription label must be securely attached to the outside of the container in which the drug is dispensed; and

(iii) the registrant shall provide Medication Guides and/or Patient Package Inserts, comply with Risk Evaluation and Mitigation Strategies, and/or other labeling requirements as required by the U.S. Food and Drug Administration;

(c) develop a protocol to manage, store, and secure prescription drug dispensing inventory, pursuant to ARM 24.174.814 and 24.174.819, including:

(i) operating in a sanitary manner;

(ii) restricting access only to authorized individuals as determined by the registrant;

(iii) assuring that physical access to prescription drugs for dispensing is denied to all individuals at all times when a registrant is not on the premises, except with regard to dispensing pursuant to 37-2-104(8), MCA;

(d) maintain recordkeeping, pursuant to ARM 24.174.833, with records available for inspection by the board;

(e) compound drug products, including nonsterile and sterile products, pursuant to ARM 24.174.841 and 24.174.843;

(f) dispense with the offer to provide patient counseling, pursuant to 37-2-104(2), 37-7-101(31), and 37-7-406, MCA, and ARM 24.174.903; and

(g) implement and have in place a quality assurance program to detect, identify, and prevent prescription errors, pursuant to ARM 24.174.407.

(3) With regard to inspections by the board or its designee, a registrant shall resolve conditions identified in an inspection report, if applicable.

(4) Prescription drugs dispensed by a registrant may not be transferred to another practitioner or pharmacist for subsequent filling or refills.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-2-104, 37-7-201, MCA
History: NEW, 2021 MAR p. 1673, Eff. 11/20/21; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25; AMD, 2026 MAR, Notice No. 2026-131, Eff. 9/26/26.

Mont. Admin. R. 24.174.1803 Dispenser Recordkeeping Requirements

(1) A registrant shall keep readily retrievable at each dispensing location records of dispensing and inventory, pursuant to ARM 24.174.833:

(a) a copy of the registrant's dispenser license;

(b) a record of each final verification check by the registrant;

(d) the registrant's protocols for disposal of drugs;

(e) with respect to a supplier from whom the registrant purchased prescription drugs:

(i) the name, address, and phone number of each wholesale drug distributor supplier, as defined in 37-7-602(8), MCA, and ARM 24.174.1201; and

(ii) documentation including:

(A) for each wholesale distribution supplier, the number and the expiration date of the license issued by the board; and

(B) for any pharmacy supplier acting as a wholesale drug distributor, the number and the expiration date of the pharmacy license issued by the board;

(f) any other purchasing, inventory, and dispensing records required by state or federal statutes or regulations;

(g) a manual or electronic dispensing record must be maintained separately from the patient medical record and kept for a minimum of two years. If an electronic health information system, as defined in 37-7-101(22), MCA, is utilized, the system must be able to produce a separate dispensing record; and

(h) the dispensing record must show, at a minimum, the following for original and subsequent fills or refills, in compliance with ARM 24.174.833:

(i) name of patient;

(ii) unique identifier;

(iii) dose, dosage form, quantity dispensed, and either the brand name of drug or generic name and name of manufacturer;

(iv) directions for use;

(v) date of dispensing; and

(vi) initials of registrant dispensing the prescription.

(2) In addition to meeting the requirements of ARM 24.174.1802, the registrant shall comply with any other state or federal law or regulation relating to dispensing of prescription drugs.

(3) Records must be available for inspection by the board.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-2-104, 37-7-201, MCA
History: NEW, 2021 MAR p. 1673, Eff. 11/20/21; AMD, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Subchapter 24.174.19 Veterinary Retail Facilities

Mont. Admin. R. 24.174.1901 Veterinary Retail Facility License Requirements

(1) Applicants for licensure as a veterinary retail facility must:

(a) submit a completed application form;

(b) pay the required application fee or renewal fee;

(d) comply with the provisions of 37-18-803, MCA.

(2) Veterinary retail facilities must notify the board within 30 days of the following changes:

(a) designated person-in-charge; and

(b) termination in service.

History

Authorizing statute(s): 37-18-803, MCA
Implementing statute(s): 37-18-803, MCA
History: NEW, 2024 MAR p. 84, Eff. 1/13/24.

Mont. Admin. R. 24.174.1902 Veterinary Retail Facility Requirements

(1) A veterinary retail facility may dispense veterinary prescription drugs as defined in 37-18-801, MCA, upon receipt of a Montana licensed veterinarian's prescription, standing order, or other order for use in livestock. Drugs must be dispensed by a veterinary dispensing technician registered with the Board of Veterinary Medicine.

(2) A veterinary retail facility may refill a prescription only if the initial prescription authorizes a specific number of refills, or as identified in a standing order or other appropriate authorization from the prescribing veterinarian.

(3) All licensed veterinary retail facilities shall:

(a) maintain readily accessible written or electronic records of veterinary prescription drug inventory and prescriptions for two years after dispensing, and make the records available for board inspection;

(b) provide for secure storage of and accurate recordkeeping for veterinary prescription medications, records, and drug inventory;

(c) limit access to veterinary prescription medications and records to the facility's person-in-charge and registered veterinary dispensing technician(s) only;

(d) store veterinary prescription drugs separately from over-the-counter drugs and as recommended by the manufacturer;

(e) operate in a sanitary manner;

(f) purchase veterinary prescriptions drugs, as defined in 37-18-801, MCA, from a wholesale distributor or pharmacy licensed by the board;

(g) maintain policies and procedures to manage and dispose of outdated, expired, damaged, or returned drugs to prevent such drugs from being dispensed, distributed, or resold. Facilities may utilize a reverse distributor licensed as a wholesale distributor by the board; and

(h) create and maintain a dispensing record and a client information sheet that includes the following:

(i) name, address, and telephone number of the Montana licensed prescribing veterinarian;

(ii) client name;

(iii) identification of animals or herds treated;

(iv) date(s) each prescription was written, and the drugs dispensed;

(v) name and quantity of dispensed drug;

(vi) directions for the drug's dosage, frequency, and duration for use;

(vii) manufacturer's cautionary statements; and

(viii) manufacturer's expiration date.

(4) If the information in (3)(h) is included on the manufacturer's label, it is unnecessary to repeat the same information on the client's information sheet, but it must be included in the dispensing record.

History

Authorizing statute(s): 37-18-803, MCA
Implementing statute(s): 37-18-803, 37-18-804, MCA
History: NEW, 2024 MAR p. 84, Eff. 1/13/24.

Subchapter 24.174.20 Device Non-Pharmacy Facility

Mont. Admin. R. 24.174.2001 Device, Durable Medical Equipment, and Medical Gas Supplier Licensure Requirements for a Non-Pharmacy Facility

(1) A facility must obtain a device facility license from the board when the facility exclusively dispenses products that are devices, durable medical equipment (DME), medical gas, including medical gas supplies, directly to a patient in Montana pursuant to a prescription drug order, as defined in 37-7-101, MCA.

(2) If the scope of practice is limited to (1), and does not include the dispensing of prescription drugs, then a device facility license type is sufficient and a separate pharmacy, out-of-state mail-order pharmacy, or wholesale distributor license is not required.

(3) Facilities that comply with (1) and supply medical gas and/or medical gas supplies must apply for a medical gas supplier endorsement.

(4) A device facility must identify a person-in-charge responsible for complying with board laws and regulations. The person-in-charge does not need to be a pharmacist. If a person-in-charge changes, the board must be notified of a new person-in-charge within 30 days.

(5) A device facility must:

(a) submit an application and pay the required application, endorsement, and annual renewal fees as required by the board;

(b) submit with the application a description of the device facility’s scope of service, floor plan, security measures, list of device types or categories to be dispensed, list of policies and procedures in place necessary to comply with the provisions listed in ARM 24.174.2002(3), and product storage;

(c) apply for separate licenses to operate, maintain, open, or establish more than one device facility at separate locations;

(d) provide a toll-free telephone number in the information dispensed to a patient to the location that has access to the patient’s records. A toll-free telephone number shall also be provided to the board to allow for compliance with all information requests by the board;

(e) comply with board rules related to:

(i) location change, ARM 24.174.803;

(ii) ownership change, ARM 24.174.804;

(iii) license posting, ARM 24.174.806; and

(iv) closure, ARM 24.174.807;

(f) comply with all applicable state and federal laws and regulations.

(6) No license may be issued to any device facility whose intended place of business is a personal residence.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-101, 37-7-102, 37-7-201, MCA
History: NEW, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Mont. Admin. R. 24.174.2002 Device Non-Pharmacy Facility Requirements

(1) In-state device facilities shall be inspected by the board and the board reserves the right to inspect out-of-state device facilities for cause.

(2) Out-of-state device facilities must comply with the following:

(a) be a legal entity registered and in good standing with the Montana Secretary of State with a registered agent in Montana for services of process;

(b) maintain, in readily retrievable form, records of products dispensed to Montana patients pursuant to a prescription drug order;

(d) upon application, provide verification of licensure in the state in which the facility is located and provide the home-state inspection report.

(3) A device facility must establish and implement policies and procedures for compliance with the following and be available upon inspection:

(a) maintaining records pertaining to the acquisition and supply of, and complaints related to, devices, DME, and/or medical gases;

(b) facility security;

(d) copy of prescription and records of dispensing pursuant to ARM 24.174.833;

(e) labeling of a dispensed product pursuant to ARM 24.174.832 that includes on the device, container, or in the educational information the name, address, and telephone number of the facility;

(f) providing directions and/or educational information to the patient regarding the dispensed product;

(g) procedures for ensuring patient safety for the appropriate patient care, treatment, and service response requirements for devices dispensed to a patient. The device facility must address how it will perform the following functions for a device provided to a patient:

(i) provide all supplies necessary to operate the equipment, and provide information on appropriate storage;

(ii) deliver, unpack, and assemble equipment and perform safety and operational checks for a device;

(iii) adapt, fit, or adjust medical equipment to meet patient need; and

(iv) maintain, inspect, and test medical equipment;

(h) provide emergency maintenance, replacement, or backup of medical equipment when needed; and

(i) for ventilators, life-sustaining infusions, or oxygen, the device facility must provide a backup system, means to provide a duplicate, or a power supply that provides a minimum of three times the licensee’s response time to a patient.

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-101, 37-7-102, 37-7-201, MCA
History: NEW, 2025 MAR, Notice No. 2025-206, Eff. 12/6/25.

Subchapter 24.174.21 Renewals and Continuing Education

Mont. Admin. R. 24.174.2101 Pharmacies - Annual Renewal

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-321, MCA
History: NEW, Eff. 3/21/55; AMD, 1980 MAR p. 126, Eff. 1/18/80; AMD, 1980 MAR p. 970, Eff. 3/14/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1999 MAR p. 2438, Eff. 10/22/99; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; REP, 2019 MAR p. 1633, Eff. 9/21/19.

Mont. Admin. R. 24.174.2102 Pharmacy Technician - Renewal

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-1-141, 37-7-201, MCA
History: NEW, 2002 MAR p. 86, Eff. 1/18/02; AMD, 2010 MAR p. 74, Eff. 1/15/10; REP, 2019 MAR p. 1633, Eff. 9/21/19.

Mont. Admin. R. 24.174.2103 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-7-201, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, 37-7-201, MCA
History: NEW, 1978 MAR p. 1740, Eff. 12/29/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 1999 MAR p. 2438, Eff. 10/22/99; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 74, Eff. 1/15/10; REP, 2019 MAR p. 1633, Eff. 9/21/19.

Mont. Admin. R. 24.174.2104 Registered Pharmacist Continuing Education - Requirements

(1) The nationally accepted measurement of continuing education, the continuing education unit (CEU), will be the measurement employed by the board. Ten hours of approved continuing education credit equal one CEU.

(2) The board will require:

(a) 1.5 CEU for each fiscal year if a pharmacist takes at least 0.5 CEU in an approved group program; or

(b) 2.0 CEU for each fiscal year if a pharmacist does not take at least 0.5 CEU in an approved group program.

(3) The annual CEU requirement will not pertain to a pharmacist applying as a new graduate for his or her first license renewal.

(4) Only an additional 1.5 CEU may be accumulated and applied to the following year.

(5) All licensees shall affirm an understanding of their recurring duty to comply with CE requirements as a part of annual license renewal.

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-306, MCA
History: NEW, 1978 MAR p. 1740, Eff. 12/29/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2011 MAR p. 1148, Eff. 6/24/11; AMD, 2019 MAR p. 1633, Eff. 9/21/19; AMD, 2024 MAR p. 2219, Eff. 9/21/24.

Mont. Admin. R. 24.174.2105 Registered Pharmacist Continuing Education -Subjects

(1) Continuing pharmaceutical education will include, but will not be limited to, appropriate professional post graduate education in any of the following subjects:

(a) properties and actions of drugs and dosage forms;

(b) etiology, pathophysiology, clinical course, therapy and prognosis of diseases;

(d) legal, psychological and socioeconomic aspects of health care delivery.

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-306, MCA
History: NEW, 1978 MAR p. 1740, Eff. 12/29/78; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 3103, Eff. 11/20/98; TRANS, from Commerce, 2002 MAR p. 904.

Mont. Admin. R. 24.174.2106 Registered Pharmacist Continuing Education - Approved Programs

(1) Continuing education programs sponsored by providers that are approved by the following organizations will automatically qualify for continuing education credit:

(a) the American Council on Pharmaceutical Education (ACPE);

(b) programs that have been approved for Continuing Medical Education (CME) by a state Board of Medical Examiners or its equivalent; or

(2) Pharmacists may receive CEU for programs other than those on the ACPE list of providers. Acceptable non-ACPE programs must focus on protecting the health, safety, and welfare of the public and contribute to the pharmacist's professional knowledge and competence, and must:

(a) directly relate to the scope of practice of pharmacy as defined in board statutes and rules;

(b) review existing concepts and techniques;

(d) update knowledge on the practice and advances in pharmacy; and/or

(e) reinforce professional conduct or ethical obligations of the pharmacist.

(3) A maximum of 1.0 CEU (10 hours) of the hours required in ARM 24.174.2104 may be obtained through completion of non-ACPE programs. The programs must comply with (2), and:

(a) be a minimum of 30 minutes in duration;

(b) be provided by an individual(s) competent in the subject matter;

(d) provide program materials and/or an agenda, and a certificate of completion that includes the program date, hours of CEU, name of non-ACPE program provider, and name of program presenter.

(4) In the event a pharmacist is selected for audit, the pharmacist must demonstrate the continuing education meets the above standards and submit non-ACPE information with a form provided by the board, including:

(a) program materials and/or an agenda; and

(b) a certificate of completion.

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-306, MCA
History: NEW, 1978 MAR p. 1740, Eff. 12/29/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 945, Eff. 5/30/86; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2003 MAR p. 109, Eff. 12/27/02; AMD, 2011 MAR p. 1148, Eff. 6/24/11; AMD, 2021 MAR p. 1671, Eff. 11/20/21.

Mont. Admin. R. 24.174.2107 Registered Pharmacist Continuing Education - Noncompliance

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-141, 37-1-306, MCA
History: NEW, 1978 MAR p. 1740, Eff. 12/29/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 1999 MAR p. 2438, Eff. 10/22/99; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2012 MAR p. 506, Eff. 3/9/12; REP, 2019 MAR p. 1633, Eff. 9/21/19.

Mont. Admin. R. 24.174.2108 Administrative Suspension

(1) The board authorizes the department to:

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department's licensee lookup and license verification databank.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2024 MAR p. 2219, Eff. 9/21/24.

Subchapter 24.174.23 Unprofessional Conduct

Mont. Admin. R. 24.174.2301 Unprofessional Conduct

(1) The board defines "unprofessional conduct" as follows:

(a) engaging in any activity which violates state and federal statutes and rules governing the practice of pharmacy;

(b) dispensing an outdated or questionable product;

(d) charging for more dosage units than are actually dispensed;

(e) altering prescriptions or other records which the law requires pharmacies and pharmacists to maintain;

(f) dispensing medication without proper authorization;

(g) defrauding any persons or government agency receiving pharmacy services;

(h) placing a signature on any affidavit pertaining to any phase of the practice of pharmacy which the pharmacist knows to contain false information;

(i) any act performed in the practice of pharmacy which is hostile to the public health and which is knowingly committed by the holder of a license;

(j) buying, selling, purchasing or trading any prescription drug samples or offering to sell, purchase or trade drug samples. A "drug sample," as used herein, is defined to mean a unit of a prescription drug which is not intended to be sold and is intended to promote the sale of a drug;

(k) conviction, including conviction following a plea of nolo contendere, of an offense involving moral turpitude, whether misdemeanor or felony, and whether or not an appeal is pending;

(l) fraud, misrepresentation, deception or concealment of a material fact in applying for or securing a license, or license renewal, or in taking an examination required for licensure; as used herein, "material" means any false or misleading statement or information;

(m) use of a false, fraudulent or deceptive statement in any document connected with the practice of pharmacy;

(n) having been subject to disciplinary action of another state or jurisdiction against a license or other authorization to practice pharmacy, based upon acts or conduct by the licensee similar to acts or conduct that would constitute grounds for disciplinary actions under Title 37, chapter 7, MCA or these rules; a certified copy of the record of the action taken by the other state or jurisdiction is evidence of unprofessional conduct.

(o) willful disobedience of a rule adopted by the board, or an order of the board regarding evaluation or enforcement of discipline of a licensee;

(p) habitual intemperance or excessive use of an addictive drug, alcohol or any other substance to the extent that the use impairs the user physically or mentally;

(q) failing to furnish to the board or its investigators or representatives information legally requested by the board.

(r) failing to cooperate with a lawful investigation conducted by the board;

(s) conviction or violation of a federal or state law regulating the possession, distribution or use of a controlled substance, as defined by the federal food and drug administration or successors, whether or not an appeal is pending;

(t) failure to transfer pertinent and necessary patient records or prescriptions to another licensed pharmacy, in a timeline that meets patient safety and health needs;

(u) failure to comply with an agreement the licensee has entered into with the assistance program;

(v) failure to follow policies or procedures defined in the practice situation to safeguard patient care;

(w) failure to comply with the scope of practice of a clinical pharmacist practitioner and the authority of a collaborative practice agreement, as authorized in 37-7-306, MCA;

(x) failure to submit controlled substance dispensing information to the prescription drug registry, pursuant to 37-7-1503, MCA; and

(y) filling a prescription from a pharmacy-produced copy as a pharmacy-produced copy of a prescription cannot be used to fill or dispense a prescription.

History

Authorizing statute(s): 37-1-319, 37-7-201, MCA
Implementing statute(s): 37-1-316, MCA
History: NEW, 1981 MAR p. 625, Eff. 6/26/81; AMD, 1989 MAR p. 1193, Eff. 8/18/89; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2001 MAR p. 783, Eff. 5/11/01; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2024 MAR p. 84, Eff. 1/13/24; AMD, 2024 MAR p. 2219, Eff. 9/21/24; AMD, 2026 MAR, Notice No. 2026-131, Eff. 9/26/26.

Authorizing statute(s): 37-7-201, MCA
Implementing statute(s): 37-7-201, 37-7-311, 37-7-321, MCA
History: NEW, Eff. 3/21/55; AMD, 1980 MAR p. 126, Eff. 1/18/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 3103, Eff. 11/20/98; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2015 MAR p. 302, Eff. 3/27/15; REP, 2018 MAR p. 1825, Eff. 9/8/18.

Chapter 24.177 Board of Physical Therapy Examiners

Subchapter 24.177.1 Organizational Rule

Mont. Admin. R. 24.177.101 Board Organization (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1979 MAR p. 1243, Eff. 10/12/79; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 380; AMD, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.177.2 Procedural Rules

Mont. Admin. R. 24.177.201 Procedural Rules (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1979 MAR p. 1243, Eff. 10/12/79; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 380; AMD, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.177.202 Public Participation (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1979 MAR p. 1243, Eff. 10/12/79; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 380; AMD, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.177.4 General Provisions

Mont. Admin. R. 24.177.401 Fees (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-11-201, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-1-304, 37-1-305, 37-11-304, 37-11-307, 37-11-316, MCA
History: NEW, 1979 MAR p. 1243, Eff. 10/12/79; AMD, 1980 MAR p. 1279, Eff. 4/25/80; AMD, 1980 MAR p. 1607, Eff. 6/13/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 593, Eff. 3/26/82; AMD, 1983 MAR p. 348, Eff. 4/29/83; AMD, 1983 MAR p. 1664, Eff. 11/11/83; AMD, 1988 MAR p. 168, Eff. 1/29/88; AMD, 1990 MAR p. 2107, Eff. 11/30/90; AMD, 1991 MAR p. 2450, Eff. 12/13/91; AMD, 1994 MAR p. 159, Eff. 1/28/94; AMD, 1994 MAR p. 1583, Eff. 6/10/94; AMD, 1995 MAR p. 2483, Eff. 11/23/95; AMD, 1997 MAR p. 38, Eff. 1/17/97; AMD, 1997 MAR p. 1359, Eff. 8/5/97; AMD, 1998 MAR p. 460, Eff. 2/13/98; AMD, 2000 MAR p. 1038, Eff. 4/28/00; TRANS, from Commerce, 2005 MAR p. 380; AMD, 2006 MAR p. 225, Eff. 1/27/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2012 MAR p. 1526, Eff. 7/27/12; AMD, 2020 MAR p. 904, Eff. 5/16/20; AMD, 2024 MAR p. 1882, Eff. 7/27/24; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.177.410 List of Licensed Physical Therapists

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-11-201, MCA
Implementing statute(s): 37-11-201, MCA
History: NEW, 1985 MAR p. 687, Eff. 6/14/85; AMD, 1990 MAR p. 2107, Eff. 11/30/90; AMD, 1997 MAR p. 38, Eff. 1/17/97; TRANS, from Commerce, 2005 MAR p. 380; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2018 MAR p. 443, Eff. 2/24/18.

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.177.21 Renewal and Continuing Education

Mont. Admin. R. 24.177.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-11-201, MCA
Implementing statute(s): 37-1-141, MCA
History: NEW, 1979 MAR p. 1243, Eff. 10/12/79; AMD, 1980 MAR p. 1279, Eff. 4/25/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1995 MAR p. 2483, Eff. 11/23/95; AMD, 1997 MAR p. 38, Eff. 1/17/97; AMD, 2004 MAR p. 75, Eff. 10/17/03; TRANS, from Commerce, 2005 MAR p. 380; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2015 MAR p. 1907, Eff. 10/30/15.

Mont. Admin. R. 24.177.2105 Continuing Education (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-1-321, MCA
History: NEW, 1997 MAR p. 38, Eff. 1/17/97; AMD, 1998 MAR p. 460, Eff. 2/13/98; AMD, 2001 MAR p. 344, Eff. 2/23/01; AMD, 2004 MAR p. 75, Eff. 10/17/03; TRANS, from Commerce, 2005 MAR p. 380; AMD, 2009 MAR p. 2153, Eff. 11/13/09; AMD, 2012 MAR p. 1526, Eff. 7/27/12; AMD, 2014 MAR p. 2835, Eff. 11/21/14; AMD, 2016 MAR p. 1697, Eff. 9/24/16; AMD, 2018 MAR p. 443, Eff. 2/24/18; AMD, 2020 MAR p. 904, Eff. 5/16/20; AMD, 2024 MAR p. 1882, Eff. 7/27/24; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.177.23 Unprofessional Conduct

Mont. Admin. R. 24.177.2301 Unprofessional Conduct (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-11-201, MCA
Implementing statute(s): 37-1-316, 37-1-319, 37-11-321, MCA
History: NEW, 1989 MAR p. 833, Eff. 6/30/89; AMD, 1995 MAR p. 2483, Eff. 11/23/95; AMD, 1997 MAR p. 38, Eff. 1/17/97; TRANS, from Commerce, 2005 MAR p. 380; AMD, 2012 MAR p. 1526, Eff. 7/27/12; AMD, 2021 MAR p. 1926, Eff. 12/24/21; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.177.24 Complaint Procedures

Mont. Admin. R. 24.177.2401 Complaint Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-11-201, MCA
Implementing statute(s): 37-1-308, 37-1-309, MCA
History: NEW, 1997 MAR p. 38, Eff. 1/17/97; TRANS, from Commerce, 2005 MAR p. 380; REP, 2015 MAR p. 1907, Eff. 10/30/15.

Mont. Admin. R. 24.177.2405 Screening Panel

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-11-201, MCA
Implementing statute(s): 37-1-307, MCA
History: NEW, 1997 MAR p. 38, Eff. 1/17/97; TRANS, from Commerce, 2005 MAR p. 380; REP, 2012 MAR p. 1526, Eff. 7/27/12.

Chapter 24.180 Board of Plumbers

Subchapter 24.180.1 Organizational Rules

Mont. Admin. R. 24.180.101 Board Organization

(1) The Board of Plumbers adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.180.2 Procedural Rules

Mont. Admin. R. 24.180.201 Procedural Rules

(1) The Board of Plumbers adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/71; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.180.202 Public Participation

(1) The Board of Plumbers adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, Eff. 4/4/77; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.180.203 Board Meetings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-69-202, MCA
Implementing statute(s): 37-69-202, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2004 MAR p. 1472; REP, 2017 MAR p. 189, Eff. 2/4/17.

Subchapter 24.180.3 Definitions

Mont. Admin. R. 24.180.301 Definitions

(1) "Employ" means to provide with a job that pays wages or a salary, and includes the responsibility of hiring and firing. The employer shall pay payroll taxes on behalf of the employee.

(2) "Farm or ranch" is defined in 39-3-402, MCA.

(3) "Installation of plumbing and drainage systems" means, but is not limited to, the measuring, laying-out, cutting, fitting, soldering, and gluing of pipe and/or the installation of fixtures and equipment for the purpose of connecting potable water or sewage.

(4) "Installation of water conditioner service" means installation of a device that requires connection to the water piping only and the installation of the drain to an acceptable indirect waste receptor as required by the plumbing code, as adopted by the state of Montana, and as required by Title 37, chapter 69, MCA. This exemption does not apply to connections to any public water supply or to commercial installations.

(5) "Master plumber of record" means a licensed master plumber who is designated as the "master plumber of record" for a plumbing business under ARM 24.180.507.

(6) "Minor work" means installation of an appliance that requires connection to the water piping only and the installation of the drain to an acceptable indirect waste receptor as required by the plumbing code, as adopted by the state of Montana, and as required by Title 37, chapter 69, MCA. The installation must be performed by an agent of, or the dealer from whom the appliance was purchased.

(7) "Manufactured house" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this section, except the size requirements.

(8) "Plumbing business" means any person or entity that advertises, bids, contracts for, or performs work in the field of plumbing.

(9) "Supervision" means:

(a) is readily available for consultation with journeyman plumbers and with the authority having jurisdiction;

(b) provides periodic evaluation of journeyman plumbers' professional competence; and

History

Authorizing statute(s): 37-69-202, MCA
Implementing statute(s): 37-69-102, 37-69-305, 37-69-306, 37-69-323, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 200, Eff. 2/24/78; AMD, 1979 MAR p. 1685, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1995 MAR p. 466, Eff. 3/31/95; AMD, 1995 MAR p. 2798, Eff. 12/22/95; AMD, 1996 MAR p. 2426, Eff. 9/20/96; AMD, 1998 MAR p. 1158, Eff. 5/1/98; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2008 MAR p. 2271, Eff. 10/24/08; AMD, 2012 MAR p. 1635, Eff. 8/10/12.

Subchapter 24.180.4 General Provisions

Mont. Admin. R. 24.180.401 Fee Schedule

(1) Applicants approved by the board to take the licensing examination(s) shall pay the examination fee directly to the vendor. The fee is set by the vendor and varies by examination. Information concerning current vendor examination fees is available from the board office.

(2) The following fees apply to licensees and applicants:

(a) Application fees:

(i) Journeyman $220

(ii) Master 220

(iii) Medical gas endorsement 80

(iv) Out-of-state 220

(b) Renewal fees:

(i) Journeyman 160

(ii) Master 200

(iii) Medical gas endorsement 24

(d) Master plumber of record fee 50

(e) Continuing education provider fee 50

(f) Continuing education course fee 25

(g) Retirement status certificate fee (one-time fee) 25

(3) Fees are nonrefundable.

(4) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-1-134, 37-69-202, 37-69-401, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-1-304, 37-1-305, 37-69-303, 37-69-306, 37-69-308, 37-69-311, 37-69-401, MCA
History: NEW, 1984 MAR p. 1181, Eff. 8/31/84; AMD, 1993 MAR p. 141, Eff. 1/29/93; AMD, 1995 MAR p. 466, Eff. 3/31/95; AMD, 1995 MAR p. 2798, Eff. 12/22/95; AMD, 1996 MAR p. 2426, Eff. 9/20/96; AMD, 1998 MAR p. 1158, Eff. 5/1/98; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 1029, Eff. 4/13/07; AMD, 2007 MAR p. 1029, Eff. 7/6/07; AMD, 2008 MAR p. 2271, Eff. 10/24/08; AMD, 2010 MAR p. 1609, Eff. 7/16/10; AMD, 2021 MAR p. 329, Eff. 3/27/21; AMD, 2026 MAR, Notice No. 2026-79, Eff. 7/11/26.

Mont. Admin. R. 24.180.404 Applications

(1) An application for a master or journeyman plumber license must be submitted to the department and must be accompanied by the appropriate fee.

(2) An application will remain on file for one year from the date of receipt. If the applicant has not met all qualifications and been issued a license within that period, the application terminates, the fee is forfeited, and any passing score achieved by the applicant on the written licensure examination is no longer valid. To reapply, an application and appropriate fee must be submitted.

History

Authorizing statute(s): 37-1-131, 37-69-202, MCA
Implementing statute(s): 37-69-303, MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, Eff. 6/4/76; AMD, 1980 MAR p. 587, Eff. 2/15/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 1181, Eff. 8/31/84; AMD, 1995 MAR p. 466, Eff. 3/31/95; AMD, 1996 MAR p. 2426, Eff. 9/20/96; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2007 MAR p. 471, Eff. 4/13/07; AMD, 2008 MAR p. 2271, Eff. 10/24/08.

Mont. Admin. R. 24.180.405 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2012 MAR p. 1635, Eff. 8/10/12; AMD, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.180.406 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.180.407 Examinations

(1) All master applicants must successfully complete a written examination with a score of 70 percent or greater.

(2) All journeyman applicants must successfully complete two written examinations with a score of 70 percent or greater on each examination. The first written examination must be passed before an applicant may take the second written examination.

(3) If an applicant fails three written examinations within the one year period of an application's viability, the applicant must submit proof of completion of 20 hours of continuing education as provided in ARM 24.180.2102 before the applicant will be approved to take the examination a fourth time. An applicant who fails the fourth written examination may not reapply for licensure for one year.

History

Authorizing statute(s): 37-1-131, 37-69-202, MCA
Implementing statute(s): 37-69-304, 37-69-305, 37-69-306, MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, Eff. 9/4/75; AMD, Eff. 6/4/76; AMD, 1978 MAR p. 1187, Eff. 8/11/78; AMD, 1979 MAR p. 41, Eff. 1/26/79; AMD, 1979 MAR p. 738, Eff. 7/13/79; AMD, 1979 MAR p. 1685, Eff. 12/28/79; AMD, 1981 MAR p. 957, Eff. 8/28/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 290, Eff. 2/12/82; AMD, 1982 MAR p. 1740, Eff. 10/1/82; AMD, 1984 MAR p. 1181, Eff. 8/31/84; AMD, 1995 MAR p. 466, Eff. 3/31/95; AMD, 1996 MAR p. 2426, Eff. 9/20/96; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2007 MAR p. 471, Eff. 4/13/07; AMD, 2008 MAR p. 2271, Eff. 10/24/08; AMD, 2026 MAR, Notice No. 2025-126, Eff. 4/11/26.

Mont. Admin. R. 24.180.410 Duplicate and Lost Licenses (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-69-202, MCA
Implementing statute(s): 37-1-134, 37-1-141, MCA
History: Eff. 12/31/72; AMD, 1979 MAR p. 1685, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 1181, Eff. 8/31/84; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2026 MAR, Notice No. 2025-126, Eff. 4/11/26.

Mont. Admin. R. 24.180.413 General Responsibilities

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-69-202, MCA
Implementing statute(s): 37-69-202, MCA
History: NEW, 1983 MAR p. 70, Eff. 1/28/83; TRANS, from Commerce, 2004 MAR p. 1472; REP, 2017 MAR p. 189, Eff. 2/4/17.

Subchapter 24.180.5 Licensing and Scope of Practice

Mont. Admin. R. 24.180.501 Journeyman Plumbers Responsibilities (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-69-202, MCA
Implementing statute(s): 37-69-323, MCA
History: NEW, Eff. 6/5/74; AMD, 1979 MAR p. 1685, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2004 MAR p. 1472; REP, 2026 MAR, Notice No. 2025-126, Eff. 4/11/26.

Mont. Admin. R. 24.180.502 Military Training or Experience (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 974, Eff. 5/9/14; REP, 2026 MAR, Notice No. 2025-126, Eff. 4/11/26.

Mont. Admin. R. 24.180.504 Qualifications - Journeyman

(1) The board will accept the following documentation of experience for journeyman plumber applicants:

(a) written affirmation from a licensed master plumber(s) or a licensed plumbing contractor(s) by whom the applicant was employed, certifying by detailed description of the applicant's plumbing experience, that the applicant meets the qualifications set by 37-69-304, MCA. The written affirmation must verify that the applicant has a minimum of 7500 aggregate hours of experience in the field of plumbing over a period of not less than five years;

(b) a copy of an apprenticeship completion certificate or certified statement issued by the United States Department of Labor, Employment and Training Administration (ETA), Office of Apprenticeship Training, Employer and Labor Services (OATELS), or a recognized state apprenticeship agency/council. Experience granted for a registered apprenticeship is contingent upon successfully completing the requirement of the apprenticeship program;

(c) a transcript providing attainment of a first degree or advanced degree in an approved engineering curriculum or a baccalaureate degree in an approved engineering technology curriculum will be accepted as equivalent to two years of the five-year experience requirement;

(d) the board may, in its sole discretion, give appropriate credit for the following:

(i) graduation from an engineering technology curriculum not approved by the board;

(ii) completion of portions of such curriculum;

(iii) completion of a course of study in a technical institute or other recognized educational program, none of the above to exceed two years of the five-year experience requirement.

(e) upon documentation of practice in the fields of steam fitting, hydronics, and industrial piping, the experience will be accepted as equivalent to a maximum of two years of the five-year experience requirement.

History

Authorizing statute(s): 37-1-131, 37-69-202, MCA
Implementing statute(s): 37-69-304, MCA
History: NEW, 1995 MAR p. 466, Eff. 3/31/95; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2007 MAR p. 471, Eff. 4/13/07; AMD, 2008 MAR p. 2271, Eff. 10/24/08.

Mont. Admin. R. 24.180.505 Journeyman Must Work in the Employ of Master

(1) Unless otherwise permitted by the board, a journeyman plumber may perform work only in the employ of and under the supervision of a full-time licensed master plumber of record.

(2) The board recognizes that in certain instances to require a journeyman plumber to be in the employ of a master plumber of record may work a hardship, and in certain instances, the reason for requiring a master plumber of record may not exist. These instances may include journeyman plumbers who are employed by a government entity and a majority of whose work may be considered plumbing, does not involve initial installation, but rather, only certain minor kinds of maintenance to previously installed and existing plumbing.

(3) All licensed journeyman plumbers shall work only in the employ of a master plumber of record, unless the board grants an exemption from this requirement. To be exempted from this requirement, a journeyman plumber must file with the board a written application for exemption. That application must state by whom the journeyman plumber is employed, and it must state in detail the kind and amount of work the journeyman plumber is doing, especially those areas which may involve the field of plumbing.

(4) The board, upon review of the application, shall determine whether the type of employment and work thereunder shall require employment by a master plumber of record and may thereafter, in its discretion, grant or deny the application and define the scope of the exemption, including, but not limited to, any and all terms and conditions the board deems necessary or appropriate under the circumstances.

(5) A journeyman plumber license does not authorize the journeyman plumber to obtain a permit or to engage in or advertise as a plumbing business.

History

Authorizing statute(s): 37-69-202, MCA
Implementing statute(s): 37-69-304, 37-69-306, MCA
History: NEW, Eff. 6/5/74; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1995 MAR p. 466, Eff. 3/31/95; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2012 MAR p. 1635, Eff. 8/10/12.

Mont. Admin. R. 24.180.506 Qualifications - Master

(1) The board will accept the following documentation of experience for master plumber applicants:

(a) Written affirmation from a licensed master plumber(s) or a licensed plumbing contractor(s) by whom the applicant was employed certifying by detailed description of the applicant's plumbing experience, that the applicant meets the qualifications set by 37-69-305, MCA.

(b) Practice in the fields of steam fitting, hydronics, and industrial piping will not be considered as acceptable experience in the field of plumbing for the master license experience requirement.

History

Authorizing statute(s): 37-1-131, 37-69-202, MCA
Implementing statute(s): 37-69-305, MCA
History: NEW, 1995 MAR p. 466, Eff. 3/31/95; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2007 MAR p. 471, Eff. 4/13/07; AMD, 2008 MAR p. 2271, Eff. 10/24/08.

Mont. Admin. R. 24.180.507 Master Plumbers of Record - Registration of Business Name

(1) At the time of application for licensure as a master plumber or at the time of renewal of the master's license, the applicant or licensee shall designate on the application whether the master plumber is designated as a master plumber of record and shall state the name of the plumbing business for which the master plumber will be so designated. The designation made on an application or renewal must be received by the board before the designation is effective.

(2) A master plumber must notify the board in writing whenever a master plumber is:

(a) designated as the master plumber of record; or

(b) terminated as the master plumber of record.

(3) If a new master plumber of record is designated for a plumbing business that already has a master plumber of record, the effect is a termination of the prior master plumber of record designation.

(4) No change of status will be lawful until the board receives actual notice in writing of the status change, regardless of whether the change is a designation as a master plumber of record, a termination as a master plumber of record, or both.

(5) A master plumber shall be the master plumber of record for only one plumbing business at any one point in time, and shall not assume or perform the duties or obligations of a master plumber of record for any other plumbing business, without first providing the notice required by this rule.

(6) A master plumber of record shall be responsible for supervising all plumbing work performed by the plumbing business for which the master plumber of record is designated and shall ensure that all plumbing work is done in compliance with all applicable standards, rules, codes, and statutes, including, but not limited to, licensing laws and building codes.

(7) A master plumber of record designation is required at all times that a plumbing business engages in any of the following:

(a) advertising services in the field of plumbing;

(b) bidding or contracting for work in the field of plumbing; and

History

Authorizing statute(s): 37-69-202, MCA
Implementing statute(s): 37-69-305, 37-69-306, 37-69-323, MCA
History: NEW, Eff. 6/5/74; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1995 MAR p. 466, Eff. 3/31/95; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2012 MAR p. 1635, Eff. 8/10/12.

Mont. Admin. R. 24.180.508 Temporary Exceptions

(1) The board may approve a temporary resolution of a county, city, or town or the board of directors or managers of a water or sewer district or water utility to authorize an unlicensed person to perform plumbing work if:

(a) there is not a licensed plumber within a 100-mile radius; and

(b) reasonable notice has been submitted to the board in accordance with 37-69-102, MCA.

(2) The county, city, or town or the board of directors or managers of a water or sewer district or water utility must reapply for board approval every three years from the date of board approval, or at the time a new unlicensed person has been delegated, whichever occurs first.

(3) The county, city, or town or the board of directors or managers of a water or sewer district or water utility must notify the board if a licensed plumber locates within a 100-mile radius.

History

Authorizing statute(s): 37-69-202, MCA
Implementing statute(s): 37-69-102, 37-69-103, MCA
History: NEW, 2007 MAR p. 471, Eff. 4/13/07; AMD, 2021 MAR p. 329, Eff. 3/27/21.

Subchapter 24.180.6 Licensing and Board Specific Rules

Mont. Admin. R. 24.180.601 Investigation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-69-202, MCA
Implementing statute(s): 37-1-308, 37-69-304, 37-69-305, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 2426, Eff. 9/20/96; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2007 MAR p. 471, Eff. 4/13/07; REP, 2017 MAR p. 189, Eff. 2/4/17.

Mont. Admin. R. 24.180.603 Reciprocity (repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): 37-1-131, 37-69-202, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2007 MAR p. 471, Eff. 4/13/07; AMD, 2008 MAR p. 2271, Eff. 10/24/08; REP, 2026 MAR, Notice No. 2025-126, Eff. 4/11/26.

Mont. Admin. R. 24.180.604 Out-of-State Applicants

(1) Out-of-state applicants for a master or journeyman plumber's license may provide proof of prior licensing in another state by submitting a copy or copies of the license(s) held along with a certified letter of verification from the state or local licensing agency stating date of licensure and requirements for licensure. If the qualifications from the state of original licensure are not equivalent to Montana's, the applicant will receive credit for the years required by the original state, but will need to provide the additional year's documentation as required by (2).

(2) Applicants from states with no journeyman or master licensing shall provide a notarized statement or letter from a qualified individual(s) acceptable to the board, with direct knowledge of the applicant's qualitative and quantitative plumbing experience equivalent to five years for the journeyman license and nine years for the master license.

History

Authorizing statute(s): 37-69-202, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 1995 MAR p. 466, Eff. 3/31/95; AMD, 1996 MAR p. 2426, Eff. 9/20/96; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2007 MAR p. 471, Eff. 4/13/07.

Mont. Admin. R. 24.180.607 Temporary Practice Permits

(1) An applicant for journeyman or master plumber license shall be issued a temporary practice permit to perform only journeyman plumber functions upon approval of the applicant to take the examination for the licensure sought and upon receipt of the appropriate fees. Master applicants holding temporary practice permits may not perform plumbing functions requiring a master plumber license.

(2) A temporary practice permit terminates 110 days after issuance, or upon the applicant's fourth failure of the written examination, or upon the applicant's failure of the practical examination with a score of less than 65 percent, whichever occurs first.

(3) A second temporary practice permit will be issued to an applicant who scores between 65 and 69 percent on the practical examination or, in the board's discretion, to an applicant unable to take the practical examination for which the applicant is scheduled due to a documented hardship.

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-305, MCA
History: NEW, 1996 MAR p. 2426, Eff. 9/20/96; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2005 MAR p. 2460, Eff. 12/9/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2008 MAR p. 2271, Eff. 10/24/08.

Mont. Admin. R. 24.180.608 Reissuance of License on Active Status Following Retirement

(1) A plumber whose license has been placed on retirement status pursuant to 37-69-311, MCA, may have the license reissued on active status by submitting a written request together with a renewal fee.

(2) In the event a license has been on retirement status for more than three years at the time a request to have the license reissued on active status is received, the retired plumber must pass the written licensure examination before the license may be reissued.

History

Authorizing statute(s): 37-1-131, 37-69-202, MCA
Implementing statute(s): 37-69-311, MCA
History: NEW, 2008 MAR p. 2271, Eff. 10/24/08.

Subchapter 24.180.7 Medical Gas Endorsement

Mont. Admin. R. 24.180.701 Medical Gas Endorsement Required - Definitions

(1) Any person performing the installation of a medical gas system(s) in the state of Montana shall first obtain an endorsement from the board.

(2) The installation of a medical gas system(s) includes, but is not limited to, the layout, cutting, joint preparation, fitting, purging and brazing, or any other joint making or assembly process required to install a medical gas system(s) .

(3) The following definitions apply to this subchapter:

(a) "ASSE" means the American Society of Sanitary Engineering.

(b) "Certification" means an accreditation from an approved training program, acceptable to the board, which issues documentation such as diplomas, cards or certificates which provide proof the applicant has successfully completed training in the installation of medical gas systems, pursuant to the requirements imposed by NFPA 99C and Section IX of the ASME Welding and Brazing Code.

(c) "Endorsement" means the approval issued by the board, signified by an endorsement card or other credential, which authorizes a person to install medical gas systems within the state of Montana.

(d) "NFPA" means the National Fire Protection Association.

History

Authorizing statute(s): 37-69-202, 37-69-401, MCA
Implementing statute(s): 37-69-402, MCA
History: NEW, 1995 MAR p. 2798, Eff. 12/22/95; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472.

Mont. Admin. R. 24.180.704 Application for Medical Gas Piping Endorsement

(1) Any person required to obtain a medical gas endorsement shall make application to the board on the form prescribed by the board.

(2) Application for endorsement shall include:

(a) a completed and signed application;

(b) documentation that provides proof the applicant has successfully completed an approved training program which meets the criteria of ASSE series 6000 professional qualification standards and a third-party testing source acceptable to the board, and has obtained certification in the installation of medical gas systems, based on NFPA 99C and Section IX of the ASME Welding and Brazing Codes; and

(3) The board will review applications for endorsement on a case-by-case basis and issue endorsements to those applicants meeting the requirements imposed by 37-69-401, MCA.

(4) The board may, at its discretion, require additional documentation from an applicant to verify compliance with the requirements imposed by 37-69-401, MCA.

History

Authorizing statute(s): 37-1-131, 37-69-202, 37-69-401, MCA
Implementing statute(s): 37-69-401, MCA
History: NEW, 1995 MAR p. 2798, Eff. 12/22/95; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2008 MAR p. 2271, Eff. 10/24/08.

Mont. Admin. R. 24.180.707 Renewal of Endorsement

(1) All medical gas endorsements must be renewed on or before the date set by ARM 24.101.413. Each endorsement holder must submit a renewal form, an attestation of current certification, and the required renewal fee.

History

Authorizing statute(s): 37-1-141, 37-69-202, 37-69-401, MCA
Implementing statute(s): 37-1-141, 37-69-401, MCA
History: NEW, 1995 MAR p. 2798, Eff. 12/22/95; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2021 MAR p. 329, Eff. 3/27/21.

Mont. Admin. R. 24.180.710 Endorsement Verification

(1) Any person performing work on a medical gas system(s) installation shall have his or her endorsement credentials on their person at all times.

(2) Any person performing work on a medical gas system(s) installation shall present his or her endorsement credentials for examination when requested to do so by any party authorized to examine the credentials.

History

Authorizing statute(s): 37-69-202, 37-69-401, MCA
Implementing statute(s): 37-69-401, MCA
History: NEW, 1995 MAR p. 2798, Eff. 12/22/95; TRANS, from Commerce, 2004 MAR p. 1472.

Subchapter 24.180.21 Renewals

Mont. Admin. R. 24.180.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-101, 37-1-141, 37-69-202, MCA
Implementing statute(s): 37-1-141, MCA
History: Eff. 12/31/72; AMD, Eff. 1/3/76; AMD, 1979 MAR p. 41, Eff. 1/26/79; AMD, 1979 MAR p. 738, Eff. 7/13/79; AMD, 1979 MAR p. 1685, Eff. 12/28/79; AMD, 1981 MAR p. 957, Eff. 8/28/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 592, Eff. 3/26/82; AMD, 1983 MAR p. 1717, Eff. 1/1/84; AMD, 1984 MAR p. 1181, Eff. 8/31/84; AMD, 1995 MAR p. 466, Eff. 3/31/95; AMD, 1996 MAR p. 2426, Eff. 9/20/96; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2017 MAR p. 189, Eff. 2/4/17.

Mont. Admin. R. 24.180.2102 Continuing Education Requirements

(1) Each journeyman or master plumber shall obtain at least four hours of board-approved continuing education (CE) annually.

(a) Licensees shall affirm an understanding of their recurring duty to comply with CE requirements as a part of license renewal.

(b) New licensees are exempt from the requirements during their first renewal cycle. Licensees changing from journeyman to master plumber licenses are not exempt from completing at least four hours of CE.

(2) CE must be designed to advance the knowledge and skills of licensees. A licensee may receive credit only for CE courses that have received prior approval of the curriculum by the board or the department and to which a course approval number has been assigned by the department. Course approval expires when changes in plumbing code, statutes, or rules necessitate.

(a) Course curriculum must be based on:

(i) the adopted state plumbing code;

(ii) Title 37, chapter 69, MCA, pertaining to licensure of plumbers;

(iii) Title 50, chapter 60, MCA, pertaining to building codes and permit requirements;

(iv) ARM Title 24, chapter 180, pertaining to the board's rules;

(v) ARM 24.301.301 through 24.301.351, pertaining to building code plumbing matters; or

(vi) other subjects related to the plumbing industry, as approved by the board.

(b) Course instructors shall be, as of the date of the course approval application and at all times while providing CE instruction:

(i) a certified CE instructor employed by the International Association of Plumbing and Mechanical Officials;

(ii) a plumbing CE instructor approved in a state that has a plumbing license reciprocity agreement with the board, if the instructor has also successfully completed the International Association of Plumbing and Mechanical Officials' "train the trainer" course for the Uniform Plumbing Code; or

(iii) licensed as a journeyman or master plumber in a state or jurisdiction that has adopted the Uniform Plumbing Code, if the instructor:

(A) has no former or pending disciplinary actions against the instructor's plumbing license in any jurisdiction, unless the board is satisfied that the conduct has been adequately addressed through compliance with sanctions imposed; and

(B) either:

(I) is a Uniform Plumbing Code inspector for an authority having jurisdiction, as that term is defined in the Uniform Plumbing Code;

(II) is an apprenticeship training instructor for a union in a jurisdiction that has adopted the Uniform Plumbing Code;

(III) is certified as a plumbing inspector by the International Association of Plumbing and Mechanical Officials; or

(IV) has successfully completed the International Association of Plumbing and Mechanical Officials' "train the trainer" course for the Uniform Plumbing Code.

(c) Course sponsors shall provide the department with a minimum of 15 working days prior notice of the time and place of every course or seminar.

(d) Course sponsors shall provide each person completing a CE course with a completion certificate. The completion certificate must contain all of the following information:

(i) the date of course;

(ii) the location of course;

(iii) the name of instructor(s);

(iv) the name of licensee completing the course;

(v) the state assigned course approval number; and

(vi) the number of completed hours of instruction.

(3) For quality assurance or evaluation purposes, representatives of the department or the board may audit the course for content without charge. Such a person shall not receive or be issued a certificate of completion for that course.

(4) The board may randomly audit up to 50 percent of all renewed active licensees.

(a) Licensees shall retain course completion certificates for a minimum of three years and make the records available upon board request.

(5) Licensees found to be in noncompliance with CE requirements may be subject to administrative suspension.

(6) Licensees may request exemption from CE requirements due to hardship. Requests will be considered by the board.

(7) If a licensee does not timely file a renewal application, and thereafter files a late renewal application, the licensee must provide documentary proof of completing the required CE.

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-141, 37-1-306, 37-1-319, MCA
History: NEW, 2006 MAR p. 764, Eff. 12/9/05; AMD, 2017 MAR p. 189, Eff. 2/4/17; AMD, 2021 MAR p. 329, Eff. 3/27/21.

Mont. Admin. R. 24.180.2103 Qualifications - Continuing Education Provider

(1) An applicant for continuing education provider approval shall submit:

(a) a completed board-approved provider application with the required fees;

(b) a completed board-approved application for each course with the required fees;

(d) documented proof from the provider that instructors are credentialed as outlined in ARM 24.180.2102(2)(b);

(e) a syllabus of each course; and

(f) documented proof of the course curriculum as outlined in ARM 24.180.2102(2)(a).

(2) Application and course approval will be at the discretion of the board.

(3) Courses will expire on September 1 of the year in which a subsequent code is adopted. The board may also withdraw course approval at any time upon a determination by the board that amendments to statutes or rules make withdrawal of approval necessary or proper, or upon any other reasonable basis.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-69-202, MCA
Implementing statute(s): 37-1-306, 37-1-319, MCA
History: NEW, 2010 MAR p. 1609, Eff. 7/16/10.

Subchapter 24.180.23 Unprofessional Conduct

Mont. Admin. R. 24.180.2301 Unprofessional Conduct

(1) The following conduct is deemed by the board to be unprofessional conduct:

(a) failing to timely correct violations of the Montana State Building Code, which is provided for in Title 50, chapter 60, MCA. Whether a violation has been timely corrected must be determined in light of the seriousness of the violation and all other factors deemed relevant by the board;

(b) being adjudicated under Title 39, MCA, by the court or agency having jurisdiction as having violated any workers' compensation, unemployment insurance, or independent contractor law in Montana, while working in the field of plumbing;

(d) violating any requirement found in Title 37, chapters 1 or 69, MCA, or ARM Title 24, chapters 101 or 180;

(e) being found guilty or admitting to sufficient facts in relation to, or pleading guilty or nolo contendre to a crime in any jurisdiction, whether felony or misdemeanor, regardless of adjudication or sentence, that relates to the practice of plumbing or the ability to safely and effectively practice plumbing, including, but not limited to, violations of any state or federal laws or regulations regarding plumbing;

(f) aiding or abetting a person to engage in conduct amounting to unprofessional conduct;

(g) failing to respond to the board or the department within 30 days of the date when a correspondence has been mailed to the current address of the licensee on file with the board;

(h) allowing false or misleading advertising in relation to the licensee's business as it relates to the field of plumbing;

(i) engaging in a commercial activity that conflicts with responsibility to clients or to other licensees or apprentices; and

(j) failing or refusing to 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.

(2) Upon a finding of unprofessional conduct as defined in (1), determined in accordance with the Montana Administrative Procedure Act, the board may impose sanctions, including, but not limited to, those allowed pursuant to 37-1-136 and 37-1-312, MCA; any additional cost or expense incurred by a licensee as a result of a sanction is the burden of the licensee. As additional forms of sanction, and without limiting the availability of any other sanction allowed by law, the board may:

(a) require a specific ratio among the different types of licensees who are in the employment of a disciplined licensee;

(b) require a specific ratio among the different types of licensees among whom a disciplined licensee is allowed to work;

(d) limit the licensee's scope of practice.

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-69-202, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, MCA
History: NEW, 2012 MAR p. 1635, Eff. 8/10/12; AMD, 2014 MAR p. 974, Eff. 5/9/14.

Subchapter 24.180.24 Complaint Procedures

Mont. Admin. R. 24.180.2401 Complaint Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-69-202, MCA
Implementing statute(s): 37-1-308, 37-1-309, MCA
History: NEW, 1996 MAR p. 2426, Eff. 9/20/96; AMD, 2000 MAR p. 825, Eff. 3/31/00; TRANS, from Commerce, 2004 MAR p. 1472; REP, 2017 MAR p. 189, Eff. 2/4/17.

Mont. Admin. R. 24.180.2404 Screening Panel

(1) The board chair shall assign members to the screening panel.

(2) The board chair may replace or reassign panel members, but the screening panel shall always have at least one licensed journeyman plumber or one licensed master plumber as a member.

History

Authorizing statute(s): 37-69-202, MCA
Implementing statute(s): 37-1-144, 37-1-307, MCA
History: NEW, 1996 MAR p. 2426, Eff. 9/20/96; TRANS, from Commerce, 2004 MAR p. 1472; AMD, 2026 MAR, Notice No. 2025-126, Eff. 4/11/26.

Chapter 24.181 Board of Private Alternative Adolescent Residential or Outdoor Programs (repealed)

Subchapter 24.181.3 Definitions

Mont. Admin. R. 24.181.301 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-48-103, MCA
Implementing statute(s): 37-1-131, 37-48-103, MCA
History: NEW, 2005 MAR p. 2677, Eff. 12/23/05; AMD, 2009 MAR p. 1478, Eff. 8/28/09; AMD, 2011 MAR p. 1684, Eff. 8/26/11; REP, 2020 MAR p. 44, Eff. 1/18/20.

Authorizing statute(s): 37-1-131, 37-48-103, MCA
Implementing statute(s): 37-1-131, 37-48-101, 37-48-103, MCA
History: NEW, 2005 MAR p. 2677, Eff. 12/23/05; REP, 2020 MAR p. 44, Eff. 1/18/20.

Authorizing statute(s): 37-48-103, 37-48-115, MCA
Implementing statute(s): 37-48-103, 37-48-115, MCA
History: NEW, 2005 MAR p. 2677, Eff. 12/23/05; AMD, 2011 MAR p. 1684, Eff. 8/26/11; REP, 2020 MAR p. 44, Eff. 1/18/20.

Authorizing statute(s): 37-48-113, MCA
Implementing statute(s): 37-48-113, MCA
History: NEW, 2009 MAR p. 1478, Eff. 8/28/09; REP, 2020 MAR p. 44, Eff. 1/18/20.

Authorizing statute(s): 37-48-113, MCA
Implementing statute(s): 37-48-113, MCA
History: NEW, 2009 MAR p. 1478, Eff. 8/28/09; REP, 2020 MAR p. 44, Eff. 1/18/20.

Authorizing statute(s): 37-48-113, MCA
Implementing statute(s): 37-48-113, MCA
History: NEW, 2009 MAR p. 1478, Eff. 8/28/09; REP, 2020 MAR p. 44, Eff. 1/18/20.

Subchapter 24.181.21 Renewals/Continuing Education

Mont. Admin. R. 24.181.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-48-103, 37-48-113, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-1-141, 37-48-103, 37-48-113, MCA
History: NEW, 2008 MAR p. 1031, Eff. 5/23/08; AMD, 2009 MAR p. 870, Eff. 5/29/09; AMD, 2011 MAR p. 1684, Eff. 8/26/11; AMD, 2013 MAR p. 965, Eff. 6/7/13; REP, 2020 MAR p. 44, Eff. 1/18/20.

Chapter 24.182 Private Security Program

Subchapter 24.182.1 Organizational Rule

Mont. Admin. R. 24.182.101 Board Organization

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 9/4/74; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 589, Eff. 4/13/84; TRANS, from Commerce, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Subchapter 24.182.2 Procedural Rules

Mont. Admin. R. 24.182.201 Procedural Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 9/4/74; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 589, Eff. 4/13/84; TRANS, from Commerce, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2017 MAR p. 1957, Eff. 10/28/17; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.202 Public Participation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1984 MAR p. 589, Eff. 4/13/84; TRANS, from Commerce, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Subchapter 24.182.3 Definitions

Mont. Admin. R. 24.182.301 Definitions

(1) “Employed” as used in 37-60-101, MCA, means a person who works for another for hire and includes an independent contractor under 39-71-417, MCA.

(2) "POST" means the Montana Public Safety Officer Standards and Training Council.

(3) “Private security firm” regarding the requirement for a firm license in 37-60-301, MCA, does not include a security guard who is a sole proprietor or other business entity with the owner/operator as the sole employee.

(4) "Provisional permit" means the "probationary identification card" used in 37-60-202, MCA, and may also be referred to as a "training permit."

(5) "Retail merchant" as used in 37-60-105, MCA, means a person who operates a store and sells goods to individuals solely for their own use.

(6) "Weapon" as used in 37-60-405, MCA, means TASER devices, OC (pepper) sprays manufactured for security industry use, and collapsible batons, each of which security personnel receive training before using on duty. The term does not include firearms.

History

Authorizing statute(s): 37-60-202, MCA
Implementing statute(s): 37-60-101, 37-60-105, 37-60-202, 37-60-303, 37-60-405, MCA
History: NEW, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1986 MAR p. 946, Eff. 5/30/86; AMD, 1986 MAR p. 1697, Eff. 10/17/86; AMD, 1987 MAR p. 1779, Eff. 10/16/87; AMD, 1990 MAR p. 1772, Eff. 9/14/90; AMD, 1997 MAR p. 633, Eff. 4/8/97; TRANS, from Commerce, & AMD, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2010 MAR p. 1194, Eff. 5/14/10; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23; AMD, 2025 MAR, Notice No. 2025-22, Eff. 12/6/25.

Subchapter 24.182.4 General Provisions

Mont. Admin. R. 24.182.401 Fee Schedule

(1) License application fees:

(a) All license types - $80

(b) Armed endorsement for security guard and private investigator - $50

(2) License renewal fees:

(a) All license types - $80

(b) Armed endorsement for security guard and private investigator - $50

History

Authorizing statute(s): 37-1-134, 37-60-202, MCA
Implementing statute(s): 25-1-1104, 37-1-134, 37-1-141, 37-60-202, 37-60-304, MCA
History: NEW, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2006 MAR p. 2918, Eff. 11/23/06; AMD, 2008 MAR p. 951, Eff. 5/9/08; AMD, 2010 MAR p. 1194, Eff. 5/14/10; AMD, 2011 MAR p. 2537, Eff. 11/26/11; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23; AMD, 2025 MAR, Notice No. 2025-22, Eff. 12/6/25.

Mont. Admin. R. 24.182.403 Photo Identification Card

(1) All licensed security guards, alarm installers, private investigators, and trainees under a private investigator’s supervision must:

(a) wear a laminated photograph identification card that complies with the specifications in (3);

(b) update the photograph when needed to clearly and accurately represent the licensee’s current appearance; and

(2) Private and electronic security firms must:

(a) provide identification cards for the security guards and alarm installers they employ;

(b) ensure the cards are worn or carried by the licensees while performing services and shown upon request; and

(3) Each card must be the size of a standard credit card laminated or made with durable materials and contain the following on the front of the card:

(a) a clear, recent photograph of the individual displayed prominently on the card;

(b) the first and last name of the individual;

(d) the name of the firm;

(e) the supervising private investigator if applicable;

(f) the individual's license number preceded by the words "the Department of Labor and Industry License Number";

(g) the card issuance date; and

(h) the QR code from the department-issued license.

History

Authorizing statute(s): 37-60-202, MCA
Implementing statute(s): 37-60-101, 37-60-407, MCA
History: NEW, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1987 MAR p. 1779, Eff. 10/16/87; TRANS, from Commerce, & AMD, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23; AMD, 2025 MAR, Notice No. 2025-22, Eff. 12/6/25.

Mont. Admin. R. 24.182.405 Insurance and Surety Bond Requirements

(1) The following licenses must carry insurance in the following amounts and types:

(a) Private investigators - a minimum of $500,000 occurrence form of commercial general liability which includes personal injury.

(b) Electronic security companies - a minimum of $500,000 occurrence form of commercial general liability which includes personal injury and errors and omissions coverage.

(c) Private security firms - a minimum of $500,000 occurrence form of commercial general liability which includes personal injury.

(d) Private security firearms instructors - a minimum of $500,000 occurrence form of commercial general liability which includes personal injury and errors and omissions coverage.

(e) Private security guards - a minimum of $500,000 occurrence form of commercial general liability which includes personal injury, if not employed by a private security firm that provides the insurance per (1)(c).

(2) Process servers must maintain a surety bond in the amount of $10,000 for an individual or $100,000 for a firm. A levying officer may not levy on a judgment that exceeds the value of the bond.

(3) The following licensees must carry firearms liability insurance coverage:

(a) armed private investigators;

(b) private security firearms instructors;

(d) private security firms who employ armed private security guards.

(4) An insurance carrier providing insurance under this rule must be:

(a) licensed in the state in which the insurance was purchased and covered by that state's insolvency fund; or

(b) licensed in the state of Montana.

(5) Licensees subject to this rule must:

(a) immediately inform the department of the cancellation or lapse of required insurance coverage or surety bond; and

(b) direct and authorize the insurance carrier to inform the department of cancellation or lapse of the licensee's required coverage or surety bond.

(6) Licensees must maintain the insurance coverage or surety bond required by this rule at all times of active licensure status.

History

Authorizing statute(s): 37-60-202, MCA
Implementing statute(s): 25-1-1111, 37-60-202, MCA
History: NEW, 1984 MAR p. 815, Eff. 5/18/84; AMD, 1986 MAR p. 946, Eff. 5/30/86; AMD, 1986 MAR p. 1898, Eff. 11/15/86; AMD, 1987 MAR p. 1779, Eff. 10/16/87; AMD, 1990 MAR p. 1772, Eff. 9/14/90; AMD, 1993 MAR p. 2413, Eff. 10/15/93; AMD, 1997 MAR p. 633, Eff. 4/8/97; TRANS, from Commerce, & AMD, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23; AMD, 2025 MAR, Notice No. 2025-22, Eff. 12/6/25.

Mont. Admin. R. 24.182.407 Private Security Guard Uniform and Property Branding

(1) All private security guards must wear a uniform that complies with this rule while on duty.

(2) Private security firms must provide uniforms to all employed guards.

(3) Security guard uniforms must:

(a) clearly display in block letters in a color and reflective material that contrasts with the fabric color, the words "security," "security officer," or "security guard" across the front of any cap and across the back of any shirt, vest, or overcoat to be visible at night, in low light, and at a reasonable distance; and

(b) clearly display the employer’s company name in full and the words "security guard" above the left chest pocket area on the front of any shirt, vest, or overcoat on a patch no less than one inch by three inches.

(4) Security vehicles must have "security" clearly displayed on each side of the vehicle.

(5) Uniforms, vehicles, and equipment must not display any accessory, emblem, insignia, patch, seal, or term that is like any used by any foreign, tribal, federal, state, or local law enforcement agency.

History

Authorizing statute(s): 37-60-407, MCA
Implementing statute(s): 37-60-407, MCA
History: NEW, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1992 MAR p. 1236, Eff. 6/12/92; TRANS, from Commerce, & AMD, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23; AMD, 2025 MAR, Notice No. 2025-22, Eff. 12/6/25.

Mont. Admin. R. 24.182.410 Substantial Equivalency

(1) The department adopts and incorporates by reference the 2025 substantial equivalency list for the Private Security Program publication. The publication is available on the department’s website.

(2) The department intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2025-404, Eff. 4/11/26.

Mont. Admin. R. 24.182.413 Rules for Branch Office

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-60-202, MCA
Implementing statute(s): 37-60-302, MCA
History: NEW, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1997 MAR p. 633, Eff. 4/8/97; TRANS, from Commerce, 2005 MAR p. 1926, Eff. 10/7/05; REP, 2006 MAR p. 2918, Eff. 11/23/06.

Mont. Admin. R. 24.182.420 Qualification for Armed Endorsement

(1) To qualify for an armed endorsement, an applicant must have:

(a) a current Montana license in good standing as a private investigator or a private security guard;

(b) successfully completed the firearms training program meeting the requirements of ARM 24.182.801, including proof that the applicant qualified with the firearms the applicant will use on duty.

(2) Licensees issued an armed endorsement are approved to wear, carry, or possess the firearms they qualified with, in the performance of licensed duties.

(3) To maintain the endorsement, the endorsee must keep the license in (1)(a) current and in good standing and submit proof of an annual shooting proficiency test using the firearms the armed licensee will use on duty, conducted by a POST-certified firearms instructor or a private security firearms instructor.

History

Authorizing statute(s): 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-60-101, 37-60-202, 37-60-303, 37-60-405, MCA
History: NEW, 2006 MAR p. 2918, Eff. 11/23/06; AMD, 2010 MAR p. 1194, Eff. 5/14/10; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.421 Requalification Required Annually

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-60-202, 37-60-303, 37-60-405, MCA
History: NEW, 2006 MAR p. 2918, Eff. 11/23/06; AMD, 2010 MAR p. 1194, Eff. 5/14/10; AMD, 2017 MAR p. 1957, Eff. 10/28/17; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Subchapter 24.182.5 Licensure

Mont. Admin. R. 24.182.501 Application - Fingerprints

(1) Applicants required to submit fingerprints must first submit a license application and acknowledgement of rights before they take the necessary steps to submit a set of fingerprints to the Montana Department of Justice for examination and issuance of a criminal record history report to the department from the Federal Bureau of Investigation.

(2) A fingerprint report is valid for six months from the date of the department's receipt of the report.

(3) An incomplete application expires one year after initial submission, and the applicant must reapply, pay a new application fee, and cause the department to receive a new fingerprint report to be considered for licensure.

History

Authorizing statute(s): 37-60-202, MCA
Implementing statute(s): 37-60-303, 37-60-304, MCA
History: NEW, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1986 MAR p. 946, Eff. 5/30/86; AMD, 1990 MAR p. 1772, Eff. 9/14/90; AMD, 1997 MAR p. 633, Eff. 4/8/97; TRANS, from Commerce, & AMD, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2006 MAR p. 2918, Eff. 11/23/06; AMD, 2010 MAR p. 1194, Eff. 5/14/10; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.503 Experience Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-1-131, 37-60-301, 37-60-303, 37-60-304, MCA
History: NEW, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1986 MAR p. 946, Eff. 5/30/86; AMD, 1993 MAR p. 2413, Eff. 10/15/93; AMD, 1997 MAR p. 633, Eff. 4/8/97; AMD, 1998 MAR p. 2705, Eff. 10/9/98; TRANS, from Commerce, & AMD, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2008 MAR p. 951, Eff. 5/9/08; AMD, 2010 MAR p. 1194, Eff. 5/14/10; REP, 2017 MAR p. 1957, Eff. 10/28/17.

Mont. Admin. R. 24.182.504 Military Training or Experience

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 1087, Eff. 5/23/14; AMD, 2017 MAR p. 1957, Eff. 10/28/17; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.505 Written Examinations

(1) Process server and private investigator applicants must take a written examination and achieve a minimum score of 70 percent on each part of the exam to pass.

(2) Applicants must schedule examinations by appointment with the department.

(3) A fee paid directly to the examination proctor, administrator, or vendor may apply in addition to the department's examination fee.

(4) Applicants must:

(a) present the proctor with photo identification and authorization to sit for the examination;

(b) deposit with the proctor all electronic devices, books, notebooks, and other papers prior to taking the examination; and

(5) Process server examinations have a two-hour time limit and examinees may utilize the process server handbook.

(6) Private investigator examinations have no time limit.

(7) An applicant may retake any failed section of the examination upon payment of another examination fee.

(8) Examinations required for armed status are not subject to this rule.

History

Authorizing statute(s): 37-60-202, MCA
Implementing statute(s): 25-1-1104, 37-60-303, MCA
History: NEW, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1990 MAR p. 1772, Eff. 9/14/90; TRANS, from Commerce, & AMD, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2006 MAR p. 2918, Eff. 11/23/06; AMD, 2010 MAR p. 1194, Eff. 5/14/10; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.507 Provisional Permit – Private Investigator Trainees

(1) An applicant for a private investigator license who does not meet the experience or examination requirements may apply for a provisional permit and work as a trainee under ARM 24.182.512 and 24.182.804.

(2) A provisional permit under this rule is subject to annual renewal and is valid until the applicant is issued a license, or until the applicant:

(a) fails the first examination for which the applicant is eligible after the department issues the permit; or

(b) exceeds the time limit to complete the work experience.

History

Authorizing statute(s): 37-60-202, MCA
Implementing statute(s): 37-60-202, MCA
History: NEW, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1986 MAR p. 946, Eff. 5/30/86; AMD, 1987 MAR p. 1779, Eff. 10/16/87; AMD, 1990 MAR p. 1772, Eff. 9/14/90; AMD, 1992 MAR p. 1236, Eff. 6/12/92; AMD, 1997 MAR p. 633, Eff. 4/8/97; TRANS, from Commerce, & AMD, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2010 MAR p. 1194, Eff. 5/14/10; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23; AMD, 2025 MAR, Notice No. 2025-22, Eff. 12/6/25.

Mont. Admin. R. 24.182.508 Nonroutine Applications

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2021 MAR p. 556, Eff. 5/15/21; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.509 Inactive Status and Conversion to Active Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-319, MCA
History: NEW, 2017 MAR p. 1957, Eff. 10/28/17; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.510 Applicants with Criminal Convictions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.511 Private Investigator Trainee

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-60-202, MCA
Implementing statute(s): 37-1-131, 37-60-202, MCA
History: NEW, 1986 MAR p. 46, Eff. 5/30/86; AMD, 1990 MAR p. 1772, Eff. 9/14/90; AMD, 1997 MAR p. 633, Eff. 4/8/97; AMD, 1998 MAR p. 2705, Eff. 10/9/98; TRANS, from Commerce, & AMD, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 1194, Eff. 5/14/10; AMD, 2017 MAR p. 1957, Eff. 10/28/17; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.512 Private Investigator License Qualifications – Training Permit

(1) In addition to the qualifications for licensure in 37-60-303, MCA, each private investigator applicant must have:

(a) passed a written examination per ARM 24.182.505;

(b) must submit proof of insurance per ARM 24.182.405; and

(i) governmental or military employment as a peace officer, detective, special agent, or another investigative position;

(ii) employment in the fire investigative business or as a fire investigator;

(iii) employment as a licensed insurance investigator, with a maximum allowable 2,700 hours; or

(iv) investigative employment approved by the department that is exempt from private investigator licensure in this state.

(2) Applicants who do not meet the experience requirement in (1)(c) may count up to 2,700 hours of training or education as follows:

(a) successful completion and verification of the peace officer basic course at the Montana Law Enforcement Academy;

(b) training related to the scope of practice of a private investigator, as defined in 37-60-101, MCA; or

(3) An applicant who does not meet the total hours of experience requirements in (1) or (2) may apply for a provisional permit to train as a private investigator under the training program per ARM 24.182.804 to complete the remaining number of hours.

(4) The experience in (1) and training in (2) may be combined to reach the total of 5,400 hours required for licensure.

(5) Training permits may be renewed a maximum of four times.

History

Authorizing statute(s): 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-60-202, 37-60-303, 37-60-304, MCA
History: NEW, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.513 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-141, 37-60-202, MCA
Implementing statute(s): 37-1-141, MCA
History: NEW, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1997 MAR p. 633, Eff. 4/8/97; TRANS, from Commerce, & AMD, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.514 Private Security Guard

(1) In addition to the requirements of 37-60-303, MCA, each security guard applicant must have verification of:

(a) successful completion of the training program required by ARM 24.182.807; and

(b) employment by a private security firm or other employer per ARM 24.182.301.

(2) The verifications in (1) are not required to be submitted until after the fingerprint background check is successfully completed but are required as a final condition for the department to issue a license.

History

Authorizing statute(s): 2-4-201, 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-60-101, 37-60-202, 37-60-303, 37-60-304, MCA
History: NEW, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23; AMD, 2025 MAR, Notice No. 2025-22, Eff. 12/6/25.

Mont. Admin. R. 24.182.516 Process Server

(1) In addition to the requirements of 25-1-1102 and 37-60-303, MCA, each process server applicant must have:

(a) passed a written examination per ARM 24.182.505; and

(b) a surety bond per ARM 24.182.405.

History

Authorizing statute(s): 37-60-202, 37-60-303, MCA
Implementing statute(s): 25-1-1101, 25-1-1102, 25-1-1111, 37-60-202, 37-60-303, 37-60-304, MCA
History: NEW, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.518 Security Alarm Installer

(1) In addition to the requirements of 37-60-303, MCA, each security alarm installer applicant must have:

(a) verification of successful completion of the training program required by ARM 24.182.810; and

(b) verification of employment by an electronic security firm as a final condition for the department to issue the license.

History

Authorizing statute(s): 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-60-202, 37-60-303, 37-60-304, MCA
History: NEW, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.519 Alarm Response Runner

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-1-131, 37-60-202, 37-60-303, 37-60-304, MCA
History: NEW, 2017 MAR p. 1957, Eff. 10/28/17; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.520 Private Security Firearms Instructor Qualifications – Age Limits on Ammunition

(1) In addition to the requirements of 37-60-303, MCA, each private security firearms instructor applicant must have:

(a) the insurance required by ARM 24.182.405; and

(b) successfully completed a firearms instructor training course conducted by any of the following:

(i) National Rifle Association (NRA);

(ii) Public Safety Officer Standards and Training Council (POST);

(iii) United States military; or

(iv) federal law enforcement.

(2) An applicant must provide a detailed curriculum outline required by ARM 24.182.801 for department approval.

(3) To maintain licensure as a private security firearms instructor, the licensee must:

(a) maintain insurance required by ARM 24.182.405; and

(b) conduct at least one department-approved firearms course annually or recertify as an instructor every five year.

(4) Instructors may only offer courses in which they have been approved by the department to instruct.

History

Authorizing statute(s): 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-60-202, 37-60-303, MCA
History: NEW, 2006 MAR p. 2918, Eff. 11/23/06; AMD, 2010 MAR p. 1194, Eff. 5/14/10; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.523 Resident Manager

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-1-131, 37-60-202, 37-60-303, 37-60-304, MCA
History: NEW, 2017 MAR p. 1957, Eff. 10/28/17; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.525 Security Firm Licensure

(1) In addition to the requirements of 37-60-303, MCA, electronic and private security firm applicants must submit:

(a) proof of registration or filing with the Montana Secretary of State's office, if required by the type of firm ownership or by use of an assumed name;

(b) the type of ownership organization (individual, partnership, limited liability company, or corporation) and the names and addresses of the owners, partners, members, or principal officers of the organization;

(c) the names and contact information for the designated manager, the principal office, and any branch office located in Montana;

(d) a list of all types of firearms and weapons that employees will use; and

(e) the insurance coverage required by ARM 24.182.405.

(2) A security firm must update information provided under this rule within 10 days of any change.

(3) A security firm must notify the department within 10 days of the termination of employment of individual security guards or security alarm installers.

History

Authorizing statute(s): 37-60-202, MCA
Implementing statute(s): 37-60-202, 37-60-303, MCA
History: NEW, 2006 MAR p. 2918, Eff. 11/23/06; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23.

Subchapter 24.182.8 Training Programs

Mont. Admin. R. 24.182.801 Firearms Training Courses - Initial Qualification and Requalification

(1) Firearms training courses must meet the objectives of firearm safety and shooting proficiency, with emphasis on shooting distances of less than 15 yards.

(2) Firearms training courses must address the following issues for initial qualification:

(a) firearm familiarization, including:

(i) safety levers;

(ii) decocking levers;

(iii) magazine release;

(iv) slide-lock release; and

(v) reloading;

(b) safe handling of the firearm, emphasizing:

(i) negligent discharge;

(ii) muzzle direction;

(iii) dropping a firearm;

(iv) finger on trigger;

(v) proper grip;

(vi) sight picture;

(vii) proper holstering;

(viii) firearm retention;

(ix) management of malfunctions; and

(x) firearms in the home;

(d) shooting judgment; and

(e) shooting proficiency using the firearm or firearms the licensee will use on duty.

(3) To requalify, an armed licensee must annually pass a shooting proficiency test conducted by a POST-certified firearms instructor or private security firearms instructor using the firearm or firearms the licensee will use on duty.

(4) The instructor must:

(a) require passage of a written test for initial qualification; and

(b) provide each successful participant for initial qualification and annual requalification a certificate that includes:

(i) the date or dates of course completion;

(ii) the name of the instructor;

(iii) if the course is an initial qualification or an annual requalification; and

(iv) the firearm or firearms used to qualify or requalify.

History

Authorizing statute(s): 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-60-202, 37-60-303, MCA
History: NEW, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.804 Private Investigator Training Program

(1) To receive experience credit for on-the-job training for licensure as a private investigator, the training must be:

(a) conducted under an employer-employee relationship with a private investigator supervisor who is licensed in good standing and without disciplinary action in the past five years;

(b) directly supervised to include daily contact and weekly meetings (in person or by videoconference); and

(c) documented by the trainee and signed off by the supervisor as directed by a form or online submission to the department on a quarterly basis.

(2) The content of the training must include:

(a) role and function of the private investigator;

(b) federal, state, and local statutes and rules applicable to the practice of private investigators;

(d) criminal justice administration and information;

(e) limitations on the use of force and self-defense and the use-of-force continuum;

(f) emergency procedures and hazardous material preparedness;

(g) interviews, interrogations, and report writing;

(h) crisis intervention;

(i) preservation of crime scene and handling of evidence;

(j) ethical and legal issues, including, but not limited to:

(i) Private Investigator Practice Act and related rules;

(ii) criminal law and criminal procedure;

(iii) confidentiality and right of privacy;

(iv) searches of persons and property;

(v) limitations on the power to arrest and detain suspects; and

(vi) treatment of juveniles, persons with physical or mental disabilities, and other special classes (e.g., gender, racial, religious, or cultural);

(k) distinctions between and special issues involved in the following types of investigations: accidents, arson, assets, background, civil, criminal, domestic, industrial/employee conduct, insurance, personal injury (other than auto), and missing person;

(l) investigative photography;

(m) surveillance; and

(n) skip tracing.

(3) Both a supervisor and a trainee must notify the department within 10 days of the termination of the trainee's employment.

History

Authorizing statute(s): 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-60-202, 37-60-303, MCA
History: NEW, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.807 Private Security Guard Training Program

(1) As a condition for the issuance of a private security guard license, applicants must successfully complete a minimum of 16 hours of training as follows and before practicing as a security guard:

(a) role and function of the security guard;

(b) federal, state, and local statutes and rules applicable to the practice of private security guards;

(d) limitations on the use of force and self-defense and the use-of-force continuum;

(e) emergency procedures and hazardous material preparedness;

(f) communication skills, report writing, and radio communication;

(g) crisis intervention and crowd control;

(h) patrol techniques; and

(i) ethical and legal issues, including, but not limited to:

(i) confidentiality and right of privacy;

(ii) searches of persons and property;

(iii) limitations on the power to arrest and detain suspects;

(iv) treatment of juveniles, persons with physical or mental disabilities, and other special classes (e.g., racial, religious, or cultural);

(v) preservation of crime scene and handling of evidence;

(vi) weapons or equipment other than firearms to be carried; and

(vii) preventing abuse of authority.

(2) Completion of the required training must be certified by:

(a) private security firms employing or intending to employ private security guards; or

(b) individual private security guards when the employer is not a private security firm.

(3) Training on policies, systems, and procedures internal to the employer may not be included within the total hours of training required by this rule.

History

Authorizing statute(s): 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-60-202, 37-60-303, MCA
History: NEW, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23; AMD, 2025 MAR, Notice No. 2025-22, Eff. 12/6/25.

Mont. Admin. R. 24.182.810 Security Alarm Installer Training Program

(1) Each electronic security company that employs or intends to employ an individual as a security alarm installer must certify, as a condition for the department to issue the license, that the individual has successfully completed a minimum of 16 hours of training as follows and before practicing as a security alarm installer:

(a) role and function of the security alarm installer;

(b) federal, state, and local statutes and rules applicable to the practice of security alarm installers;

(d) installation training, including:

(i) manufacturer's product training or industry standard training;

(ii) conducting site survey;

(iii) proper device placement;

(iv) wireless devices;

(v) central station monitoring;

(vi) false alarm prevention; and

(vii) troubleshooting;

(e) safety issues and the Montana Safety Culture Act, including, but not limited to:

(i) the proper use of tools and protective equipment;

(ii) working in enclosed spaces; and

(iii) the proper use and transportation of ladders; and

(f) emergency procedures and hazardous material preparedness.

(2) Training on policies, systems, and procedures internal to the employer may not be included within the total hours of training required by this rule.

History

Authorizing statute(s): 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-60-202, 37-60-303, MCA
History: NEW, 2017 MAR p. 1957, Eff. 10/28/17; AMD, 2023 MAR p. 1744, Eff. 12/9/23.

Mont. Admin. R. 24.182.813 Alarm Response Runner Training Program

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-60-202, 37-60-303, MCA
Implementing statute(s): 37-1-131, 37-60-202, 37-60-303, MCA
History: NEW, 2017 MAR p. 1957, Eff. 10/28/17; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, MCA
History: NEW, 2017 MAR p. 1957, Eff. 10/28/17; REP, 2023 MAR p. 1744, Eff. 12/9/23.

Subchapter 24.182.23 Unprofessional Conduct

Mont. Admin. R. 24.182.2301 Unprofessional Conduct

In addition to 37-1-410, MCA and provisions in Title 37, chapter 60, MCA and these rules, the following is unprofessional conduct:

(1) Becoming involved in investigations on behalf of a client with intent to break the law or to use the information unlawfully;

(2) Using the professional position of trust for illegal gains;

(3) Accepting investigations which conflict with previous or current investigations if the investigations are substantially related;

(4) Failing to provide a client with an accurate and factual report within a time frame specified by mutual agreement;

(5) Expressly or impliedly representing oneself as a member of law enforcement by conduct, dress, advertisement or other representation;

(6) Accepting an assignment from a client that is directly adverse to a present client or former client or if there is a significant risk that the assignment will materially limit the licensee's responsibilities to a present or former client;

(7) Failing to supervise, manage, train, or control auxiliary staff or other persons, including licensees, practicing under the licensee's supervision or control;

(8) Discontinuing professional services unless:

(a) services have been completed,

(b) the client requests the discontinuation,

(d) the client is given reasonable opportunity to arrange alternative or replacement services;

(9) Failing to account for funds received in connection with any services rendered or to be rendered;

(10) Failing to put in trust or otherwise properly segregate funds in connection with a specific project for a specific purpose; and

(11) Failing to show proof of licensure upon request of any member of the public or law enforcement agency.

History

Authorizing statute(s): 37-60-202, MCA
Implementing statute(s): 37-1-410, 37-60-202, 37-60-401, MCA
History: NEW, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1990 MAR p. 1772, Eff. 9/14/90; AMD, 1997 MAR p. 633, Eff. 4/8/97; TRANS, from Commerce, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2010 MAR p. 1194, Eff. 5/14/10; AMD, 2023 MAR p. 1744, Eff. 12/9/23; AMD, 2025 MAR, Notice No. 2025-22, Eff. 12/6/25.

Chapter 24.183 Board of Professional Engineers and Professional Land Surveyors

Subchapter 24.183.1 Organizational Rules

Mont. Admin. R. 24.183.101 Board Organization

(1) The Board of Professional Engineers and Professional Land Surveyors adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff 7/1/81; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.183.2 Procedural Rules

Mont. Admin. R. 24.183.201 Procedural Rules

(1) The Board of Professional Engineers and Professional Land Surveyors adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.183.202 Public Participation

(1) The Board of Professional Engineers and Professional Land Surveyors adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW 1978 MAR p. 77, Eff. 1/25/78; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.183.3 Definitions

Mont. Admin. R. 24.183.301 Standards of Responsible Charge for Professional Engineers and Land Surveyors

(1) A professional engineer in responsible charge shall:

(a) personally make engineering decisions, perform reviews, and consider alternatives or approve proposed technical decisions prior to their implementation;

(b) be physically present or available by electronic or voice communications prior to evaluation and implementation of technical decisions;

(d) be qualified and have sufficient knowledge to explain decisions related to the project, including, but not limited to:

(i) design criteria applied;

(ii) methods of analysis;

(iii) methods of manufacture and construction utilized;

(iv) materials and systems selected;

(v) economic analysis of alternate solutions; and

(vi) environmental considerations.

(2) A professional land surveyor in responsible charge shall:

(a) personally make land surveying decisions;

(b) be physically present or able to verify their personal knowledge of the land surveying work; and

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-101, 37-67-328, MCA
History: NEW, 2001 MAR p. 553, Eff. 4/6/01; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2016 MAR p. 2424, Eff. 12/24/16.

Mont. Admin. R. 24.183.302 Direct Supervision

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-103, MCA
History: NEW, 2001 MAR p. 553, Eff. 4/6/01; TRANS, from Commerce, 2002 MAR p. 1756; REP, 2016 MAR p. 2424, Eff. 12/24/16.

Mont. Admin. R. 24.183.303 Definitions

(1) "ABET" means the Accreditation Board of Engineering and Technology.

(2) "Advanced engineering subjects" means engineering class instruction of courses at the junior-class level and above within a board-approved curriculum.

(3) "Board-approved curricula" means:

(a) For engineering applicants, baccalaureate engineering or engineering technology programs accredited by ABET or equivalent curricula as approved by the board.

(b) For land surveying applicants, associate or baccalaureate land surveying programs accredited by ABET, or a minimum of 60 semester credits comprised of:

(i) at least six credits in English, seven credits in math, six credits in drafting, including three credits in survey drafting, six credits in basic science, five credits in humanities and social sciences or approved associate of applied science degree benchmarks; and

(ii) 12 credits in surveying techniques and 15 credits in principles and practice of land surveying courses taught by a licensed professional land surveyor.

(4) "Direct supervision" means regular and direct oversight and guidance of engineering or land surveying work, including plans, designs, surveys, and client advice at the time the work occurs, and licensee's acceptance of responsibility for the work.

(5) "Engineer-surveyor" means an individual licensed in Montana as both a professional engineer and professional land surveyor, with a license designation as "ES."

(6) "Land surveying subjects" means surveying class instruction of courses that cover the principles and practices of land surveying and surveying techniques, excluding those courses that involve construction surveying, route surveying, or photogrammetry.

(7) "NCEES" means the National Council of Examiners for Engineering and Surveying.

(8) "Preprofessional experience" means engineering experience obtained after completion of a baccalaureate degree, which must be obtained under the supervision of a licensed professional engineer or professional land surveyor or be approved by the board and may include one or more of the following:

(a) experience on engineering projects which indicates progressive quality and increasing responsibilities over time;

(b) experience teaching advanced undergraduate or post-graduate courses offered as part of a board-approved curriculum; or

(9) "Principles and practices of land surveying courses" means instruction in the application of surveying techniques and legal principles to analyze and resolve practical surveying problems.

(10) "Professional experience" means experience obtained after initial licensure by a state, territory, or possession of the United States, the U.S. District of Columbia, or any foreign country.

(11) "Progressive land survey experience" means experience obtained under the supervision of a licensed professional land surveyor, on land surveying projects, which, over time, are of increasing quality and require greater responsibility, and which must include experience with the Public Land Survey System (PLSS) and Bureau of Land Management Manual of Survey Instructions, and may include one or more of the following:

(a) experience with aliquot part subdivision of sections, retracing existing boundaries, establishing new boundaries, corner search and reestablishment, research existing public records, survey computations, preparation of legal descriptions, certificates of survey, subdivision plats, corner recordation forms, exhibits, and other documents pertinent to such work; or

(b) experience teaching advanced undergraduate or post-graduate land survey courses offered as part of a board-approved curriculum.

(12) "Resident" means a person possessing an active professional engineer or registered professional license or land surveyor license issued by the board.

(13) "Signature" means:

(a) licensee's or applicant's original manual signature; or

(b) licensee's or applicant's digital equivalent.

(14) "Subprofessional experience" means supervised engineering or construction experience obtained prior to completion of a baccalaureate degree, and which must occur after an applicant has commenced a college-level education.

(15) "Surveying techniques courses" means instruction in basic field methodology, measurement, data collection, and calculations.

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-101, 37-67-103, 37-67-314, 37-67-322, 37-67-323, 37-67-324, 37-67-325, 37-67-326, 37-67-328, MCA
History: NEW, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2019 MAR p. 635, Eff. 5/25/19; AMD, 2021 MAR p. 1215, Eff. 9/25/21; AMD, 2025 MAR, Notice No. 2025-123, Eff. 10/11/25.

Subchapter 24.183.4 General Provisions

Mont. Admin. R. 24.183.401 Board Elected Officers (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-201, MCA
History: Eff. 12/31/72; AMD, 1979 MAR p. 1687, Eff. 12/8/79; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; REP, 2025 MAR, Notice No. 2025-123, Eff. 10/11/25.

Mont. Admin. R. 24.183.402 Board Meetings (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-201, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2014 MAR p. 2840, Eff. 11/21/14; REP, 2025 MAR, Notice No. 2025-123, Eff. 10/11/25.

Mont. Admin. R. 24.183.403 Board Seal (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1756; REP, 2025 MAR, Notice No. 2025-123, Eff. 10/11/25.

Mont. Admin. R. 24.183.404 Fee Schedule

(1) Fees shall be paid to the board, except for payment of examination fees for examinations administered by third-party vendors, which shall be paid directly to the vendor. The board assumes no responsibility for loss of examination fees remitted between examinees and third-party vendors.

(2) Fees are:

(a) Engineer intern (EI) initial application $25

(b) Land surveyor intern (LSI) initial application 25

(d) Professional land surveyor (PLS) initial application 75

(i) Montana state-specific land surveyor examination, initial,

or subsequent exam 100

(ii) Reschedule Montana state-specific land surveyor exam 25

(e) Certificate of authorization

(i) Initial application 75

(ii) Annual renewal fee 25

(f) Biennial renewal

(i) PE 75

(ii) PLS 75

(iii) Engineer-surveyor 75

(iv) EI, LSI 25

(g) Miscellaneous

(i) Reexamination fee for PE, PS, FS 25

(ii) Exam reschedule fee for PE, PS, FS 25

(3) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-1-134, 37-67-202, 37-67-322, 37-67-327, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-1-319, 37-67-312, 37-67-313, 37-67-322, 37-67-327, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 2134, Eff. 12/17/82; AMD, 1984 MAR p. 922, Eff. 6/15/84; AMD, 1986 MAR p. 1958, Eff. 11/29/86; AMD, 1987 MAR p. 1555, Eff. 9/11/87; AMD, 1988 MAR p. 1979, Eff. 9/9/88; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2000 MAR p. 743, Eff. 3/17/00; AMD, 2001 MAR p. 2288, Eff. 11/22/01; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2006 MAR p. 1630, Eff. 6/23/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 1327, Eff. 9/7/07; AMD, 2012 MAR p. 80, Eff. 1/13/12; AMD, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2019 MAR p. 635, Eff. 5/25/19; AMD, 2022 MAR p. 1668, Eff. 8/6/22.

Mont. Admin. R. 24.183.405 Fee Abatement

(1) The Board of Professional Engineers and Professional Land Surveyors adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2006 MAR p. 1630, Eff. 6/23/06.

Mont. Admin. R. 24.183.406 Branch Office

(1) Each branch office of an engineering firm must have a resident professional engineer in responsible charge.

(2) Each branch office of a surveying firm must have a resident professional land surveyor in responsible charge.

(3) Resident licensees in responsible charge of work performed in the branch office are not required to be physically located at the branch office.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-67-101, 37-67-202, 37-67-328, MCA
History: NEW, 2006 MAR p. 1630, Eff. 6/23/06; AMD, 2016 MAR p. 2424, Eff. 12/24/16.

Mont. Admin. R. 24.183.407 Teaching of Advanced Engineering Subjects in Montana

(1) When teaching advanced engineering subjects in Montana, either the class instructor or the person in responsible charge of the board-approved curriculum shall be a Montana licensed professional engineer and be in responsible charge of class instruction of engineering classes at the junior level and above.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-1-131, 37-67-101, 37-67-323, 37-67-324, MCA
History: NEW, 2007 MAR p. 1327, Eff. 9/7/07; AMD, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2019 MAR p. 635, Eff. 5/25/19.

Mont. Admin. R. 24.183.408 Certificate of Authorization

(1) Certificates of authorization shall be renewed annually on or before the date set by ARM 24.101.413 and accompanied by the fee specified by ARM 24.183.404.

(2) The renewal form must identify by name and license number the professional engineer or professional land surveyor in responsible charge and affirm the business entity named on the certificate of authorization is in good standing with the Secretary of State.

(3) A professional engineer or professional land surveyor designated in responsible charge on a certificate of authorization who leaves the employment of a certificate holder shall notify the board office in writing within 45 working days. The certificate holder must designate a replacement professional engineer and/or professional land surveyor in responsible charge and notify the board in writing within 45 working days.

(4) In the event that a certificate holder no longer has a Montana licensee in responsible charge as required by 37-67-328, MCA, the certificate holder shall notify the board office. A certificate holder without a Montana licensed person in responsible charge must not offer or provide engineering or land surveying services in Montana until a Montana licensee in responsible charge has been identified.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-1-131, 37-67-328, MCA
History: NEW, 2007 MAR p. 1327, Eff. 9/7/07; AMD, 2010 MAR p. 530, Eff. 2/26/10; AMD, 2012 MAR p. 80, Eff. 1/13/12; AMD, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2019 MAR p. 635, Eff. 5/25/19.

Mont. Admin. R. 24.183.409 Affiliation with National Associations

(1) The board may affiliate with the National Council of Examiners for Engineering and Surveying (NCEES). Any delegate or delegates to the council appointed by the board shall attend meetings of the council at the expense of the board.

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-202, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1994 MAR p. 2935, Eff. 11/11/94; TRANS, from Commerce, 2002 MAR p. 1756.

Mont. Admin. R. 24.183.410 Engineering Services Incidental to the Practice of Architecture

(1) The performance of engineering services that are incidental to a licensee's work as an architect are those services which:

(a) can be safely and competently performed by the licensee without jeopardizing the life, health, property, and welfare of the public;

(b) are in an area where the licensee has demonstrated competence by adequate education, training, and experience;

(d) are substantially less in scope and magnitude when compared to the work performed or to be performed by the licensee in the licensed profession; and

(e) comply with all of the laws of Montana relating to the practice of engineering.

(2) Architects performing incidental practice as stated in (1) shall:

(a) perform only that part of the work for which the architect is professionally qualified;

(b) use professional engineers or other appropriately licensed professionals for those portions of the work in which the architect is not qualified;

(c) assume responsibility for compliance with all laws, codes, rules, and ordinances of the state or its political subdivisions pertaining to the documents; and

(d) not hold himself/herself out to be an engineer or as performing engineering services.

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-103, MCA
History: NEW, 2014 MAR p. 2840, Eff. 11/21/14.

Mont. Admin. R. 24.183.411 Teaching of Land Surveying Subjects

(1) When teaching land surveying subjects in Montana, either the class instructor or the person in responsible charge of the board-approved curriculum shall be a Montana licensed professional land surveyor and be in responsible charge of class instruction of land surveying subjects.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-1-131, 37-67-101, 37-67-325, 37-67-326, MCA
History: NEW, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2021 MAR p. 1215, Eff. 9/25/21.

Mont. Admin. R. 24.183.412 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Professional Engineers and Professional Land Surveyors publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-266, Eff. 12/6/25.

Subchapter 24.183.5 Licensing

Mont. Admin. R. 24.183.501 Board-Approved Curricula – Evaluation of Education Credits

(1) In evaluating documentation of education credits, the board shall:

(a) credit the applicant two-thirds of one semester credit for each academic quarter credit earned;

(b) make publicly available a list of Montana schools which offer land surveying curricula accepted by the board; and

(c) accept all course credits deemed as transferable to the land surveying curricula of any school approved by the board.

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-323, 37-67-324, 37-67-325, 37-67-326, MCA
History: Eff. 12/31/72; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 1958, Eff. 11/29/86; AMD, 1997 MAR p. 196, Eff. 1/28/97; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2016 MAR p. 2424, Eff. 12/24/16.

Mont. Admin. R. 24.183.502 Applications

(1) Applicants shall complete all experience required for approval of an application prior to submission of an application.

(2) The board shall accept an application as complete when the applicant submits to the department:

(a) board-approved application forms completed in entirety;

(b) all required supplemental documentation;

(d) for professional engineer and professional land surveyor applicants, the board's law and rule questionnaire completed in entirety.

(3) Foreign-educated professional engineer applicants shall:

(a) arrange for a foreign degree evaluation performed by NCEES to verify whether the foreign degree is equivalent to an ABET-accredited engineering or engineering technology program;

(b) arrange for direct delivery of the evaluation from NCEES to the board; and

(4) Applicants shall provide explanations of information submitted in an application upon request by the board.

(5) The board, after due consideration of an application shall:

(a) find the applicant eligible to sit for the appropriate exam;

(b) request such additional information as may be allowed by law; or

(6) Applications received after a board-set application deadline will be processed for the following examination.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-1-104, 37-67-312, 37-67-313, 37-67-322, 37-67-323, 37-67-324, 37-67-325, 37-67-326, 37-67-327, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 1958, Eff. 11/29/86; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2007 MAR p. 1327, Eff. 9/7/07; AMD, 2010 MAR p. 530, Eff. 2/26/10; AMD, 2011 MAR p. 920, Eff. 5/27/11; AMD, 2012 MAR p. 80, Eff. 1/13/12; AMD, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2019 MAR p. 635, Eff. 5/25/19.

Mont. Admin. R. 24.183.503 Application References

(1) An applicant shall arrange for the submission of completed reference forms required by 37-67-323, 37-67-324, 37-67-325, and 37-67-326, MCA. The applicant shall provide a reference form to each person listed as a reference on the application. Each person providing a reference for the applicant shall complete and send the reference form directly to the board.

(2) For an application for licensure as a professional engineer, the board must receive five references, three of which must be from licensed professional engineers.

(3) For an application for certification as an engineer intern, the board must receive three references. None is required to be from licensed professional engineers.

(4) For an application for licensure as a professional land surveyor, the board must receive five references, three of which must be from licensed professional land surveyors.

(5) For an application for certification as a land surveyor intern under 37-67-326(1)(a), (b), or (c), MCA, the board must receive three references, one of which must be from a licensed professional land surveyor. This rule also applies to applicants who apply under 37-67-326(1)(d), MCA, but only until October 1, 2022.

(6) The board will accept a reference form only when it is fully completed and bears the signature of the person providing the reference. All completed and signed reference forms must be received before the board will take action on the application.

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-322, 37-67-323, 37-67-324, 37-67-325, 37-67-326, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 1958, Eff. 11/29/86; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2012 MAR p. 80, Eff. 1/13/12; AMD, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2016 MAR p. 2424, Eff. 12/24/16.

Mont. Admin. R. 24.183.504 Expiration of Applications

(1) An application will expire one year from the date the fee is paid; except applications from exam applicants will expire one year from the date the applicant is approved to take the exam.

(2) If the applicant has not successfully completed all application and examination requirements within this period, and still desires to pursue licensure, the applicant must submit a new, original application, with supporting documents.

(3) Applications in which the applicant does not already possess the experience required for licensure or approval to take an examination are incomplete and will not be accepted.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-1-131, 37-67-322, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 196, Eff. 1/28/97; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2007 MAR p. 1327, Eff. 9/7/07; AMD, 2011 MAR p. 920, Eff. 5/27/11; AMD, 2016 MAR p. 2424, Eff. 12/24/16.

Mont. Admin. R. 24.183.505 Exhibits of Land Surveying Projects

(1) An applicant for licensure as a land surveyor shall submit no less than two and no more than four exhibits of land surveying projects demonstrating the diversity of the applicant's experience. A minimum of one exhibit shall be a certificate of survey or subdivision plat that demonstrates the applicant's knowledge of the principles and practices of boundary surveying.

(2) An applicant shall submit a written narrative describing each exhibit and the applicant's responsibilities and professional decision-making processes related to the land surveying project.

(3) Before October 1, 2022, an applicant applying for certification as a land surveyor intern under 37-67-326(1)(d), MCA, must comply with (1) and (2) of this rule.

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-326, MCA
History: NEW, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2019 MAR p. 635, Eff. 5/25/19.

Mont. Admin. R. 24.183.506 Equivalency of Military Education, Training, and Experience (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 1088, Eff. 5/23/14; REP, 2025 MAR, Notice No. 2025-123, Eff. 10/11/25.

Mont. Admin. R. 24.183.509 Examination Procedures

(1) The required examinations are set forth in 37-67-327, MCA.

(2) Applicants for the Fundamentals of Engineering and Fundamentals of Land Surveying examinations may register directly with NCEES without prior board approval.

(3) Applicants for the Principles and Practice of Engineering and Principles and Practice of Land Surveying examinations must be approved by the board prior to registering with NCEES to take the examination.

(4) To reschedule any examination other than the Fundamentals of Engineering or Fundamentals of Land Surveying examination, applicants must pay the rescheduling fee in ARM 24.183.404.

(5) A candidate failing to pass any examination other than the Fundamentals of Engineering or Fundamentals of Land Surveying examination may re-take the examination upon payment of the reexamination fee in ARM 24.183.404.

(6) The minimum passing score for the Montana state-specific land surveyor examination is 70 percent.

(7) An examinee who fails the Montana state-specific land surveyor exam may request a diagnostic report on the exam results within 60 days after the date of notification of the failure.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-1-131, 37-67-327, MCA
History: Eff. 12/31/72; AMD, Eff. 11/4/74; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 1958, Eff. 11/29/86; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2007 MAR p. 1327, Eff. 9/7/07; AMD, 2010 MAR p. 530, Eff. 2/26/10; AMD, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2025 MAR, Notice No. 2025-123, Eff. 10/11/25.

Mont. Admin. R. 24.183.510 Grant and Issue Licenses and Certificates

(1) When an applicant meets the requirements for licensure or certification by the board, the department shall assign the applicant a license or certificate number and issue the license or certificate. The department shall assign license or certificate numbers consecutively in the order in which the board approved the applications.

(2) The board shall grant a license authorizing the practice of professional engineering or professional land surveying by a sole proprietorship, firm, partnership, or corporation after approval of an application for certificate of authorization and payment of the license fee.

(3) Engineer intern certificates will be active for two years and may be renewed for additional two-year periods for a fee prescribed in ARM 24.183.404.

(4) Land surveyor intern certificates will be active for two years and may be renewed for additional two-year periods for a fee prescribed in ARM 24.183.404.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-1-131, 37-67-312, 37-67-313, 37-67-314, 37-67-323, 37-67-324, 37-67-325, 37-67-326, 37-67-328, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1678, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 1958, Eff. 11/29/86; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2007 MAR p. 1327, Eff. 9/7/07; AMD, 2012 MAR p. 80, Eff. 1/13/12; AMD, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2016 MAR p. 2424, Eff. 12/24/16.

Mont. Admin. R. 24.183.511 License Seal – Form and Use

(1) Individuals licensed as a Professional Engineer, Professional Land Surveyor, or Professional Engineer and Professional Land Surveyor may obtain a seal in the form of an embossing or rubber stamp or digital seal to be used for purposes of sealing printed drawings, specifications, and other documents prepared by or under the supervision of the licensee.

(2) A licensee's seal must contain the licensee's name, license number (such as #####PE, #####LS, or #####ES), and the applicable legend "Professional Engineer," "Professional Land Surveyor," or "Professional Engineer and Land Surveyor."

(3) Seals of the following commercial designated sizes and types are authorized:

(a) 1 5/8" pocket seal;

(b) 2" desk seal; and

(d) A digital seal may be reduced in size to one-half of the size of the original seal.

(4) The seal, digital seal, and the signature must be of sufficient print quality to legibly reproduce on all copies or prints of final original drawings to which they are applied.

(5) The title page of all plans and documents filed with public authorities must bear the seal and original signature of the licensee in responsible charge.

(6) Licensees may use a digital seal for stamping plans, specifications, survey documents, and reports.

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-314, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 1958, Eff. 11/29/86; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2006 MAR p. 1630, Eff. 6/23/06; AMD, 2016 MAR p. 2424, Eff. 12/24/16.

Mont. Admin. R. 24.183.512 Application for Emeritus Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-321, MCA
History: NEW, 1986 MAR p. 1958, Eff. 11/29/86; TRANS, from Commerce, 2002 MAR p. 1756; REP, 2016 MAR p. 2424, Eff. 12/24/16.

Mont. Admin. R. 24.183.514 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.183.515 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Subchapter 24.183.7 Licensure of Professional Engineers

Mont. Admin. R. 24.183.701 Comity for Professional Engineers

(1) The board may issue a professional engineer license by comity to any person who submits verification of licensure from any state, territory, or possession of the United States, or any foreign country, and meets the application requirements of this rule. All applicants shall submit to the department the appropriate fee and a completed engineer laws and rules questionnaire.

(2) Applicants with a NCEES record may arrange for NCEES to deliver their current record, updated within two years of the application date, directly to the board office. An applicant with a NCEES record also shall submit a department-approved application form and board-approved experience forms.

(3) Applicants without a NCEES record shall submit to the department the department-approved application form and the following:

(a) educational transcripts;

(b) five completed reference forms which meet the requirements of ARM 24.183.503;

(d) verification of having passed the Fundamentals of Engineering examination; and

(e) verification of having passed the Principles and Practices of Engineering examination.

(4) Professional experience claimed by an applicant to meet the provisions of 37-67-312, MCA, regarding a prelicensure deficiency of experience does not have to occur under the supervision of a professional engineer.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-1-304, 37-67-312, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 1958, Eff. 11/29/86; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2019 MAR p. 635, Eff. 5/25/19.

Mont. Admin. R. 24.183.702 Classification of Engineering Experience

(1) Engineering experience for the purpose of application for licensure or certification shall be classified as:

(a) subprofessional experience;

(b) preprofessional experience; or

(2) Engineering experience shall be quantified as follows:

(a) Subprofessional experience shall be credited at one-half the time value of preprofessional experience.

(b) No more than one year of subprofessional experience may be credited as preprofessional experience.

(c) A master's degree in engineering from an institution which offers a board-approved curriculum at the baccalaureate level will be credited as one year of preprofessional experience.

(d) A Ph.D. in engineering from an institution which offers a board-approved curriculum at the baccalaureate level will be credited as two years of preprofessional experience, which shall include a one year credit for any master's degree earned in the course of completing the Ph.D.

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-312, 37-67-323, 37-67-324, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 1958, Eff. 11/29/86; AMD, 1998 MAR p. 534, Eff. 2/27/98; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2006 MAR p. 1630, Eff. 6/23/06; AMD, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2016 MAR p. 2424, Eff. 12/24/16.

Subchapter 24.183.8 Licensure of Professional Land Surveyors

Mont. Admin. R. 24.183.801 Comity for Professional Land Surveyors

(1) The board may issue a professional land surveyor license by comity to any person who submits verification of licensure from any state, territory, or possession of the United States, or any foreign country, and meets the application requirements of this rule. Applicants must submit a department-approved application form, fee, a completed land surveyors laws and rules questionnaire, and:

(a) educational transcripts;

(b) five completed reference forms which meet the requirements of ARM 24.183.503;

(d) verification of having passed the Fundamentals of Land Surveying examination;

(e) verification of having passed the Principles and Practice of Land Surveying examination; and

(f) exhibits as required by ARM 24.183.505.

(2) Applicants with a current NCEES record may arrange for NCEES to deliver their current record directly to the board office.

(3) Upon approval of the application by the board, the comity applicants must pass a state-specific land surveying examination.

(4) Professional experience claimed by an applicant to meet the provisions of 37-67-313, MCA, regarding a prelicensure deficiency of experience does not have to occur under the supervision of a professional land surveyor.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-1-304, 37-67-313, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 645, Eff. 6/17/83; AMD, 1986 MAR p. 1958, Eff. 11/29/86; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2019 MAR p. 635, Eff. 5/25/19; AMD, 2025 MAR, Notice No. 2025-123, Eff. 10/11/25.

Mont. Admin. R. 24.183.802 Classification of Land Surveying Experience

(1) Applicants for land surveyor licensure or certification shall classify experience listed in their applications as progressive land surveying experience and nonprogressive land surveying experience.

(2) Applicants shall provide documentation of combined office and field experience as follows:

(a) for applicants seeking licensure under 37-67-325(1)(a), MCA, and are required to obtain at least four years of combined office and field experience, at least 12 months must be office experience, and at least 12 months must be field experience;

(b) for applicants seeking licensure under 37-67-325(1)(b) and (1)(c), MCA, and are required to obtain at least six years of combined office and field experience, at least 18 months must be office experience, and at least 18 months must be field experience;

(c) for applicants seeking licensure under 37-67-325(1)(d), MCA, and are required to obtain at least ten years of combined office and field experience, at least 48 months must be office experience, and at least 48 months must be field experience; and

(d) for applicants seeking certification under 37-67-326(1)(d), MCA, and are required to obtain at least six years of combined office and field experience, at least 29 months must be office experience, and at least 29 months must be field experience.

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-313, 37-67-325, 37-67-326, MCA
History: NEW, 2006 MAR p. 1630, Eff. 6/23/06; AMD, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2019 MAR p. 635, Eff. 5/25/19.

Subchapter 24.183.10 Corner Recordation Requirements

Mont. Admin. R. 24.183.1001 Form of Corner Records - Information to Be Included

(1) The board-approved form for public land survey system corners and the board-approved form for non-public land survey system corners for recordation of corners pursuant to the Corner Recordation Act of Montana (Title 70, chapter 22, part 1, MCA) are available on the board web site.

(2) The information to be included in a corner record is as follows:

(a) A description or quotation of those portions of the original or subsequent record which were used in evaluating the corner position.

(i) The original record for corners of government surveys will usually be the general land office field notes.

(ii) The original record for nongovernment surveys will usually be subdivision plats, certificates of survey, or other surveys of record.

(iii) Subsequent record can come from sources such as previously filed corner records, maps and plats, private and public records, etc. Some of the subsequent record, even though not in the public record, but known to have validity by the surveyor, may be quoted and appropriately noted. The record data help support the reestablished corner position because they clearly show on what history the surveyor based the corner position. In some cases, however, the record may be unknown or not pertinent. A statement to that effect, if applicable, must appear on the corner record.

(b) A description of the original or subsequent record evidence found that locates the corner position.

(i) If portions of the found evidence cannot be reconciled with the record, then the disregarded record must be noted, and if possible, an opinion as to its cause narrated.

(ii) If no physical evidence of the original or subsequent monuments and accessories can be found, then the method used to reestablish the lost or obliterated corner (single proportion, fence intersection, parol evidence, terrain calls, centerline of road, etc.) shall be indicated.

(iii) Measurements used to establish proportioned positions must be shown on the corner recordation form or on a filed certificate of survey or subdivision plat referenced on the recordation form.

(c) A listing of all details about the corner and its location which will help exclusively identify the corner position, including size and type of monument and accessory, how marked if not shown in sketch, and distinguishing topographic calls which help locate the corner. In many cases, instructions on how to find the corner should be included.

(i) For public land survey system corners requiring recordation, sufficient information must be shown on the form to enable subsequent surveyors to verify the corner position identified on the form, and to reestablish the corner position if the monument is obliterated. Ideally, the references will be to at least two identifiable accessories or surveyed dimensions to two survey monuments.

(ii) References or ties to other corners are optional and may be drawn on the face or back of the corner record form, or references to certificate of survey may be made. Separate drawings may be attached to the corner form. If state plane coordinate values for the corner position are shown, then the control upon which they are based should be indicated.

(d) A sketch of the corner to show how a found or set corner is marked or show topography or accessory monuments found or set and their relation to the corner. There is no stipulated format; the sketch could be transcribed field note entries. For corners which were first shown on subdivision plats or on recorded or filed surveys, enough information must be shown so that the corner can be identified.

(e) The surveyor who performed or directed the field work which is depicted on the corner record shall sign and affix the licensee's seal in the certification.

(i) The affixing of the licensee's seal constitutes a certification by the surveyor that the corner record has been prepared in conformance with the Corner Recordation Act of Montana and the rules implementing the Act.

(ii) The employer blank is optional but useful in tracking down original field note data or adjacent record if, in the future, questions arise about the corner. The name and signature of the ground party chief is also optional information on the record form.

(f) For public land survey system corners, the cross index at the bottom of the page must be completed by the surveyor. Only the single township and range index where the corner is filed is to be completed.

(i) For corner records to be filed under the survey of record index, the index information must be filled in as completely as possible by the surveyor and made clear the name and number(s) of the recorded survey and the lot or parcel designation. The corner location diagram must have the pertinent section number filled in and a closed circle indicating the appropriate corner position in the section. This is intended to be an aid in searching the record once it has been filed.

History

Authorizing statute(s): 37-67-202, 70-22-107, MCA
Implementing statute(s): 70-22-107, MCA
History: NEW, 1983 MAR p. 645, Eff. 6/17/83; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2005 MAR p. 1783, Eff. 9/23/05; AMD, 2014 MAR p. 2840, Eff. 11/21/14.

Mont. Admin. R. 24.183.1002 Remonumentation and Rehabilitation of Public Land Survey Corners and Monuments

(1) The legal importance of the public land survey corner makes mandatory the construction of lasting monuments and accessories such that the greatest practicable permanence is secured. If it were necessary to alter the condition of a public land survey corner, then preserving the evidence of its original location is paramount. The public land survey corner monument should be carefully reconstructed (rehabilitated) or remonumented by such means as may be appropriate, without destroying the evidence which served to identify its original position.

(a) If a public land survey corner monument were to be rehabilitated only, then the monument shall primarily be restored as closely to its original state as practicable.

(b) If a public land survey corner monument were to be replaced with a more durable monument (remonumentation), then the following steps shall be performed:

(i) recovery and verification of the public land survey corner monument and/or its accessories;

(ii) removal of the public land survey corner monument and replacement with a monument conforming to ARM 24.183.1101;

(iii) placement and memorialization of the replacement monument so that there is only one monumented position. Unless local conditions are prohibitive, the public land survey corner monument being replaced shall be buried upside down alongside the replacement monument; and

(iv) remonument according to the procedures describing monumentation in the most current edition of the U.S. Bureau of Land Management Manual of Surveying Instructions.

(c) If a reference or accessory to a public land survey corner monument were lost, obliterated, destroyed, or in advanced stages of decay, then the following steps shall be performed:

(i) unless prohibitive, placement of a reference or accessory conforming to material described in the most current edition of the U.S. Bureau of Land Management Manual of Surveying Instructions;

(ii) if practical, placement of references and accessories far enough from the corner monument to remain undisturbed if the corner monument itself were destroyed; and

(iii) marking of references and accessories clearly distinguishing them from the corner monument.

(d) If required by 70-22-104, MCA, a "PLSS Corner Record" form shall be completed pursuant to ARM 24.183.1001 and filed with the county clerk and recorder for the public land survey corner monuments and accessories described in (1)(a), (b), and (c).

History

Authorizing statute(s): 37-67-202, 70-22-107, MCA
Implementing statute(s): 76-3-403, MCA
History: NEW, 2014 MAR p. 2840, Eff. 11/21/14.

Subchapter 24.183.11 Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats

Mont. Admin. R. 24.183.1101 Uniform Standards for Monumentation

(1) The following standards govern the monumentation of land surveys:

(a) The terms "monument" and "permanent monument" as used in these regulations mean any structure of masonry, metal, or other permanent, durable material placed in the ground, which is exclusively identifiable as a monument to a survey point, expressly placed for surveying reference.

(b) All metal monuments must be at least one-half inch in diameter and 18 inches in length with a cap not less than one inch in diameter marked in a permanent manner with the license number of the surveyor in charge of the survey and either the name of the surveyor or the company employing the surveyor. Metal monuments marking a public land survey corner as described in 70-22-101, MCA, must be at least 24 inches long and 5/8 inch in diameter with an appropriately stamped metal cap at least two inches in diameter. A monument marking a public land survey corner may also consist of a cap as described in this rule set firmly in concrete.

(c) Before a subdivision plat or certificate of survey may be filed for record, the surveyor shall confirm the location of as many monuments as, in the surveyor's professional judgment, are necessary to reasonably assure the perpetuation of any corner or boundary established by the survey and to enable other surveyors to reestablish those corners and boundaries and retrace the survey. The surveyor shall clearly identify on the face of the plat or certificate of survey all monuments pertinent to the survey, and the descriptions of these monuments must be sufficient to identify the monuments.

(d) The surveyor shall set all monuments prior to the filing of a plat or certificate of survey, except those monuments that will be disturbed by the installation of improvements, or because of severe weather conditions, may, in the surveyor's judgment, be more appropriately and accurately set after the weather has improved. In these two circumstances the surveyor may set monuments after the survey document is filed if the surveyor certifies on the survey document that the monuments will be set by a specified date. The surveyor shall set monuments, the placement of which has been deferred because of severe weather conditions, within 240 days of the date on which the survey document was filed.

(i) If during the later monumentation of the corners of a plat or certificate of survey that were not monumented before the plat or certificate was filed, the surveyor finds that it is necessary to set a reference monument to a corner, the surveyor shall prepare and file an amended certificate of survey or subdivision plat.

(ii) The failure of the surveyor to set the monuments by the date certified on the record of survey will be deemed a violation of these rules.

(e) The surveyor shall set monuments at the following locations:

(i) at each corner and angle point of all lots, blocks and parcels of land created by the survey;

(ii) at every point of intersection of the outer boundary of a subdivision with an existing road right-of-way line of record or a road right-of-way line created by the survey;

(iii) at every point of curve, point of tangency, point of reversed curve, point of compounded curve and point of intersection on each road right-of-way line created by the survey; and

(iv) at the intersection of a boundary line and a meander line. Meander line angle points need not otherwise be monumented.

(f) If the placement of a required monument at its proper location is physically impractical, the surveyor may set a reference or witness monument. This monument has the same status as other monuments of record if its location is properly shown. If the surveyor relies upon any existing monument in conducting a survey, he or she shall confirm the location of the monument and show and describe it on the resulting certificate of survey or subdivision plat.

(g) If the land surveyor sets a monument that is on, is a part of, and controls a property line, then the surveyor shall file a certificate of survey which complies with the requirements of ARM 24.183.1104. Alternatively, the surveyor may file a corner record in lieu of a certificate of survey pursuant to 70-22-105(2), MCA.

(2) Remonumentation of public land survey corner monuments shall conform to ARM 24.183.1002.

History

Authorizing statute(s): 76-3-403, MCA
Implementing statute(s): 76-3-403, MCA
History: NEW, Eff. 1/5/74; EMERG, AMD, Eff. 7/1/74; AMD, Eff. 10/5/74; AMD, 1980 MAR p. 2806, Eff. 10/17/80; TRANS, from Dept. of Comm. Affairs, Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2000 MAR p. 462, Eff. 2/11/00; TRANS, from Commerce, 2005 MAR p. 966; AMD, 2014 MAR p. 2840, Eff. 11/21/14.

Mont. Admin. R. 24.183.1104 Uniform Standards for Certificates of Survey

(1) A certificate of survey must comply with the following requirements:

(a) A certificate of survey must be legibly drawn with permanent black ink or printed or reproduced by a process guaranteeing a permanent record and must be 18 inches by 24 inches or 24 inches by 36 inches. Margins must be a minimum 1/2-inch on all sides, or as required by the filing office.

(b) One original on three mil or heavier matte stable-base polyester film or equivalent and/or one original on 24# white bond paper or equivalent must be submitted, or on such medium as required by the filing office.

(c) If more than one sheet must be used to adequately depict the land surveyed, each sheet must show the number of that sheet and the total number of sheets included. All certifications must be placed on sheet number one of the certificate of survey.

(d) A certificate of survey must show or contain the following information:

(i) a title or title block including the quarter-section, section, township, range, principal meridian, county, and if applicable, city or town in which the surveyed land is located. Except as provided in (1)(f)(v), a certificate of survey must not contain the title "plat," "subdivision," or any title other than "Certificate of Survey";

(ii) the name(s) of the person(s) who commissioned the survey, the name(s) of the owner(s) of the land surveyed, if other than the person(s) commissioning the survey, the names of any adjoining plats, and the numbers of any adjoining certificates of survey previously filed;

(iii) the date the survey was completed and a brief explanation of why the certificate of survey was prepared, such as to create a new parcel, retrace a section line, or retrace an existing parcel of land;

(iv) a north arrow;

(v) a scale bar. The scale of the certificate of survey must be sufficient to legibly represent the required information and data on the certificate of survey;

(vi) the location of, and other information relating to all monuments found, set, reset, replaced, or removed as required by ARM 24.183.1101;

(A) If additional monuments are to be set after the certificate of survey is filed, the location of these monuments must be shown by a distinct symbol, and the certificate of survey must contain a certification by the land surveyor as to the reason the monuments have not been set and the date by which they will be set, as required by ARM 24.183.1101(1)(d).

(B) All monuments found during the survey that influenced the position of any corner or boundary indicated on the certificate of survey must be clearly shown as required by ARM 24.183.1101(1)(c).

(vii) the location of any section corner or corners of divisions of sections the land surveyor deems to be pertinent to the survey or was used as a control in the survey;

(viii) basis of bearing. For purposes of this rule, the term "basis of bearing" means the land surveyor's statement as to the origin of the bearings shown on the certificate of survey. If the basis of bearing(s) refers to two previously monumented points in a previously filed survey document, then the two previously monumented points must be shown and described on the certificate of survey, the line marked by the two previously monumented points must be labeled "basis of bearing," and the previously filed survey document name or number must be cited in the land surveyor's statement as to the origin of the bearing(s). If the certificate of survey shows true bearings, the basis of bearing must describe the method by which these true bearings were determined;

(ix) the bearings, distances, and curve data of all boundary lines and all control or pertinent lines used to determine the boundaries of the parcel(s) surveyed. If the parcel surveyed is bounded by an irregular shoreline or a body of water that is a riparian boundary, the bearings and distances of a meander traverse generally paralleling the riparian boundary must be given;

(A) The courses along a meander line are shown solely to provide a basis for calculating the area of a parcel that has one or more riparian boundaries as the parcel existed at the time of survey.

(B) For purposes of this rule, a line that indicates a fixed boundary of a parcel is not a "meander" or "meander line" and may not be designated as one.

(C) If a boundary, control, or pertinent line contains multiple segments of the whole, then the overall distance must be shown, and each segment must at least include distance.

(x) data on all curves sufficient to enable the reestablishment of the curves on the ground. For circular curves, the data must at least include radius and arc length, and either delta angle, radial bearings, or chord bearing and distance. All non-tangent points of intersection on the curve must show either the bearings of radial lines or chord length and bearing. Non-tangent curves must be so labeled;

(xi) lengths of all lines shown to at least tenths of a foot, and all angles and bearings shown to at least the nearest minute. Distance measurements must be stated in English units, but their metric equivalents, shown to the nearest hundredth of a meter, may be noted parenthetically. If grid distances are shown, then ground distances must be shown parenthetically;

(xii) at least one record measurement reference for each line and curve, if available, must be shown;

(xiii) a narrative legal description of the parcel(s) surveyed.

(A) The land surveyor, at his or her discretion, may choose the form of the narrative legal description as follows:

(I) If the parcel surveyed is either an aliquot part of a U.S. government section or a U.S. government lot, the narrative legal description may be the aliquot part or the government lot description of the parcel;

(II) If the certificate of survey depicts the division of one or more parcels shown on a previously filed certificate of survey, the narrative legal description may be the number of the previously filed certificate of survey and the parcel number of the parcel(s) previously surveyed;

(III) If the certificate of survey depicts the retracement of one or more parcels shown on a previously filed certificate of survey, plat, or amended plat, the narrative legal description may be the number of the previously filed certificate of survey or the name of the previously filed plat or amended plat, and the parcel number of the parcel(s) previously surveyed;

(IV) If the survey creates or retraces one or more parcels, the narrative legal description may be either the metes-and-bounds description of each individual parcel created by the survey or the metes-and-bounds description of the perimeter boundary of the parcels surveyed; or

(V) If the narrative legal description does not fall within (1)(d)(xiii)(A)(I), (II), or (III), then the narrative legal description required by this subsection must conform with (1)(d)(xiii)(A)(IV).

(B) When the narrative legal description is metes-and-bounds, the point of beginning, which is also the point of closure of the legal description of the parcel surveyed, must be labeled "Point of Beginning." Alternatively, the point of beginning may be labeled "POB" if the abbreviation is defined on the certificate of survey.

(C) The requirement of this rule does not apply to certificates of survey that depict a partial retracement of the boundaries of an existing parcel or establish the location of lines or corners that control the location of an existing parcel.

(xiv) all parcels created or retraced by the certificate of survey designated by number or letter, and the bearings, distances, curve data, and area of each parcel, except as provided in (1)(f)(iii). If a parcel created by the certificate of survey is identifiable as a 1/32 or larger aliquot part of a U.S. government section or as a U.S. government lot, it may be designated by number or letter or by its aliquot part or government lot identification;

(xv) the location, bearings, distances, and curve data of any easement that will be created by reference to the certificate of survey;

(xvi) the dated signature and the seal of the land surveyor responsible for the survey. The land surveyor's signature certifies that the certificate of survey has been prepared in conformance with the applicable sections of the Montana Subdivision and Platting Act and the regulations adopted under the Act;

(xvii) a memorandum of any oaths administered under 76-3-405, MCA;

(xviii) if applicable, the certificate of the examining land surveyor; and

(xix) space for the clerk and recorder's filing information.

(e) Certificates of survey that do not represent a division or aggregation of land, such as those depicting the retracement of an existing parcel and those prepared for informational purposes, must contain a statement as to their purpose and must meet applicable requirements of this rule for form and content. If the purpose of a certificate of survey is stated as a retracement or partial retracement, and if multiple tracts of record contained within the parcel's perimeter boundary on the certificate of survey are not individually shown, then the certificate of survey does not expunge the tracts of record unless it conforms to (1)(f)(iv) and contains the acknowledged certificate of the property owner(s) citing the applicable exemption in its entirety.

(f) Procedures for divisions of land exempted from review as subdivisions. If one or more parcels on a certificate of survey is created by an exemption from subdivision review under 76-3-207, MCA, then, except as provided in (1)(f)(iii) and (iv), the certificate of survey must establish the boundaries of the exemption parcel(s). The certificate of survey is not required to establish, but may establish, the exterior boundaries of the remaining portion of the parent tract of land. However, the certificate of survey must show portions of the existing unchanged boundaries sufficient to identify the location and extent of the exemption parcel to be created. Unsurveyed portions of the parent tract of land must be labeled, "NOT A PART OF THIS CERTIFICATE OF SURVEY" or "NOT INCLUDED IN THIS CERTIFICATE OF SURVEY". The certificate of survey must contain the acknowledged certificate of the property owner stating that the division of land is exempt from review as a subdivision and cite the applicable exemption in its entirety. The certificate of survey must meet the following requirements:

(i) If the exemption relied upon requires that the property owner enter into a covenant running with the land, the certificate of survey may not be filed unless it shows or contains a signed and acknowledged recitation of the covenant in its entirety.

(ii) If a certificate of survey invokes the exemption for gift(s) or sale(s) to members of the landowner's immediate family, the certificate of survey must indicate the name of the proposed grantee, the relationship of the grantee to the landowner, and the parcel to be conveyed to the grantee.

(iii) If a certificate of survey invokes the exemption for the relocation of common boundary line(s):

(A) The certificate of survey must contain the signatures of all landowners whose tracts of record will be altered by the proposed relocation. The certificate of survey must show that the exemption was used only to change the location of a boundary line or lines common to two or more tracts of record, and must clearly distinguish the prior boundary location or locations (shown, for example, by dashed or broken line(s) with a notation) from the new boundary location or locations (shown, for example, by solid line(s) with a notation);

(B) The certificate of survey must show the boundaries of the area that is being removed from one tract of record and joined with another tract of record. The certificate of survey is not required to establish, but may establish, the exterior boundaries of the resulting tracts of record. However, the certificate of survey must show portions of the existing unchanged boundaries sufficient to clearly identify both the location and the extent of the boundary relocation. Unsurveyed portions of the tracts of record must be labeled, "NOT A PART OF THIS CERTIFICATE OF SURVEY" or "NOT INCLUDED IN THIS CERTIFICATE OF SURVEY"; and

(C) The certificate of survey must contain the following notation: "The area that is being removed from one tract of record and joined with another tract of record is not itself a tract of record. Said area shall not be available as a reference legal description in any subsequent real property transfer after the initial transfer associated with the [certificate of survey or amended plat] on which said area is described, unless said area is included with or excluded from adjoining tracts of record."

(iv) If a certificate of survey invokes the exemption for aggregation of parcels or lots:

(A) The certificate of survey must contain the signatures of all landowners whose tracts of record will be altered by the proposed aggregation. The certificate of survey must show that the exemption was used only to eliminate a boundary line or lines common to two or more tracts of record, and must clearly distinguish the prior boundary location or locations (shown, for example, by dashed or broken line(s) with a notation) from the new perimeter boundary location or locations (shown, for example, by solid line(s) with a notation); and

(B) The certificate of survey must establish the perimeter boundary of the resulting tract(s) of record.

(v) A survey document that modifies lots on a filed plat and invokes an exemption from subdivision review under 76-3-201 or 76-3-207, MCA, must be entitled "amended plat of [lot, block, and name of subdivision being amended]," but for all other purposes must comply with the requirements for form and descriptive content of certificates of survey contained in this rule.

(vi) If the certificate of survey invokes an exemption from subdivision review under 76-3-207, MCA, the certificate of survey must contain or be accompanied by a certification by the county treasurer that all real property taxes and special assessments assessed and levied on the surveyed land have been paid.

(vii) For purposes of this rule, when the parcel of land for which an exemption from subdivision review is claimed is being conveyed under a contract-for-deed, the terms "property owner," "landowner," and "owner" mean the seller of the land under the contract-for-deed.

(g) The land surveyor, at his or her discretion, may provide additional information on the certificate of survey regarding the survey.

(h) Procedures for filing certificates of survey of divisions of land entirely exempted from the requirements of the Montana Subdivision and Platting Act. The divisions of land described in 76-3-201, 76-3-205, and 76-3-209, MCA, and divisions of federally owned land made by a U.S. government agency are not required to be surveyed, nor must a certificate of survey or plat showing these divisions be filed with the clerk and recorder. However, a certificate of survey of one of these divisions may be filed with the clerk and recorder if the certificate of survey meets the requirements for form and content for certificates of survey contained in this rule, and contains a certificate of all the landowners citing the applicable exemption from the Act in its entirety, or when applicable, that the land surveyed is owned by the federal government. The certificate of survey must establish the boundaries of the exemption parcel(s). The certificate of survey is not required to establish, but may establish, the exterior boundaries of the remaining portion of the parent tract of land. However, the certificate of survey must show portions of the existing unchanged boundaries sufficient to identify the location and extent of the exemption parcel to be created. Unsurveyed portions of the parent tract of land must be labeled, "NOT A PART OF THIS CERTIFICATE OF SURVEY" or "NOT INCLUDED IN THIS CERTIFICATE OF SURVEY."

History

Authorizing statute(s): 37-67-202, 76-3-403, 76-3-411, MCA
Implementing statute(s): 37-67-314, 76-3-101, 76-3-102, 76-3-103, 76-3-104, 76-3-105, 76-3-201, 76-3-203, 76-3-205, 76-3-206, 76-3-207, 76-3-209, 76-3-301, 76-3-302, 76-3-303, 76-3-304, 76-3-305, 76-3-306, 76-3-307, 76-3-401, 76-3-402, 76-3-403, 76-3-404, 76-3-405, 76-3-406, 76-3-411, MCA
History: NEW, Eff. 1/5/74; EMERG, AMD, Eff. 7/1/74; AMD, Eff. 10/5/74; AMD, Eff. 4/5/76; AMD, 1977 MAR p. 955, Eff. 1/26/77; AMD, 1980 MAR p. 2806, Eff. 10/17/80; TRANS, from Dept. of Comm. Affairs, Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2000 MAR p. 462, Eff. 2/11/00; TRANS, from Commerce, 2005 MAR p. 966; AMD, 2013 MAR p. 673, Eff. 4/26/13; AMD, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2025 MAR, Notice No. 2025-123, Eff. 10/11/25.

Mont. Admin. R. 24.183.1107 Uniform Standards for Final Subdivision Plats

(1) A final subdivision plat must comply with the following requirements:

(a) the plat complies with the requirements contained in (2);

(b) the plat includes a Conditions of Approval sheet(s) that complies with the requirements contained in (4); and

(2) A plat must comply with the following requirements:

(a) A plat must be legibly drawn with permanent black ink or printed or reproduced by a process guaranteeing a permanent record and must be 18 inches by 24 inches or 24 inches by 36 inches. Margins must be a minimum 1/2-inch on all sides, or as required by the filing office.

(c) If more than one sheet must be used to adequately depict the land surveyed, each sheet must show the number of that sheet and the total number of sheets included. Except as provided in (4)(b), all certifications must be placed on sheet number one of the plat.

(d) A survey document that results in an increase in the number of lots or modifies six or more lots on a filed plat must be entitled "amended plat of (lot, block, and name of subdivision being amended)," and unless it is exempt from subdivision review by 76-3-201 or 76-3-207, MCA, must meet the filing requirements for final subdivision plats specified in this rule.

(e) A plat must show or contain the following information:

(i) a title or title block including the quarter-section, section, township, range, principal meridian, county, and if applicable, city or town in which the subdivision is located. The title of the plat must contain the words "plat" and either "subdivision" or "addition";

(ii) the name(s) of the person(s) who commissioned the survey, the name(s) of the owner(s) of the land to be subdivided, if other than the person(s) commissioning the survey, the names of any adjoining plats, and the numbers of any adjoining certificates of survey previously filed;

(iii) a north arrow;

(iv) a scale bar. The scale of the plat must be sufficient to legibly represent the required information and data on the plat;

(v) the location of, and other information relating to all monuments found, set, reset, replaced, or removed as required by ARM 24.183.1101;

(A) If additional monuments are to be set after the plat is filed, the location of these monuments must be shown by a distinct symbol, and the plat must contain a certification by the land surveyor as to the reason the monuments have not been set and the date by which they will be set, as required by ARM 24.183.1101(1)(d).

(B) All monuments found during the survey that influenced the position of any corner or boundary indicated on the plat must be clearly shown as required by ARM 24.183.1101(1)(c).

(vi) the location of any section corner or corners of divisions of sections the land surveyor deems to be pertinent to the survey or was used as control in the survey;

(vii) basis of bearing. For purposes of this rule, the term "basis of bearing" means the land surveyor's statement as to the origin of the bearings shown on the plat. If the basis of bearing(s) refers to two previously monumented points in a previously filed survey document, then the two previously monumented points must be shown and described on the plat, the line marked by the two previously monumented points must be labeled "basis of bearing," and the previously filed survey document name or number must be cited in the land surveyor's statement as to the origin of the bearing(s). If the plat shows true bearings, the basis of bearing must describe the method by which these true bearings were determined;

(viii) the bearings, distances, and curve data of all boundary lines and all control or pertinent lines used to determine the boundaries of the subdivision. If the subdivision is bounded by an irregular shoreline or a body of water that is a riparian boundary, the bearings and distances of a meander traverse generally paralleling the riparian boundary must be given;

(A) The courses along a meander line are shown solely to provide a basis for calculating the area of a parcel that has one or more riparian boundaries as the parcel existed at the time of survey.

(B) For purposes of this rule, a line that indicates a fixed boundary of a parcel is not a "meander" or "meander line" and may not be designated as one.

(C) If a boundary, control, or pertinent line contains multiple segments of the whole, then the overall distance must be shown, and each segment must at least include distance.

(ix) data on all curves sufficient to enable the reestablishment of the curves on the ground. For circular curves, the data must at least include radius and arc length, and either delta angle, radial bearings, or chord bearing and distance. All non-tangent points of intersection on the curve must show either the bearings of radial lines or chord length and bearing. Non-tangent curves must be so labeled;

(x) lengths of all lines shown to at least tenths of a foot, and all angles and bearings shown to at least the nearest minute. Distance measurements must be stated in English units, but their metric equivalents, shown to the nearest hundredth of a meter, may be noted parenthetically. If grid distances are shown, then ground distances must be shown parenthetically;

(xi) at least one record measurement reference for each line and curve, if available, must be shown;

(xii) all lots and blocks in the subdivision designated by number, the bearings, distances, and curve data of each lot and block, the area of each lot, and the total area of all lots. (Excepted lands must be labeled "NOT INCLUDED IN THIS SUBDIVISION" or "NOT INCLUDED IN THIS PLAT";

(xiii) all existing rights-of-way for streets, alleys, avenues, roads, and highways that adjoin or are within the boundaries of the subdivision; their names and widths from public record (if ascertainable); the bearings, distances, and curve data of their adjoining boundaries. If the existing right(s)-of-way is contained within the boundaries of the subdivision, then the area of the portion of the right(s)-of-way within the subdivision shall be shown;

(xiv) all rights-of-way for streets, alleys, avenues, roads, and highways that will be created by the filing of the plat; their names, widths, bearings, distances, curve data, and area;

(xv) except as provided in (2)(e)(xiii) and (xiv), the location, bearings, distances, curve data, and areas of all parks, common areas, and other grounds dedicated for public use;

(xvi) the total area of the subdivision;

(xvii) a narrative legal description of the subdivision.

(A) The land surveyor, at his or her discretion, may choose the form of the narrative legal description as follows:

(I) If the land to be subdivided is either an aliquot part of a U.S. government section or a U.S. government lot, the narrative legal description may be the aliquot part or the government lot description of the land;

(II) If the plat depicts the division of one or more parcels shown on a previously filed certificate of survey or plat, the narrative legal description may be the number of the previously filed certificate of survey or name of the previously filed plat and the parcel number of the parcel(s) previously surveyed;

(III) The narrative legal description may be the metes-and-bounds description of the perimeter boundary of the subdivision; or

(IV) If the narrative legal description does not fall within (2)(e)(xvii)(A)(I) or (II), the narrative legal description required by this subsection is the metes-and-bounds description of the perimeter boundary of the subdivision.

(B) When the narrative legal description is metes-and-bounds, the point of beginning, which is also the point of closure of the legal description of the subdivision surveyed, must be labeled "Point of Beginning." Alternatively, the point of beginning may be labeled "POB" if the abbreviation is defined on the plat.

(xviii) the dated signature and the seal of the land surveyor responsible for the survey. The land surveyor's signature certifies that the plat has been prepared in conformance with the applicable sections of the Montana Subdivision and Platting Act and the regulations adopted under the Act. The land surveyor's signature and certification do not include certification of the Conditions of Approval sheet(s);

(xix) a memorandum of any oaths administered under 76-3-405, MCA;

(xx) the dated, signed, and acknowledged consent to the subdivision of the owner of the land to be subdivided. For purposes of this rule, when the parcel of land proposed for subdivision is being conveyed under a contract-for-deed, the terms "property owner," "landowner," and "owner" mean the seller of the land under the contract-for-deed;

(xxi) certification by the governing body that the final plat is approved;

(xxii) if applicable, the landowner's certificate of dedication of streets, alleys, avenues, roads, highways, parks, playground easements, or other public improvements;

(xxiii) if applicable, or as required by subdivision regulations, the landowner(s)' certification statement(s) as follows:

(A) A statement that federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval that may limit the use of the property, including the location, size, and use are shown on the Conditions of Approval sheet or as otherwise stated.

(B) A statement that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat and that buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use of the property prior to closing.

(C) A statement that all or part of the required public improvements have been installed and/or security requirements pursuant to 76-3-507, MCA, secure the future construction of any remaining public improvements to be installed.

(xxiv) if applicable, a certificate of the governing body accepting any dedicated land, easements, or improvements;

(xxv) if applicable, the certificate of the examining land surveyor;

(xxvi) space for the clerk and recorder's filing information; and

(xxvii) a minimum two-inch by four-inch blank space below the clerk and recorder's filing information for the recording numbers of the documents listed in (5).

(f) The land surveyor, at his or her discretion, may provide additional information on the plat regarding the survey.

(3) The following certifications of final plat approval must appear on the plat or on the Conditions of Approval sheet as contained in (4), or recorded or filed as contained in (5) of these rules:

(a) A certification by the county treasurer that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid and, if applicable, certification of the local health officer having jurisdiction.

(4) If applicable, a sheet(s) of the plat prepared by the landowner(s) or their representative(s) depicting conformance with subdivision application approval shall be entitled "Conditions of Approval of [insert name of subdivision]" with a title block including the quarter-section, section, township, range, principal meridian, county, and, if applicable, city or town in which the subdivision is located, and shall contain:

(a) any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, or the use of particular parcels;

(b) a certification statement by the landowner that the text and/or graphics shown on the Conditions of Approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied; and

(c) a notation stating that the information shown is current as of the date of the certification required in (4)(b), and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations.

(5) If applicable, the following documents as specified by local government shall accompany the approved final plat and shall be recorded or filed with the plat as specified by the clerk and recorder, and the recording or filing number(s) for each document may be written on the plat by the clerk and recorder:

(a) a title report or certificate of a title abstractor showing the names of the owners of record of the land to be subdivided, and the names of any lien holders or claimants of record against the land, and the written consent to the subdivision by the owners of the land if other than the subdivider, and any lien holders or claimants of record against the land;

(b) any covenants or deed restrictions relating to the subdivision;

(c) for lots less than 20 acres in size, exclusive of public roadways, a certification from the Montana Department of Environmental Quality stating that it has approved the plans and specifications for water supply and sanitary facilities pursuant to 76-4-104(2), MCA;

(d) if required by the governing body, for lots of 20 acres or greater in size, written documentation that the subdivider has demonstrated that there is an adequate water source and at least one area for a septic system and replacement drainfield for each lot in accordance with 76-3-604(8)(b), MCA;

(e) a copy of any security requirements, pursuant to 76-3-507, MCA, securing the future construction of any remaining public improvements to be installed;

(f) unless otherwise provided in local subdivision regulations, copies of final plans, profiles, grades, and specifications for improvements, including a complete grading and drainage plan, with the certification of a professional engineer that all required improvements which have been installed are in conformance with the attached plans. Local subdivision regulations may authorize the subdivider, under conditions satisfactory to the governing body, to prepare these plans and specifications after the final plat has been filed, or file them with a government official other than the clerk and recorder, or both. If the approved plans and specifications are or will be filed with a government official other than the clerk and recorder, then a document or a statement on the Conditions of Approval sheet that states where the plans can be obtained must be filed or recorded;

(g) if a street, alley, avenue, road, or highway created by the plat will intersect with a state or federal right-of-way, a copy of the access or encroachment permit; and

(h) any other documents satisfying subdivision application approval required by the governing body to be filed or recorded.

History

Authorizing statute(s): 37-67-202, 76-3-403, 76-3-411, MCA
Implementing statute(s): 37-67-314, 76-3-101, 76-3-102, 76-3-103, 76-3-104, 76-3-105, 76-3-201, 76-3-203, 76-3-205, 76-3-206, 76-3-207, 76-3-209, 76-3-301, 76-3-302, 76-3-303, 76-3-304, 76-3-305, 76-3-306, 76-3-307, 76-3-401, 76-3-402, 76-3-403, 76-3-404, 76-3-405, 76-3-406, 76-3-411, MCA
History: NEW, Eff. 1/5/74; EMERG, AMD, Eff. 7/1/74; AMD, Eff. 10/5/74; AMD, Eff. 4/5/76; AMD, 1977 MAR p. 959, Eff. 11/26/77; AMD, 1980 MAR p. 2806, Eff. 10/17/80; TRANS, from Dept. of Comm. Affairs, Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2000 MAR p. 1041, Eff. 2/11/00; TRANS, from Commerce, 2005 MAR p. 966; AMD, 2013 MAR p. 673, Eff. 4/26/13; AMD, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2025 MAR, Notice No. 2025-123, Eff. 10/11/25.

Mont. Admin. R. 24.183.1108 General Principles

(1) Boundary location and monumentation are considered the practice of land surveying.

(2) National Geodetic Survey (NGS) is considered authoritative; however, their land surveyors, when acting under government authority, are not required to be a professional land surveyor to perform geodetic control surveys.

(3) Numerical accuracy, for example, submeter, is not a basis for consideration as to whether a professional land surveyor is required.

(4) Consideration of what is being mapped is not a basis for determining whether a professional land surveyor is required. Consideration of what the information will be used for should determine whether a professional land surveyor is required. In other words, it is not what is mapped, but the intended use for the data that determines whether or not a professional land surveyor is required.

(5) Preparation of legal descriptions for transfer of interest in real property is limited to professional land surveyors.

(6) Anyone may use land surveying methods for their own personal needs on their own property. Examples include assessing probable property lines, topography, and locations of physical features.

(7) Anyone can use land surveying methods to determine dynamic perimeters such as fire fronts, weather fronts, moving vehicles, etc., for reporting to the public, posting on the Internet, or any other use not prohibited by these guidelines.

(8) These guidelines do not preclude surveys performed by professional engineers or other legally recognized professions or trades as allowed by state law or administrative rule.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-1-131, 37-67-101, 37-67-301, MCA
History: NEW, 2011 MAR p. 385, Eff. 3/25/11.

Mont. Admin. R. 24.183.1109 Geomatics Definitions

(1) "Accuracy" may refer to expressed accuracy or implied accuracy.

(a) "Expressed accuracy" means designating a numerical value for spatial accuracy or spatial relationships between objects or data.

(b) "Implied accuracy" means designating things such as equipment, equipment operating procedures, field procedures, analysis, methodologies, etc. to support a spatial accuracy expectation.

(2) "Authoritative" means certifiably accurate, based on the expertise of one who is sanctioned by an established governmental authority.

(a) The following are examples of authoritative activities:

(i) the collection and evaluation of evidence with the intent to determine land boundary locations;

(ii) the collection, analysis, and evaluation of measurements, with the intent to certify the positional relationship of data sets to property boundaries, an elevation datum, or a geodetic control network;

(iii) the collection, analysis, and subsequent publication of positional information related to geodetic control; and

(iv) meeting or offering to meet a contractual spatial accuracy requirement, expressed or implied.

(b) Each of the authoritative activities identified as an example in (2)(a) must be performed by a professional land surveyor, with the following exceptions:

(i) activities that may be performed by a person other than a land surveyor, under the laws of this state or of the United States;

(ii) a geodesist recognized as an expert in the field of measurement science may perform activities described in (2)(a)(iii); and

(iii) a professional engineer may perform activities described in (2)(a)(iv).

(3) "Certification" means a written assurance, warranty, guarantee, or official representation that some act has or has not been done, or some event has occurred, or some legal formality has been complied with. Persons or entities providing certifications do so utilizing specific authority, licensure, or jurisdiction granted by law. Certification requires special knowledge, expertise and/or authority, generally held by a responsible official. The following are examples of certification:

(a) the certification that a professional land surveyor applies to a certificate of survey; and

(b) the certification of the locational accuracy of a Geographic Information System (GIS) product.

(4) "Control" may refer to geodetic control, mapping control, or survey control.

(a) "Geodetic control" means a set of permanently monumented control points, also commonly referred to as "stations," whose coordinates are established by geodetic surveying methodology.

(i) Geodetic control work may only be performed by a professional land surveyor or a federal agency designated to perform such surveys.

(ii) Geodetic control provides a common, consistent, and accurate reference system for establishing coordinates from which supplemental surveying, engineering, and mapping work is performed and to which any geographic data may be tied.

(iii) All National Spatial Data Infrastructure (NSDI) framework data and users' applications data require geodetic control to register spatial data.

(iv) The official national common reference system is designated the National Spatial Reference System (NSRS). Mapping and surveying works may be connected to the NSRS by tying new projects to previously established control points that are part of the NSRS. The fundamental geodetic control for the United States is provided through the National Oceanic and Atmospheric Administration's National Geodetic Survey (NGS) managed by NSRS. Geodetic control includes horizontal and vertical control monuments that are part of the NSRS (the NGS database).

(b) "Mapping control" means any horizontal or vertical coordinate position used to control maps that are not included in the definitions of geodetic or survey control.

(i) Mapping control provides the framework for the spatial placement of nonauthoritative products such as aerial photography, parcel mapping, and Geographic Information Systems (GIS).

(ii) Mapping control may or may not require a professional land surveyor, depending upon the intended use of the products.

(iii) Mapping control is typically, though not necessarily, based on an official reference system or geodetic datum.

(iv) Mapping control may be accomplished with various levels of accuracy and by various methods depending upon the intended use of the products.

(v) Control for georeferencing GIS data, some aerial photography, resource mapping, and inventory mapping may not require supervision by a professional land surveyor.

(vi) Control for aerial photography for use in functions included in the practice of land surveying or engineering surveying (i.e. boundary determination or engineering design) must be performed under the direct supervision of a professional land surveyor.

(c) "Survey control" means any horizontal or vertical coordinate position used to control fixed works of engineering or legal land boundaries. Survey control may only be performed by a professional land surveyor (or a federal agency designated to perform such surveys). Survey control may or may not be based upon any official reference system or geodetic datum. Survey control may be based on assumed coordinates, or geodetic control, or property corners, or Public Land Survey System (PLSS) corners, or randomly selected points. Survey control may be accomplished in various levels of accuracy and by various methods depending upon the use of the finished product. The following are examples of survey control:

(i) control for construction projects;

(ii) control for subdivision platting;

(iii) control for boundary surveys;

(iv) control created or tied for cadastral surveys for the Bureau of Land Management;

(v) control created or tied for geodetic ties for plats or surveys;

(vi) control created or tied for boundary surveys;

(vii) control created or tied for subdivision design or staking;

(viii) control created or tied for construction staking; and

(ix) control created or tied for American Land Title Association surveys.

(5) "Geomatics" means the science and technology dealing with the character and structure of geospatial information, its methods of capture, organization, classification, qualification, analysis, management, display, and dissemination, as well as the infrastructure necessary for the optimal use of this information.

(6) "Photogrammetry and remote sensing" means the art, science, and technology of obtaining reliable information from noncontact imaging and other sensor systems about the earth and its environment, and other physical objects and processes through recording, measuring, analyzing, and representation.

(7) "Spatial data" means information that identifies the geographic location and characteristics of natural or constructed features and boundaries on the surface of the earth. This information may be derived from, among other things, remote sensing, mapping, and surveying technologies. Spatial data may also be known as geospatial data.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-1-131, 37-67-101, 37-67-301, MCA
History: NEW, 2011 MAR p. 385, Eff. 3/25/11.

Mont. Admin. R. 24.183.1110 Activities Included Within Surveying Practice

(1) Activities that must be accomplished under the responsible charge of a professional land surveyor, unless specifically exempted in ARM 24.183.1111, include, but are not limited to the following:

(a) The creation of maps and georeferenced databases representing authoritative locations for boundaries, fixed works of engineering, or topography. Examples include:

(i) legal boundary surveys;

(ii) establishing or locating the extent, alignment, and acreage included in rights of way, easements, or other legal interests in real property;

(iii) engineering surveys for designs; and

(iv) as-built surveys.

(b) Preparing or offering to prepare a certificate of survey or plat.

(c) Preparing or offering to prepare legal descriptions or exhibits, and computation of associated acreage of real property boundaries, easements, or other legal interests in real property. Lands acquired for state highways are specifically exempted under 76-3-209, MCA.

(d) Original data acquisition or the resolution of conflicts between multiple data sources, when used for the authoritative location of features within data themes. Examples include:

(i) elevation and hydrography;

(ii) fixed works of engineering;

(iii) private and public boundaries; and

(iv) cadastral information.

(e) Original data acquisition by contract or second parties for authoritative purposes.

(f) Authoritative certification of positional accuracy of maps or measured survey data.

(g) Authoritative adjustments or authoritative interpretation of survey data.

(h) Geographic Information System (GIS)-based parcel or cadastral mapping used for authoritative boundary definition purposes wherein land title or development rights for individual parcels are or may be affected. Examples include:

(i) If the boundary of an administrative district is proposed to run "diagonally across section eight from the Northeast to the Southwest corners of said section" and a GIS-based map showing that line is adopted as the official representation of the boundary, that map must be prepared by, or under the direction of, a professional land surveyor.

(ii) If the boundary of an administrative district is proposed to run "one-half mile northeasterly of and parallel to County Road #4", and a GIS-based map showing that line is adopted as the official representation of the boundary, that map must be prepared by, or under the direction of, a professional land surveyor.

(iii) If a GIS-based map is used only to provide a graphical representation of that boundary, but authoritative determination of the boundary location is dependent upon survey of the described off-set line, preparation of the map need not be accomplished under the responsible charge of a professional land surveyor.

(i) Authoritative interpretation of maps, deeds, or other land title records to document or present evidence to assist in resolving conflicting boundaries.

(j) Acquisition and or verification of field data required to authoritatively position fixed works of engineering or cadastral data relative to control. Examples include:

(i) determination and identification of corner points; and

(ii) authoritative collection or calculation and compilation of geodetic coordinates of Public Land Survey System (PLSS) or any monument controlling a property line.

(k) Analysis, adjustment, or transformation of cadastral data with respect to geodetic control within a GIS, resulting in the certification of positional accuracy.

(l) Providing or offering to provide geodetic control/survey control and some types of mapping control.

(m) Establishing ground control and quality control proofing for remote sensing and photogrammetric products when used for authoritative purpose.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-1-131, 37-67-101, 37-67-301, MCA
History: NEW, 2011 MAR p. 385, Eff. 3/25/11.

Mont. Admin. R. 24.183.1111 Activities Excluded from Surveying Practice

(1) A distinction must be made between making and documenting original measurements in the creation of survey products, versus the copying, interpretation, or representation of those measurements. Further, a distinction must be made according to the intent, use, or purpose of measurement products to determine an authoritative location, versus the use of those products as a locational reference for planning, infrastructure management, and general information. The following items are not to be included as activities within the definition of land surveying:

(a) Items and activities exempted in 60-2-209, MCA and 76-3-209, MCA.

(b) The creation of any map not used for the authoritative location of property boundaries, the definition of the shape or contour of the earth, or the location of fixed works of engineering. Examples include but are not limited to maps:

(i) prepared by private firms or government agencies for use as guides to motorists, boaters, aviators, or pedestrians;

(ii) prepared for publication in a gazetteer or atlas as an educational tool or reference publication;

(iii) prepared for or by educational institutions for use in the curriculum of any course of study;

(iv) produced by any electronic or print media firm as an illustrative guide to the geographic location of any event; and

(v) prepared by laypersons for conversational or illustrative purposes, including advertising material and users guides.

(c) The transcription of previously georeferenced data into a Geographic Information System (GIS) or Land Information System (LIS) by manual or electronic means, and the maintenance thereof, provided the data are clearly not intended to indicate:

(i) the authoritative location of property or administrative boundaries, easements, rights of way, or other legal interest in real property;

(ii) the definition of the shape or contour of the earth; and

(iii) the location of fixed works of engineering.

(d) The transcription of public record data into a GIS- or LIS-based cadastre (tax maps and associated records) by manual or electronic means, and the maintenance of that cadastre, provided the data are clearly not intended to authoritatively represent property or administrative boundaries or easements, rights of way, or other legal interests in real property. Examples include:

(i) tax maps;

(ii) zoning maps; and

(iii) school district maps.

(e) The preparation of any document by any federal government agency that does not define real property boundaries. Examples include:

(i) civilian and military versions of quadrangle topographic maps;

(ii) military maps;

(iii) satellite imagery;

(iv) aerial photography; and

(v) orthoimagery.

(f) The incorporation or use of documents or databases prepared by any federal agency into a GIS/LIS. Examples include:

(i) census and demographic data;

(ii) quadrangle topographic maps; and

(iii) military maps.

(g) Inventory maps and databases created by any individual or organization, in either hardcopy or electronic form of physical features, facilities, or infrastructure that are wholly contained within properties to which they have rights or for which they have management or regulatory responsibility. The distribution of these maps and/or databases outside the organization must contain appropriate metadata clearly indicating that the data is not for design.

(h) Maps and databases depicting the distribution of natural resources or phenomena. Examples include, but are not limited to, maps prepared by:

(i) foresters;

(ii) geologists;

(iii) soil scientists;

(iv) geophysicists;

(v) biologists;

(vi) archeologists; and

(vii) historians.

(i) Maps and georeferenced databases depicting physical features and events prepared by any government agency where the access to that data is restricted by law. This includes georeferenced data generated by law enforcement agencies involving crime statistics and criminal activities.

(j) Engineering surveys performed by a professional engineer as specifically allowed under 37-67-101(4), MCA.

(k) Work ordinarily performed by persons who operate or maintain machinery or equipment, communication lines, signal circuits, electric power lines, or pipelines.

(l) The preparation of documents that create, assign, reference, or transfer interests in real property by reference to a legal description prepared by a professional land surveyor. Examples include, but are not limited to:

(i) contracts;

(ii) deeds;

(iii) easements;

(iv) certificates of location for mining claims;

(v) rights of way; and

(vi) similar documents, which may incorporate or make reference to:

(A) plats;

(B) certificates of survey;

(D) exhibits prepared by a professional land surveyor.

(m) Operating and publishing data from a continuously operating reference station (CORS).

(n) Original data acquisition by contract or second parties for nonauthoritative purposes when the metadata is clearly labeled "Not for Design."

(o) The acquisition, preparation, processing, manipulation, or certification of final products or original data developed or collected by remote sensing or photogrammetric methods. Control may be derived from existing sources for remote sensing or photogrammetric products, where spatial accuracy is not critical and specific map accuracy standards are not required.

History

Authorizing statute(s): 37-1-131, 37-67-202, MCA
Implementing statute(s): 37-1-131, 37-67-101, 37-67-103, 37-67-301, MCA
History: NEW, 2011 MAR p. 385, Eff. 3/25/11.

Subchapter 24.183.15 Shop Drawings

Mont. Admin. R. 24.183.1501 Fire Protection Shop Drawings

(1) When fire protection shop drawings are used to finalize engineering concepts:

(a) The licensee (a licensed professional engineer) shall provide the design concept adequate for shop drawing preparation by others. The design concept for sprinkler systems must include as a minimum:

(i) the density and water flow pressure requirements for the sprinkler system design;

(ii) the classification of commodities to be protected; and

(iii) confirmation of adequate water supply.

(b) A properly qualified technician or licensee shall execute the design concept and prepare shop drawings. Shop drawings for sprinkler systems must include as a minimum:

(i) layout of risers;

(ii) cross-mains;

(iii) branch lines;

(iv) sprinkler heads;

(v) sizing of pipe;

(vi) hanger locations; and

(vii) hydraulic calculations, in accordance with the design concepts.

(2) The licensee should not seal the shop drawings. A letter of review must be prepared indicating the licensee's acceptance of the shop drawings as being in accordance with the design concept. Such review letter may be made available to appropriate jurisdictional authorities and interested parties.

(3) For the purposes of (1) (b) , a "qualified technician" is a person who has at least one of the following qualifications:

(a) a national institute for certification in engineering technologies (NICET) level III technician certification;

(b) a NICET level IV technician certification; or

(c) 20 years experience in the field of automatic sprinkler layout in Montana, with the end of the 20-year experience term terminating February 1, 2002.

(4) A licensee shall not be required to provide design concepts or letter of review for:

(a) projects exempt from building code requirements for fire protection;

(b) remodeling involving less than 100 sprinklers to an existing fire protection system, provided there is no change in occupancy classification, storage configuration, or other change in occupancy use that would require design concept modifications; or

(c) routine maintenance, when accomplished in accordance with national fire protection association (NFPA) standard #25, "Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems."

(5) Information regarding the organizations referred to in this rule can be obtained from:

(a) NICET, 1420 King Street, Alexandria, VA 23314, or via the internet at http://nicet.org; and

(b) NFPA, PO Box 9101, Quincy, Massachusetts, 02269- 9101, or via the internet at http://www.nfpa.org/Home/index.asp.

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-101, MCA
History: NEW, 2002 MAR p. 3152, Eff. 11/15/02.

Subchapter 24.183.21 Renewals and Continuing Education

Mont. Admin. R. 24.183.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-1-141, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 645, Eff. 6/17/83; AMD, 1983 MAR p. 1717, Eff. 1/1/84; AMD, 1986 MAR p. 1958, Eff. 11/29/86; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2006 MAR p. 1633, Eff. 6/23/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2016 MAR p. 2424, Eff. 12/24/16.

Mont. Admin. R. 24.183.2102 Inactive Licensure

(1) Licensees not engaged in licensed activities may request to place their licenses on inactive status.

(2) While inactive, licensees must inform the board of any change in the licensee’s residency or mailing address.

(3) To avoid lapse, expiration, or termination, an inactive license must be renewed each renewal period.

(4) Licensees do not need to obtain continuing education until converting to active status.

(5) For an inactive licensee to become active, the licensee must:

(a) request to move to an active status via a board-approved form; and

(b) demonstrate completion of 30 hours of continuing education which comply with the continuing education rules in the two years immediately preceding the request for reactivation.

(6) In the event an inactive licensee does not maintain a current license in any jurisdiction for the three previous years prior to requesting conversion to active status, the board may require the applicant to take and pass the principles and practice of engineering (PE) examination or the principles and practice of land surveying (PLS) examination.

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-319, MCA
History: NEW, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2007 MAR p. 1327, Eff. 9/7/07; AMD, 2016 MAR p. 2424, Eff. 12/24/16; AMD, 2025 MAR, Notice No. 2025-123, Eff. 10/11/25.

Mont. Admin. R. 24.183.2103 Late Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-67-202, MCA
Implementing statute(s): 37-1-141, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 2134, Eff. 12/17/82; AMD, 1983 MAR p. 1717, Eff. 1/1/84; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2016 MAR p. 2424, Eff. 12/24/16.

Mont. Admin. R. 24.183.2104 Expired Certificate - Renewal Grace Period

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-315, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 645, Eff. 6/17/83; TRANS, from Commerce, 2002 MAR p. 1756; REP, 2006 MAR p. 1583, Eff. 7/1/06.

Mont. Admin. R. 24.183.2105 Continuing Professional Competency - Continuing Education

(1) Every licensee shall meet the continuing professional competency (continuing education) requirements of these regulations for professional development and affirm an understanding of their recurring duty to comply with continuing education requirements as a part of renewal.

(2) Terms used in this rule are defined as follows:

(a) "Professional development hour (PDH)" means a contact hour (nominal) of instruction or presentation;

(b) "Continuing education unit (CEU)" means a unit of credit customarily used for continuing education courses. One continuing education unit equals ten hours of class in an approved continuing education course;

(c) "College/unit semester/quarter hour" means credit for courses in ABET approved programs or other related college courses approved in accordance with (5), below;

(d) "Course/activity" means any qualifying course or activity with a clear purpose and objective which will maintain, improve or expand the skills and knowledge relevant to the licensee's field of practice;

(e) "Engineer-surveyor" means a person who is licensed as both an engineer and a land surveyor.

(3) Every licensee is required to obtain 30 PDH units during the two-year renewal period. If a licensee exceeds the annual requirement in any renewal period, a maximum of 15 PDH units may be carried forward into the subsequent renewal period. PDH units may be earned as follows:

(a) successful completion of college courses;

(b) successful completion of continuing education courses;

(d) presenting or attending qualifying seminars, in-house courses, workshops or professional or technical presentations made at meetings, conventions or conferences;

(e) teaching or instruction in (a) through (d), above;

(f) authoring published papers, articles or books;

(g) active participation in professional or technical societies;

(h) patents.

(4) The conversion of other units of credit to PDH units is as follows:

(a) one college or unit semester hour 45 PDH

(b) one college or unit quarter hour 30 PDH

(d) one hour of professional development in course work, seminars or professional or technical presentations made at meetings, conventions or conferences ................................. 1 PDH

(e) each published paper, article or book ........................................................................10 PDH

(f) active participation in professional and technical society (each organization) .........2 PDH

(g) each patent ....................................................................................................................10 PDH

(h) for teaching apply multiple of two. (Teaching credit is valid for teaching a course or seminar for the first time only. Teaching credit does not apply to full - time faculty.)

(i) self-study .........................................................................................................................10 PDH

(A maximum of 10 PDH will be allowed per renewal cycle for self-study. Self-study is considered a formatted review of new subject matter or technical information such as video tapes series, Internet courses that do not include a final examination, etc.)

(5) The board has final authority with respect to approval of courses, credit, PDH value for courses and other methods of earning credit.

(a) Credit for college or community college approved courses will be based upon course credit established by the college.

(b) Credit for qualifying seminars and workshops will be based on one PDH unit for each hour of attendance. Attendance at qualifying programs presented at professional and/or technical society meetings will earn PDH units for the actual time of each program.

(c) Credit determination for each published paper, article or book and each patent is the responsibility of the licensee (subject to review as required by the board) .

(d) Credit for active participation in professional and technical societies (limited to two PDH per organization) requires that a licensee serve as an officer and/or actively participate in a committee of the organization. PDH credits are not earned until the end of each year of service is completed.

(6) Licensees shall maintain records and documentation of completed continuing education and make the records available upon board request. Records required include, but are not limited to:

(a) a log showing the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name and PDH credits earned;

(b) attendance verification records in the form of completion certificates or other documents supporting evidence of attendance; or

(c) records as maintained by the professional development registry for engineers and surveyors (PDRES) or other similar repositories. These records must be maintained for a period of three years and copies may be requested by the board for audit verification purposes.

(7) A licensee may be exempt from the professional development educational requirements for one of the following reasons:

(a) New licensees by way of examination or comity shall be exempt from accruing PDHs for 12 months following licensure, after which 7.5 PDHs are required for each six-month period of licensure until the first renewal period that occurs on or after June 30, 2008;

(b) A licensee serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a year shall be exempt from obtaining the professional development hours required during that year;

(c) Licensees experiencing physical disability, illness or other extenuating circumstances as reviewed and approved by the board may be exempt. Supporting documentation must be furnished to the board;

(d) Licensees currently on inactive status shall be exempt.

(8) The number of PDH units required of engineer-surveyors shall be 30, at least one-third of which shall be obtained in each profession.

(9) The department may randomly audit up to 50 percent of renewed licensees.

(10) Licensees found to be in noncompliance with continuing education requirements may be subject to administrative suspension.

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-306, 37-1-319, MCA
History: NEW, 1997 MAR p. 196, Eff. 1/28/97; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2006 MAR p. 1630, Eff. 6/23/06; AMD, 2006 MAR p. 1633, Eff. 6/23/06; AMD, 2019 MAR p. 635, Eff. 5/25/19; AMD, 2021 MAR p. 1215, Eff. 9/25/21.

Subchapter 24.183.22 Unprofessional Conduct

Mont. Admin. R. 24.183.2201 Introduction

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-67-202, MCA
Implementing statute(s): 37-67-301, 37-67-331, MCA
History: NEW, 2001 MAR p. 553, Eff. 4/6/01; TRANS, from Commerce, 2002 MAR p. 1756; REP, 2014 MAR p. 2840, Eff. 11/21/14.

Mont. Admin. R. 24.183.2202 Safety, Health and Welfare of the Public Paramount in the Performance of Professional Duties

(1) In the performance of professional duties that are within the scope of the licensee's assigned responsibilities, licensees shall recognize their primary obligation is to protect the safety, health, property and welfare of the public. If their professional judgment is overruled under circumstances where the safety, health, property or welfare of the public are endangered, they shall notify their employer or client and such other authority as may be appropriate.

(2) Licensees shall approve and seal those design documents and surveys which are in conformity with accepted engineering and land surveying standards and are safe for public health, property and welfare.

(3) Licensees having direct knowledge of any alleged violation of the laws and rules of professional conduct must report all such allegations to the board.

History

Authorizing statute(s): 37-1-319, 37-67-202, MCA
Implementing statute(s): 37-1-316, 37-67-301, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2001 MAR p. 553, Eff. 4/6/01; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2006 MAR p. 1630, Eff. 6/23/06.

Mont. Admin. R. 24.183.2203 Performance of Services Only in Areas of Competence

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-67-202, MCA
Implementing statute(s): 37-1-316, 37-67-301, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2001 MAR p. 553, Eff. 4/6/01; TRANS, from Commerce, 2002 MAR p. 1756; REP, 2014 MAR p. 2840, Eff. 11/21/14.

Mont. Admin. R. 24.183.2204 Conflicts of Interest

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-67-202, MCA
Implementing statute(s): 37-1-316, 37-67-301, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2001 MAR p. 553, Eff. 4/6/01; TRANS, from Commerce, 2002 MAR p. 1756; REP, 2014 MAR p. 2840, Eff. 11/21/14.

Mont. Admin. R. 24.183.2205 Avoidance of Improper Solicitation of Professional Employment

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-67-202, MCA
Implementing statute(s): 37-1-316, 37-67-301, 37-67-331, MCA
History: Eff. 12/31/72; AMD, 1978 MAR p. 903, Eff. 6/24/78; AMD, 1979 MAR p. 1687, Eff. 12/28/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 1701, Eff. 8/31/90; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2001 MAR p. 553, Eff. 4/6/01; TRANS, from Commerce, 2002 MAR p. 1756; REP, 2014 MAR p. 2840, Eff. 11/21/14.

Mont. Admin. R. 24.183.2206 Issuance of Public Statements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-1-316, 37-67-301, MCA
History: NEW, 2001 MAR p. 553, Eff. 4/6/01; TRANS, from Commerce, 2002 MAR p. 1756; REP, 2014 MAR p. 2840, Eff. 11/21/14.

Mont. Admin. R. 24.183.2207 Unprofessional Conduct

(1) In addition to those forms of unprofessional conduct defined in 37-1-316, MCA, the following is unprofessional conduct for a licensee or license applicant under Title 37, chapter 67, MCA:

(a) conviction, including conviction following a plea of nolo contendere of an offense related to the ethical practice of engineering or land surveying, whether a misdemeanor or felony, and whether or not an appeal is pending;

(b) fraud, misrepresentation, deception, or concealment of a material fact in applying for or securing a license or license renewal, or in taking an examination required for licensure. As used herein, "material" means any false or misleading statement or information;

(d) making a false or misleading statement regarding the licensee's skill, experience, and scope of responsibility in connection with work for which they are claiming experience and performance of professional duties;

(e) failing to be objective and truthful in professional reports, statements, and testimony;

(f) publicly expressing a professional opinion on technical subjects when the opinion is not founded upon adequate knowledge of the facts and competence in the subject matter;

(g) issuing a statement, criticism, or argument on technical matters which are inspired by or paid for by interested parties, unless the licensee prefaces the comments by explicitly identifying the interested parties on whose behalf they are speaking and by revealing the existence of any interest the licensee may have in the matter;

(h) allowing the licensee's independent and professional judgment to be influenced in such a way that public safety, health, property, or welfare is endangered;

(i) approving and/or sealing design documents and surveys which do not conform with accepted engineering and land surveying standards, and which are thus unsafe for public health, property, and welfare;

(j) affixing a signature or seal to any plans or documents outside the competence of the licensee or not prepared under their responsible charge;

(k) failing to report professional misconduct and violation of the laws and rules of the board which are directly known to the licensee failing to report;

(l) failing to disclose known or potential conflicts of interest to a licensee's employers and clients by promptly informing them of any business association, interest, or other circumstances which could influence the licensee's judgment or quality of their services;

(m) accepting compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed upon by all interested parties;

(n) soliciting or accepting financial or other valuable consideration, directly or indirectly, from material or equipment suppliers or contractors in exchange for recommending the products of said suppliers or contractors, except with full disclosure;

(o) soliciting or accepting financial or other valuable consideration such as gratuities, gifts, travel, lodging, loans, entertainment, or other favors, directly or indirectly from contractors, their agents, or other parties in connection with work by the licensee or for the licensee's employers or clients for which the licensee is responsible;

(p) accepting a fee, contract, or commission for professional services on a "contingency basis," which may compromise the licensee's professional judgment;

(q) participating in decisions, with respect to professional services solicited or provided to a governmental body or organization, on which the licensee serves as a member, advisor, or employee;

(r) soliciting or accepting a professional contract from a governmental body on which a principal or officer of the licensee's employer serves as member, except upon public disclosure of all pertinent facts and circumstances and consent of the appropriate public authority;

(s) knowingly seeking or accepting employment for professional services for work on which another licensee or certificate holder is employed, or contracted to perform without the currently employed or contracted licensee or certificate holder being informed in writing; and

(t) knowingly attempting to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other licensees or indiscriminately criticizing other licensees' work.

History

Authorizing statute(s): 37-1-319, 37-67-202, MCA
Implementing statute(s): 37-1-316, 37-67-331, 37-67-332, MCA
History: NEW, 2014 MAR p. 2840, Eff. 11/21/14; AMD, 2019 MAR p. 635, Eff. 5/25/19.

Subchapter 24.183.24 Complaint Procedures

Mont. Admin. R. 24.183.2401 Screening Panel (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-1-307, MCA
History: NEW, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2010 MAR p. 530, Eff. 2/26/10; REP, 2025 MAR, Notice No. 2025-123, Eff. 10/11/25.

Mont. Admin. R. 24.183.2402 Anonymous Complaints

(1) The board will not accept anonymous complaints.

History

Authorizing statute(s): 37-67-202, MCA
Implementing statute(s): 37-67-202, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 1958, Eff. 11/29/86; AMD, 1994 MAR p. 2935, Eff. 11/11/94; AMD, 1997 MAR p. 196, Eff. 1/28/97; AMD, 2002 MAR p. 1326, Eff. 4/26/02; TRANS, from Commerce, 2002 MAR p. 1756; AMD, 2016 MAR p. 2424, Eff. 12/24/16.

Chapter 24.189 Board of Psychologists

Subchapter 24.189.1 Organizational Rule

Mont. Admin. R. 24.189.101 Board Organization

(1) The Board of Psychologists adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, Eff. 1/3/75; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.189.2 Procedural Rules

Mont. Admin. R. 24.189.201 Procedural Rules

(1) The Board of Psychologists adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, Eff. 1/3/75; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.189.202 Public Participation

(1) The Board of Psychologists adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1988 MAR p. 570, Eff. 3/25/88; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.189.205 Board Meetings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-202, MCA
Implementing statute(s): 37-17-201, 37-17-202, MCA
History: Eff. 12/31/72; AMD, Eff. 5/6/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1988 MAR p. 570, Eff. 3/25/88; AMD, 1997 MAR p. 538, Eff. 3/25/97; TRANS, from Commerce, 2004 MAR p. 2282; REP, 2023 MAR p. 1749, Eff. 12/9/23.

Subchapter 24.189.3 Definitions

Mont. Admin. R. 24.189.301 Definitions

(1) "APA" means the American Psychological Association.

(2) "BACB" means the Behavior Analyst Certification Board, a nonprofit corporation whose credentialing programs for behavior analysts and assistant behavior analysts are accredited by the National Commission for Certifying Agencies.

(3) "Behavior technician" means a supervisee primarily responsible for the direct implementation of behavior analytic services. The behavior technician does not design intervention or assessment plans.

(4) "Health care provider" is defined in 33-22-138, MCA.

(5) "Licensee" means the holder of a current license issued by the board.

(6) "Licensee-patient relationship" means:

(a) the licensee agrees to undertake diagnosis and/or treatment of an individual seeking services; and

(b) the individual agrees to be diagnosed and/or treated by the licensee whether or not there has been an in-person meeting between the two.

(7) "NCCA" means the National Commission for Certifying Agencies.

(8) "Psychological resident" means a supervisee following board approval of a supervised postdoctoral supervision proposal. This title shall be:

(a) used only in conjunction with activities and services of the postdoctoral supervised training to fulfill the experience requirements;

(b) used for a maximum of five years; and

(9) "Telehealth" is defined at 37-2-304, MCA.

History

Authorizing statute(s): 37-1-131, 37-2-304, 37-17-202, 37-17-406, MCA
Implementing statute(s): 37-1-131, 37-2-304, 37-17-101, 37-17-302, 37-17-402, 37-17-403, 37-17-404, 37-17-406, MCA
History: NEW, 2003 MAR p. 307, Eff. 2/28/03, AMD, 2004 MAR p. 1474, Eff. 7/2/04; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2007 MAR p. 348, Eff. 3/23/07; AMD, 2010 MAR p. 1508, Eff. 6/25/10; AMD, 2017 MAR p. 1656, Eff. 9/23/17; AMD, 2020 MAR p. 45, Eff. 1/18/20; AMD, 2023 MAR p. 1749, Eff. 12/9/23.

Subchapter 24.189.4 General Provisions

Mont. Admin. R. 24.189.401 Fee Schedule

(1) The department will collect the following fees, none of which are refundable:

(a) Psychologist application fee $310

(b) Psychologist active license renewal fee 280

(d) Psychologist temporary permit application fee 100

(e) Behavior analyst application fee 310

(f) Behavior analyst initial supervision fee, per behavior technician, student intern, or assistant behavior analyst supervised 25

(g) Assistant behavior analyst application fee 250

(h) Behavior analyst active license renewal fee 280

(i) Assistant behavior analyst active license renewal fee 150

(2) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-1-134, 37-17-202, 37-17-406, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-17-302, 37-17-403, 37-17-406, MCA
History: NEW, 1982 MAR p. 484, Eff. 3/12/82; AMD, 1983 MAR p. 1816, Eff. 12/16/83; AMD, 1988 MAR p. 570, Eff. 3/25/88; AMD, 1993 MAR p. 2232, Eff. 10/1/93; AMD, 1995 MAR p. 354, Eff. 3/17/95; AMD, 1995 MAR p. 2143, Eff. 10/13/95; AMD, 1999 MAR p. 1125, Eff. 5/21/99; AMD, 2001 MAR p. 1742, Eff. 9/7/01; AMD, 2001 MAR p. 2154, Eff. 10/26/01; AMD, 2003 MAR p. 307, Eff. 2/28/03; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 348, Eff. 3/23/07; AMD, 2007 MAR p. 1337, Eff. 9/7/07; AMD, 2012 MAR p. 1041, Eff. 5/25/12; AMD, 2014 MAR p. 2459, Eff. 10/10/14; AMD, 2016 MAR p. 2337, Eff. 12/10/16; AMD, 2017 MAR p. 1656, Eff. 9/23/17; AMD, 2020 MAR p. 2081, Eff. 11/7/20; AMD, 2021 MAR p. 1058, Eff. 8/28/21; AMD, 2022 MAR p. 1076, Eff. 6/25/22; AMD, 2023 MAR p. 1749, Eff. 12/9/23; AMD, 2026 MAR, Notice No. 2026-151, Eff. 5/9/26.

Mont. Admin. R. 24.189.402 Fee Abatement

(1) The Board of Psychologists adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-131, 37-17-202, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2005 MAR p. 2464, Eff. 12/9/05.

Mont. Admin. R. 24.189.404 Preparation of Licenses

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-202, MCA
Implementing statute(s): 37-17-305, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1988 MAR p. 570, Eff. 3/25/88; TRANS, from Commerce, 2004 MAR p. 2282; REP, 2016 MAR p. 2337, Eff. 12/10/16.

Mont. Admin. R. 24.189.407 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-141, 37-17-202, MCA
Implementing statute(s): 37-1-141, MCA
History: Eff. 12/31/72; AMD, Eff. 5/6/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1988 MAR p. 570, Eff. 3/25/88; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2016 MAR p. 2337, Eff. 12/10/16.

Mont. Admin. R. 24.189.411 Use of Title

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-17-202, MCA
Implementing statute(s): 37-17-104, 37-17-301, MCA
History: NEW, 1988 MAR p. 570, Eff. 3/25/88; AMD, 1997 MAR p. 637, Eff. 3/25/97; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2007 MAR p. 348, Eff. 3/23/07; REP, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.414 Nonresident Psychological Services

(1) Nonresident consulting psychological services defined in 37-17-104, MCA, may be rendered to individuals, groups, corporations, or the public for compensation or fee.

(2) To provide such services and engage in such activities in the state of Montana, a psychologist duly licensed in the state of his residence shall file with the board a completed and notarized form provided by the board, stating the nature, location and duration of said services that exceed ten days within any calendar year. Notification shall be provided to the board each year nonresident psychological services are rendered.

(3) A letter verifying termination of said services shall be filed with the board at the time of termination.

History

Authorizing statute(s): 37-1-131, 37-17-202, MCA
Implementing statute(s): 37-17-104, MCA
History: Eff. 12/31/72; AMD, Eff. 5/6/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1988 MAR p. 570, Eff. 3/25/88; AMD, 2001 MAR p. 1742, Eff. 9/7/01; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2012 MAR p. 1041, Eff. 5/25/12.

Mont. Admin. R. 24.189.415 Requirements for Licensees Providing Telehealth Services

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-17-202, 37-17-406, MCA
Implementing statute(s): 37-1-131, 37-17-102, 37-17-402, MCA
History: NEW, 2020 MAR p. 45, Eff. 1/18/20; REP, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.420 Temporary Permits

(1) Applicants may be issued a temporary permit if the applicant:

(a) lacks only the examination for licensure; and

(b) works under the supervision of a Montana licensee of the same license type.

(2) Supervisors must:

(b) have at least three years licensure prior to the beginning of supervision; and

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-305, 37-1-319, MCA
History: NEW, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.424 Telehealth Services

(1) Licensees may provide services through telehealth as provided in 37-2-305, MCA.

(2) A licensee-patient relationship must be established prior to providing services via telehealth through:

(a) in-person interview and examination when the standard of care requires such;

(b) consultation with another health care provider with a documented relationship with the patient who agrees to participate in, or supervise, the patient's care; or

History

Authorizing statute(s): 37-2-305, MCA
Implementing statute(s): 37-2-305, MCA
History: NEW, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.428 Administrative Suspension

(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

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department's licensee lookup and license verification databank.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2023 MAR p. 1749, Eff. 12/9/23.

Subchapter 24.189.6 Psychologist Licensure

Mont. Admin. R. 24.189.601 Psychologist Application Procedures

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-17-202, MCA
Implementing statute(s): 37-1-131, 37-17-302, MCA
History: Eff. 12/31/72; AMD, Eff. 5/6/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1988 MAR p. 570, Eff. 3/25/88; AMD, 1993 MAR p. 2232, Eff. 10/1/93; AMD, 1998 MAR p. 927, Eff. 4/17/98; AMD, 2001 MAR p. 1742, Eff. 9/7/01; AMD, 2003 MAR p. 307, Eff. 2/28/03; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2005 MAR p. 1294, Eff. 7/15/05; AMD, 2012 MAR p. 1041, Eff. 5/25/12; AMD, 2014 MAR p. 2459, Eff. 10/10/14; AMD, 2016 MAR p. 2337, Eff. 12/10/16; AMD, 2017 MAR p. 1654, Eff. 9/23/17; AMD, 2017 MAR p. 1656, Eff. 9/23/17; AMD, 2018 MAR p. 844, Eff. 4/28/18; AMD, 2020 MAR p. 2081, Eff. 11/7/20; REP, 2021 MAR p. 1058, Eff. 8/28/21.

Mont. Admin. R. 24.189.602 Exemptions from Licensure

(1) For purposes of licensure exemption in 37-17-104(1)(b), MCA, "within the confines of the agency or institution" means that the person is providing activities and services limited to the purposes and used only within the confines of the organization.

(2) For limited services in 37-17-104(1)(d), MCA, to be exempt as "consulting" services, including but not limited to services provided via electronic means on behalf of clients located within the state of Montana, the person claiming the exemption must not be a resident of Montana, must be licensed to provide the services in another state or Canadian province, and provide all such activities and services either:

(a) in association with, at the direction of, or upon the recommendation of a licensed Montana psychologist who bears primary responsibility for those activities and services; or

(b) in fulfilling a strictly forensic role as an expert witness and not as a treating psychologist.

(3) To be exempt under 37-17-104(1)(e), MCA, one must have submitted a completed application to the board within 12 months of becoming a Montana resident. Whether someone is a resident of Montana is a question determined by considering all relevant facts in each application.

History

Authorizing statute(s): 37-17-202, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2014 MAR p. 2459, Eff. 10/10/14; AMD, 2017 MAR p. 1654, Eff. 9/23/17; AMD, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.603 Military Training or Experience

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 2459, Eff. 10/10/14; REP, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.604 Minimum Standards

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-17-202, 37-17-302, MCA
Implementing statute(s): 37-1-131, 37-17-302, MCA
History: NEW, 1988 MAR p. 570, Eff. 3/25/88; AMD, 1999 MAR p. 211, Eff. 1/29/99; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2007 MAR p. 1337, Eff. 9/7/07; AMD, 2014 MAR p. 2459, Eff. 10/10/14; AMD, 2016 MAR p. 2337, Eff. 12/10/16; AMD, 2017 MAR p. 1654, Eff. 9/23/17; AMD, 2018 MAR p. 844, Eff. 4/28/18; REP, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.605 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 Board of Psychology substantial equivalency list for board publication.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2025-361, Eff. 2/7/26.

Mont. Admin. R. 24.189.607 Required Supervised Experience

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-17-202, MCA
Implementing statute(s): 37-1-131, 37-17-302, 37-17-320, MCA
History: Eff. 12/31/72; AMD, Eff. 5/6/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1988 MAR p. 570, Eff. 3/25/88; AMD, 1994 MAR p. 389, Eff. 2/25/94; AMD, 1995 MAR p. 354, Eff. 3/17/95; AMD, 2001 MAR p. 1742, Eff. 9/7/01; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2007 MAR p. 348, Eff. 3/23/07; AMD, 2010 MAR p. 1508, Eff. 6/25/10; AMD, 2012 MAR p. 1041, Eff. 5/25/12; AMD, 2014 MAR p. 2459, Eff. 10/10/14; AMD, 2020 MAR p. 45, Eff. 1/18/20; AMD, 2021 MAR p. 1058, Eff. 8/28/21; REP, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.610 Examination

(1) Examinations for licensure are a computerized national examination and a computerized Montana jurisdictional training course with evaluative aspects, conducted by the board or its representative(s). Acceptable performance on the computerized examination developed by the national licensing program, with the support of the Association of State and Provincial Psychology Boards, is a scaled score of 500.

(2) Applicants may take the Montana training course as many times as necessary to pass. Applicants who fail the national examination two or more times must file a plan with the board to secure further professional training and experience before retaking the exam. The applicant must complete the approved plan before retaking the examination.

History

Authorizing statute(s): 37-1-131, 37-17-202, MCA
Implementing statute(s): 37-1-131, 37-17-302, MCA
History: Eff. 12/31/72; AMD, Eff. 5/6/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1988 MAR p. 570, Eff. 3/25/88; AMD, 1993 MAR p. 2232, Eff. 10/1/93; AMD, 1999 MAR p. 211, Eff. 1/29/99; AMD, 2001 MAR p. 1742, Eff. 9/7/01; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2012 MAR p. 1041, Eff. 5/25/12; AMD, 2016 MAR p. 2337, Eff. 12/10/16; AMD, 2018 MAR p. 844, Eff. 4/28/18; AMD, 2020 MAR p. 2081, Eff. 11/7/20; AMD, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.613 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2018 MAR p. 844, Eff. 4/28/18; AMD, 2021 MAR p. 556, Eff. 5/15/21; AMD, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.614 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21; AMD, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.620 Licensees from Other States or Canadian Jurisdictions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-17-202, MCA
Implementing statute(s): 37-1-304, 37-17-304, MCA
History: Eff. 12/31/72; AMD, Eff. 1/5/74; AMD, Eff. 5/6/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1988 MAR p. 570, Eff. 3/25/88; AMD, 1994 MAR p. 389, Eff. 2/25/94; AMD, 1997 MAR p. 538, Eff. 3/25/97; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2005 MAR p. 1294, Eff. 7/15/05; AMD, 2014 MAR p. 2459, Eff. 10/10/14; REP, 2020 MAR p. 45, Eff. 1/18/20.

Mont. Admin. R. 24.189.625 Licensure of Foreign-Trained Psychologists

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-17-202, MCA
Implementing statute(s): 37-1-131, 37-17-302, 37-17-309, MCA
History: NEW, 2004 MAR p. 1474, Eff. 7/2/04; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2017 MAR p. 1654, Eff. 9/23/17; REP, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.630 Licensure as a Psychologist by Experience (senior)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-202, MCA
Implementing statute(s): 37-17-310, MCA
History: NEW, 1996 MAR p. 151, Eff. 1/12/96; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2014 MAR p. 2459, Eff. 10/10/14; AMD, 2018 MAR p. 844, Eff. 4/28/18; REP, 2021 MAR p. 1058, Eff. 8/28/21.

Mont. Admin. R. 24.189.633 Temporary Permit

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-305, MCA
History: NEW, 2012 MAR p. 1041, Eff. 5/25/12; AMD, 2014 MAR p. 2459, Eff. 10/10/14; AMD, 2016 MAR p. 2337, Eff. 12/10/16; AMD, 2017 MAR p. 1656, Eff. 9/23/17; AMD, 2020 MAR p. 2081, Eff. 11/7/20; REP, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.640 Course of Study Minimum Standards

(1) Applicants seeking licensure via 37-17-302(3)(c), MCA, must have their courses of study assessed by a board-approved evaluator to ensure compliance with minimum standards in this rule.

(a) The board shall consider, but is not bound by, the evaluator's recommendation.

(b) Applicants must pay any fee required by the evaluator.

(2) Per 37-17-302(3)(c), MCA, a psychology program meets minimum standards if the program:

(a) is administratively housed and clearly identified as a psychology program with emphasis in applied areas such as clinical, counseling, school, or industrial-organizational psychology;

(b) stands as a recognizable, coherent organizational entity within the institution;

(c) has clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

(d) follows an organized sequence of study to provide an integrated psychology education experience;

(e) has an identifiable psychology faculty and a psychologist responsible for the program;

(f) has an identifiable body of students who are matriculated in that program for a degree;

(g) includes appropriate supervised clinical experience of at least three terms/two semesters;

(h) contains a curriculum of a minimum of three academic years of full-time graduate study with a pre-doctoral internship per ARM 24.189.644 at the educational institution granting the doctoral degree. The curriculum must instruct in scientific and professional ethics and standards, research design and methodology, statistics, and psychometrics, and require students demonstrate competence (a minimum of three or more graduate semester hours/five or more graduate quarter hours) in each of these substantive content areas:

(i) Biological bases of behavior: physiological psychology, comparative psychology, neuropsychology, sensation and perception, psychopharmacology;

(ii) Cognitive-affective bases of behavior: learning, thinking, motivation, emotion;

(iii) Social bases of behavior: social psychology, group processes, organizational and systems theory; and

(iv) Individual differences: personality theory, human development, abnormal psychology;

(i) includes adequate training in psychodiagnosis and several types of psychological assessment and intervention procedures and their theoretical bases; and

(j) includes at least 60 quarter hours/40 semester hours of formal psychology graduate study.

(i) No more than 15 quarter hours/ten semester hours of university extension credits may be credited toward the doctoral degree requirement.

(ii) Of the 60 quarter hours, a minimum of 45 quarter hours/30 semester hours must occur when the applicant is matriculated in the doctoral program and be clearly designated on the transcript as graduate level psychology course work, exclusive of practicum, dissertation, and transfer credits.

(3) The board and its evaluator have reviewed several applications containing doctoral degrees from American Psychological Association-approved doctoral programs in school psychology and counseling psychology. The board deems these programs qualified under the required minimum standards.

History

Authorizing statute(s): 37-1-131, 37-17-202, 37-17-302, MCA
Implementing statute(s): 37-1-131, 37-17-302, MCA
History: NEW, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.644 Required Pre-Doctoral Internship

(1) As used in ARM 24.189.640, "pre-doctoral internship" means active engagement by a student in a training program of the educational institution granting the doctoral degree.

(a) Critical components of the internship must include:

(i) adequate opportunity for the student to:

(A) obtain professional training and scholarship;

(B) work closely with professors, supervisors, and other students; and

(ii) adequate time to assess the student's competence including:

(A) emotional stability and well-being;

(B) interpersonal competence;

(D) personal fitness to practice psychology.

(b) The pre-doctoral internship must be at least 1500 hours in length and be completed in no less than nine months and no longer than 24 months. Twenty-five percent of internship hours must be in face-to-face contact with patients or clients.

(c) Internship experience must have at least 30 hours per week at the internship site, but no more than 45 hours per week.

(d) Active engagement must be documented by a log of internship activities signed by the student's academic advisor. Such activities must:

(i) include both faculty-to-student and student-to-student face-to-face interaction;

(ii) be conducted by the psychology faculty of the institution at least 90 percent of the time; and

(iii) relate substantially to program and course content.

(e) The institution must clearly document its assessment and evaluation of the student's performance.

History

Authorizing statute(s): 37-1-131, 37-17-202, 37-17-302, MCA
Implementing statute(s): 37-1-131, 37-17-302, MCA
History: NEW, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.648 Postdoctoral Supervision

(1) Postdoctoral supervisee licenses expire upon conclusion of the approved postdoctoral supervision unless the licensee completes the application process and obtains a full psychologist license.

(2) Supervised experience must occur over two calendar years (3200 hours minimum) as follows:

(a) one year may be predoctoral, occurring after the master's degree and during an American Psychology Association (APA) approved or substantially equivalent internship for a psychology doctoral degree; and

(b) one year (1600 hours minimum) must be postdoctoral occurring after completion of doctoral degree requirements. The board must approve the extension of supervised experience beyond 12 consecutive months.

(3) Postdoctoral supervision requirements are:

(a) at least one hour in-person or approved telehealth supervision each week;

(b) the supervisee providing direct clinical services at least 25 percent of the time;

(c) at least one other licensed mental health professional, in addition to the supervisor, participating in the supervisee's training and on-site when the supervisor is not; and

(d) supervision by a psychologist with:

(i) a minimum of three years licensure prior to supervising; and

(ii) previous supervisor training and/or experience;

(A) at least equivalent to Montana's requirements; and

(B) in the skills and knowledge in which the applicant is engaged.

(4) Satisfactory postdoctoral experience applies the skills, concepts, and principles gained during the formal professional education and includes:

(a) administering and interpreting psychological tests and helping solve professional or personal problems for no less than 25 percent of one year (400 hours minimum);

(b) supervising graduate-level practicum for no more than 25 percent of one year (400 hours maximum); and

(c) designing original research projects, analyzing and reporting research data, and teaching one or more psychology courses for no more than 50 percent of one year (800 hours maximum).

(5) Unacceptable supervised experience occurring without the board's preapproval and outside the exempted activities of 37-17-104, MCA, is unlicensed practice. Unacceptable experience also includes:

(a) repetitious and routine tasks, e.g., administering and scoring structured tests, computing statistics, assisting psychology course instructors, or personal therapy; and

(b) experience gained prior to completing all requirements for a psychology master's degree or equivalent.

(6) Individual solo private practice does not qualify as acceptable professional experience. The supervisee must be an employee of the postdoctoral training setting and shall not bill independently for services provided.

(7) Credit for part-time supervisee employment will be prorated.

(8) Supervisors are not required to work at or be employed by the entity employing the supervisee but must:

(a) be available for emergency supervision;

(b) provide emergency consultation and intervention to the supervisee's clients;

(c) interrupt or terminate the supervisee's activities when needed to ensure adequate skill development and the public's protection;

(d) report supervisee breaches in ethical, legal, or professional responsibilities to the board; and

(e) develop with the supervisee a written individualized training plan that:

(i) specifies all roles, goals, and objectives;

(ii) is consistent with the purpose of the setting;

(iii) meets the supervisee's needs; and

(iv) serves as the foundation for quarterly evaluations that:

(A) address professional and ethical conduct, psychotherapy and evaluation skills, and other conduct, knowledge, and skills applicable to tasks performed and training received;

(B) are reviewed with the supervisee and signed by both supervisor and supervisee; and

History

Authorizing statute(s): 37-1-131, 37-17-202, MCA
Implementing statute(s): 37-1-131, 37-17-302, 37-17-320, MCA
History: NEW, 2023 MAR p. 1749, Eff. 12/9/23.

Subchapter 24.189.8 Parenting Plan Evaluations

Mont. Admin. R. 24.189.801 Orienting Guidelines

(1) Parenting plan evaluation rules protect both consumers and providers of psychological services, and help insure provider competency and consistency in child custody proceedings per Title 40, chapter 4, MCA.

(2) Parenting plan evaluations help determine what is in the best interests of the child. The "fit" between each parent and the child or children is the central issue, not the psychological diagnosis of each parent or of each child. If a parent or child shows any relevant mental, cognitive, physical, or other disorder, the implications of that disorder for the best interest of the child must be addressed.

(3) Two different parents showing very similar personalities and parenting styles might affect two different children in essentially different ways. It cannot be assumed that qualities generally admired by the population at large are necessarily those that make the better parent, or are in the best interests of the child. For example, factors such as which parent has the most money, the most friends, the largest house, is the most religious, the most physically active, has the most education, is home the most, lacks a history of psychological diagnosis or treatment, and so on, may bear on the issue at hand, but are not the determining factors in and of themselves. How each factor supports the child's needs and well being, or detracts from the child's needs and well being, is a primary consideration. The intention of a parenting plan evaluation is to make a parenting recommendation that will support the child's development along the healthiest lines possible.

History

Authorizing statute(s): 37-1-131, 37-1-136, MCA
Implementing statute(s): 37-1-131, 37-1-136, MCA
History: NEW, 2001 MAR p. 1742, Eff. 9/7/01; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2026 MAR, Notice No. 2026-151, Eff. 5/9/26.

Mont. Admin. R. 24.189.804 Role of the Psychologist

(1) The psychologist must maintain an unbiased, impartial role in conducting a parenting plan evaluation and make recommendations in the best psychological interests of the child as the client. The psychologist must:

(a) clarify with all parties, attorneys, and the court the nature of the psychologist's role as an objective evaluator;

(b) act as an impartial evaluator of the parties, assessing relevant information, and informing and advising the court and other parties of the relevant factors pertaining to the parenting issue;

(d) attempt to withdraw from the case if circumstances prevent the psychologist from performing impartially. (See ARM 24.189.807). If unable to withdraw, the psychologist must disclose any factors that may bias the psychologist’s findings or compromise the psychologist’s objectivity;

(e) communicate with parents or attorneys to avoid bias and exercise discretion when informing parties or their attorneys of significant information gathered during the course of the evaluation; and

(f) not communicate essential information to one party's attorney without also communicating the information to the other party's attorney, and to the guardian ad litem, if one is appointed.

History

Authorizing statute(s): 37-1-131, 37-1-136, MCA
Implementing statute(s): 37-1-131, 37-1-136, MCA
History: NEW, 2001 MAR p. 1742, Eff. 9/7/01; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2026 MAR, Notice No. 2026-151, Eff. 5/9/26.

Mont. Admin. R. 24.189.807 Dual Relationships

(1) When performing parenting plan evaluations, psychologists must avoid dual relationships and situations that may create a conflict of interest by:

(a) not conducting parenting plan evaluations in cases where the psychologist has served or can reasonably anticipate serving in a therapeutic role for the child or the child's immediate family, or has had other significant involvement that may compromise the psychologist's objectivity;

(b) not accepting anyone involved in the parenting plan evaluation as therapy clients, either during or after the evaluation; and

(c) being aware of the limitations, possible biases, and potential impact on an ongoing therapeutic relationship when asked to testify regarding a therapy client involved in a parenting plan case. If required to testify, the psychologist must limit testimony to factual issues and not provide expert opinion on parenting plan issues.

History

Authorizing statute(s): 37-1-131, 37-1-136, MCA
Implementing statute(s): 37-1-131, 37-1-136, MCA
History: NEW, 2001 MAR p. 1742, Eff. 9/7/01; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2026 MAR, Notice No. 2026-151, Eff. 5/9/26.

Mont. Admin. R. 24.189.810 Competency

(1) Psychologists may only perform parenting plan evaluations if they have acquired specialized training, education, and experience in the areas of psychological assessment of children and adults, child and family development, child and family psychopathology, and the impact of divorce on families. They shall acquire current knowledge regarding diverse populations, especially as it relates to child-rearing issues. To perform parenting plan evaluations in Montana, psychologists must:

(a) hold a current Montana license in good standing; or

(b) meet the consultation requirements in 37-17-104, MCA; and

(i) psychological assessment of children and adults;

(ii) child and family development;

(iii) child and family psychopathology;

(iv) the impact of divorce on families; and

(v) current diverse populations as relating to child-rearing.

(2) Psychologists must:

(a) utilize multiple data collection methods in a parenting plan evaluation;

(b) understand, clarify, and utilize the concept of the "best interests of the child" per Title 40, chapter 4, MCA;

(c) maintain current knowledge of legal standards regarding parenting plans, divorce, and laws regarding abuse, neglect, and domestic violence;

(d) understand the civil rights of parties involved in legal proceedings and perform professionally so as to not diminish or threaten those rights;

(e) not render diagnoses or form expert opinions about any party not personally evaluated; and

(f) make parenting plan recommendations only when both parents and children have been personally evaluated by the psychologist. When all parties cannot be evaluated, psychologists must limit recommendations and opinions to only those evaluated and avoid making recommendations regarding placement and visitation.

History

Authorizing statute(s): 37-1-131, 37-1-136, MCA
Implementing statute(s): 37-1-131, 37-1-136, MCA
History: NEW, 2001 MAR p. 1742, Eff. 9/7/01; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2017 MAR p. 1654, Eff. 9/23/17; AMD, 2026 MAR, Notice No. 2026-151, Eff. 5/9/26.

Mont. Admin. R. 24.189.813 Limits of Confidentiality

(1) Psychologists must inform all participants, including parents, children when feasible, other family members, and third party contacts such as teachers, physicians, and child care providers, of expected confidentiality limits regarding any information they provide to the psychologist during the evaluation, including:

(a) limits applicable to the general practice of psychology, such as a duty to warn of possible imminent danger to a participant or to others;

(b) legal obligations to report suspected child or elder abuse; and

(i) the need to disclose information provided by any participant to other participants to obtain accounts of circumstances pertinent to the issues evaluated;

(ii) the expectation of disclosure of relevant information provided by individual participants to the involved attorneys, the court, and the guardian ad litem, if one is appointed; and

(iii) the likely disclosure of the psychologist's findings, professional opinions, and recommendations regarding the resolution of contested matters within the scope of the evaluation to parents, their attorneys, the court, and any other party, such as a guardian ad litem.

(2) Psychologists must:

(a) obtain written waivers of confidentiality from the parents participating in the evaluation that encompass all information disclosures to other persons, including other participants in the evaluation, attorneys, and the court;

(b) take reasonable precautions in handling children's disclosures of abuse, neglect, or any other circumstances that may place the child at increased risk of physical or emotional harm and recognize the right of any person accused of misconduct to respond to allegations while placing the highest priority on the child’s safety and well-being ;

(c) recognize that disclosures of statements by abused spouses may pose special risks to the safety and well-being of persons claiming to be victims of domestic abuse. Prior to disclosure of such allegations to an alleged perpetrator or to other persons who may support, collude with, or otherwise increase the risk of abuse, the psychologist must inform the alleged victim that the disclosure will take place and, if appropriate, provide information on available community resources for protection, planning, personal assistance, and counseling for domestic abuse victims; and

(d) not agree to requests by parenting plan evaluation participants to conceal information shared with the psychologist and instead must clarify the requirements of the evaluation regarding confidentiality, and may advise the participant to consult with the participant's attorney before proceeding with the evaluation. The psychologist must ultimately respect the right of any participant to withhold information from the evaluation. Whether the refusal to provide information should itself be made known to others, must be decided by the psychologist based on the relevance of such refusal to the issues before the court in the particular case at hand; and

(e) recognize the possibility that the need to disclose information obtained in the evaluation may limit the validity of data acquired during the evaluation by inhibiting the free and complete disclosure of information by participants.

History

Authorizing statute(s): 37-1-131, 37-1-136, MCA
Implementing statute(s): 37-1-131, 37-1-136, MCA
History: NEW, 2001 MAR p. 1742, Eff. 9/7/01; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2017 MAR p. 1654, Eff. 9/23/17; AMD, 2026 MAR, Notice No. 2026-151, Eff. 5/9/26.

Mont. Admin. R. 24.189.817 Disclosure and Informed Consent

(1) Psychologists must obtain informed consents from parents involved in parenting plan evaluations and, to the extent feasible, inform children of significant aspects of the evaluation, prior to conducting interviews, testing, or other data-gathering procedures. Disclosure of information to the parents must include a thorough explanation of all major aspects of the evaluation, including:

(a) a general review of the purpose, nature, methods, scope, and limitations of a parenting plan evaluation, and the potential impact of the evaluation on the outcome of litigation;

(b) clarification as to who has requested the evaluation and who will receive verbal or written feedback as to the results and recommendations;

(c) the nature of data to be collected and potential uses to which that data will be put, including data from psychological testing and structured interview protocols;

(d) the methods of assessing and collecting fees for professional services, including specification of who will be financially responsible for the evaluation, expectations as to timing of payments, and policies related to the collection of unpaid fees; and

(e) the nature and limits of confidentiality, both as generally applicable to psychological services and as required by the nature of the evaluation. (See ARM 24.189.813).

(2) Psychologists must inform parents of the above elements and offer them an opportunity to discuss the evaluation with an attorney before proceeding.

History

Authorizing statute(s): 37-1-131, 37-1-136, MCA
Implementing statute(s): 37-1-131, 37-1-136, MCA
History: NEW, 2001 MAR p. 1742, Eff. 9/7/01; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2026 MAR, Notice No. 2026-151, Eff. 5/9/26.

Mont. Admin. R. 24.189.820 Data Collection and Use

(1) Psychologists must utilize generally accepted standards for data collection and use as follows:

(a) In evaluating alternative hypotheses, psychologists must include data from several different sources and types, such as interviews, testing, observations of interactions, questionnaires, and record reviews and be prepared to specify the reasons for collecting each kind of data and the relation to the child's best interests.

(b) Psychologists must keep comprehensive and detailed records of all data collected.

(d) Psychologists must not treat subjective data as objective and must attempt to corroborate or rule out allegations of parental behavior affecting a child detrimentally.

(e) Psychologists must disclose when unable to form a clear opinion based on objective data or data verified by multiple sources and, if appropriate, recommend methods to gather further data, such as a child seeing a therapist or a parent undergoing drug and alcohol assessment.

(f) If issues affecting what is in the child's best interest arise and cannot be investigated due to the limited scope of the evaluation as imposed by the court or an agency, the psychologist must report those issues to the parents, their attorneys, and the court.

(g) Psychologists without the expertise to investigate or form an opinion on issues that may arise must involve another psychologist or specialist having the necessary expertise.

History

Authorizing statute(s): 37-1-131, 37-1-136, MCA
Implementing statute(s): 37-1-131, 37-1-136, MCA
History: NEW, 2001 MAR p. 1742, Eff. 9/7/01; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2026 MAR, Notice No. 2026-151, Eff. 5/9/26.

Mont. Admin. R. 24.189.823 Documentation

(1) Upon completion of a parenting plan evaluation, psychologists must produce a written report of the findings and recommendations.

(2) Psychologists must:

(a) retain all items presented to them or a copy thereof that the psychologist used to formulate a professional opinion and a copy of the final report;

(b) maintain clear and complete records;

(d) maintain adequate documentation of their contacts with clients and of the clinically significant information derived from these contacts;

(e) create and maintain documentation of all data that form the basis for their conclusions, in the detail and quality that would be consistent with reasonable scrutiny in an adjudicative forum;

(f) make clear, to all parties, that the report may be altered at any time by the psychologist until the final decision of the court is made;

(g) make a reasonable effort to ensure that the court, attorneys, parents, and guardian ad litem, if any, receive the report at the same time;

(h) recognize that all items in the case file, other than copies of tests, raw test data, and computer-generated interpretive reports may be brought into the courtroom; and

(i) recognize that all parenting plan evaluations and reports are highly sensitive material and discretion is necessary.

History

Authorizing statute(s): 37-1-131, 37-1-136, MCA
Implementing statute(s): 37-1-131, 37-1-136, MCA
History: NEW, 2001 MAR p. 1742, Eff. 9/7/01; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2026 MAR, Notice No. 2026-151, Eff. 5/9/26.

(c) meet face-to-face with supervisees at least once a month for discussion, education, training, practice issues, and client care;

(d) enter into written supervision agreements with supervisees that must provide for appropriate:

(i) supervision methods;

(ii) scope of delegation of practice authority;

(iii) limitations on the supervisee's practice authority; and

(iv) frequency and duration of face-to-face meetings; and

(e) keep supervision agreements for seven years after termination of the supervision and provide a copy upon board or staff request.

(2) A behavior analyst may supervise:

(a) up to three student interns if also supervising behavior technicians or assistant behavior analysts; or

(b) up to seven student interns if not supervising behavior technicians or assistant behavior analysts.

History

Authorizing statute(s): 37-17-406, MCA
Implementing statute(s): 37-17-403, 37-17-405, 37-17-406, MCA
History: NEW, 2023 MAR p. 1749, Eff. 12/9/23.

Subchapter 24.189.16 Ethical Code of Conduct

Mont. Admin. R. 24.189.1604 Behavior Analyst Ethical Code of Conduct

(1) The board adopts and incorporates by reference the Behavior Analyst Certification Board's (BACB) Ethics Code for Behavior Analysts (as effective January 1, 2022) and considers it to be the code of ethics governing the professional conduct of behavior analysts and assistant behavior analysts licensed by the board. Copies of the document are found at bacb.com .

(2) Behavior analysts and assistant behavior analysts shall follow the BACB Ethics Code in (1) unless it directly conflicts with Montana statutes or rules.

History

Authorizing statute(s): 37-1-319, 37-17-202, MCA
Implementing statute(s): 37-1-316, 37-17-101, MCA
History: NEW, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.1608 Psychologist Ethical Code of Conduct

(1) The board adopts and incorporates by reference the American Psychological Association's Ethical Principles of Psychologists and Code of Conduct (as effective June 1, 2003, and includes the June 1, 2010, and January 1, 2017, amendments) and considers it to be the code of ethics governing the professional conduct of psychologists licensed by the board. Copies of the document are found at apa.org/ethics/code .

(2) Psychologists shall follow the APA ethics code in (1) unless it directly conflicts with Montana statutes or rules.

History

Authorizing statute(s): 37-1-319, 37-17-202, MCA
Implementing statute(s): 37-1-316, 37-17-101, MCA
History: NEW, 2023 MAR p. 1749, Eff. 12/9/23.

Subchapter 24.189.21 Continuing Education

Mont. Admin. R. 24.189.2101 Continuing Education Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-306, 37-1-319, MCA
History: NEW, 1992 MAR p. 558, Eff. 3/27/92; AMD, 1997 MAR p. 538, Eff. 3/25/97; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2014 MAR p. 2459, Eff. 10/10/14; AMD, 2021 MAR p. 1058, Eff. 8/28/21; REP, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.2104 Continuing Education Program Options

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-17-202, MCA
Implementing statute(s): 37-1-306, 37-17-202, MCA
History: NEW, 1992 MAR p. 558, Eff. 3/27/92; AMD, 1997 MAR p. 538, Eff. 3/25/97; AMD, 1998 MAR p. 927, Eff. 4/17/98; AMD, 1999 MAR p. 211, Eff. 1/29/99; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2010 MAR p. 1508, Eff. 6/25/10; AMD, 2014 MAR p. 2459, Eff. 10/10/14; AMD, 2017 MAR p. 1654, Eff. 9/23/17; AMD, 2017 MAR p. 1656, Eff. 9/23/17; REP, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.2107 Continuing Education Reporting and Audit

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, 37-1-319, MCA
History: NEW, 1992 MAR p. 558, Eff. 3/27/92; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2005 MAR p. 2464, Eff. 12/9/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 1508, Eff. 6/25/10; AMD, 2014 MAR p. 2459, Eff. 10/10/14; AMD, 2017 MAR p. 1654, Eff. 9/23/17; AMD, 2020 MAR p. 45, Eff. 1/18/20; AMD, 2021 MAR p. 1058, Eff. 8/28/21; REP, 2023 MAR p. 1749, Eff. 12/9/23.

Mont. Admin. R. 24.189.2110 Continuing Education

(1) Board/staff will not preapprove continuing education (CE) programs or sponsors. Licensees must select activities from qualified providers that contribute to the licensee's professional knowledge and competence.

(2) Licensees must maintain adequate CE records for three years following a reporting period and make those records available upon request.

(3) Each reporting period, psychologists must obtain 40 CE hours, of which two are in ethics and one in suicide prevention. The two-year reporting period ends on the renewal date set by ARM 24.101.413 in odd-numbered years.

(a) Psychologists licensed less than two full calendar years on the first reporting date shall obtain 20 CE hours, including one in ethics and one in suicide prevention.

(b) Psychologists obtaining postdoctoral supervised experience are not required to obtain CE during the time of supervision.

(4) Psychologists can obtain a maximum of:

(a) 30 hours from:

(i) completion of an advanced credential;

(ii) study groups;

(iii) formally organized classes at regionally accredited higher education institutions;

(iv) initial presentation of a meeting paper;

(v) publication of a review paper;

(vi) research project reported in publishable form; and

(vii) formal case presentation in a group setting;

(b) 15 hours of personal growth activities in individual psychotherapy, group therapy, and specific supervision; and

(5) Each reporting period, behavior analysts and assistant behavior analysts must obtain 20 CE hours, of which two are in ethics and one in suicide prevention. The two-year cycle ends on the renewal date set by ARM 24.101.413 in odd-numbered years.

(6) Behavior analysts and assistant behavior analysts can obtain a maximum of:

(a) five hours from:

(i) initial presentation of a meeting paper or workshop;

(ii) publication of a review paper;

(iii) conducting a research project reported in publishable form; and

(iv) teaching a formally organized class; and

(b) four hours in practice management.

(7) One hour will be granted for each hour of participation.

(8) No CE is required for licensees licensed less than one full calendar year on their first reporting date.

(9) CE hours cannot be carried over.

(10) Licensees found noncompliant with CE requirements may be subject to administrative suspension.

(11) Board members may receive up to eight hours of CE per calendar year for board meetings attendance.

(12) The department determines audit percentage based on a statistically relevant sampling of the total number of licensees and the compliance rate of past audits.

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-306, 37-1-319, MCA
History: NEW, 2023 MAR p. 1749, Eff. 12/9/23.

Authorizing statute(s): 37-1-131, 37-1-319, 37-17-202, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-17-101, MCA
History: NEW, 1998 MAR p. 927, Eff. 4/17/98; AMD, 2004 MAR p. 1474, Eff. 7/2/04; TRANS, from Commerce, 2004 MAR p. 2282; REP, 2023 MAR p. 1749, Eff. 12/9/23.

Subchapter 24.189.24 Complaint Procedures

Mont. Admin. R. 24.189.2401 Complaint Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-202, MCA
Implementing statute(s): 37-1-308, 37-1-309, MCA
History: NEW, 1997 MAR p. 538, Eff. 3/25/97; TRANS, from Commerce, 2004 MAR p. 2282; REP, 2016 MAR p. 2337, Eff. 12/10/16.

Mont. Admin. R. 24.189.2405 Screening Panel

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-202, MCA
Implementing statute(s): 37-1-307, MCA
History: NEW, 1997 MAR p. 538, Eff. 3/25/97; TRANS, from Commerce, 2004 MAR p. 2282; REP, 2023 MAR p. 1749, Eff. 12/9/23.

Chapter 24.201 Board of Public Accountants

Subchapter 24.201.1 Organizational Rule

Mont. Admin. R. 24.201.101 Board Organization

(1) The Board of Public Accountants adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, Eff. 6/30/84; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2021 MAR p. 1776, Eff. 12/11/21.

Subchapter 24.201.2 Procedural Rules

Mont. Admin. R. 24.201.201 Procedural Rules

(1) The Board of Public Accountants adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.201.202 Public Participation

(1) The Board of Public Accountants adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1980 MAR p. 1541, Eff. 5/30/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.201.3 Definitions

Mont. Admin. R. 24.201.301 Definitions

(1) "AICPA" means the American Institute of Certified Public Accountants.

(2) "Blended learning program" means an educational program incorporating multiple learning formats, different delivery methods, and is synchronous and asynchronous.

(3) "Client" means the person, entity, or enterprise, whether organized for profit or not, which retains a permit holder for the performance of professional services. A client may be an entity served by governmental or nongovernmental agencies performing services similar to public accounting firms.

(4) "Continuing professional education (CPE)" means an integral part of the lifelong learning required to provide competent service to the public. It is the set of activities that enables CPAs to maintain and improve their professional competence.

(5) "CPAES" means NASBA CPA Examination Services.

(6) "Engagement review report" means a peer review where the peer reviewer evaluates and reports on whether engagements submitted for review by the firm are performed and reported on in conformity with applicable professional standards in all material respects.

(7) "Engagement review report rating of 'Fail'" means the engagements submitted for review by the review firm for the peer review year ended were not performed and/or reported on in conformity with applicable professional standards in all material respects.

(8) "Engagement review report rating of 'Pass'" means that nothing came to the reviewer's attention that caused him/her to believe that the engagements submitted for review by the review firm for the peer review year ended were not performed and reported on in conformity with applicable professional standards in all material respects.

(9) "Engagement review report rating of 'Pass with deficiencies'" means except for the deficiencies described in the report, nothing came to the reviewer's attention that caused him/her to believe the engagements submitted for review by the review firm for the peer review year ended were not performed and reported on in conformity with applicable professional standards in all material respects.

(10) "Financial statement" means a presentation of financial data, derived from accounting records and intended to communicate an entity's economic resources or obligations at a point in time, or the changes therein for a period of time. Financial presentations included in tax returns are not financial statements for purposes of this definition. Financial statements include, but are not limited to, the following:

(a) balance sheet;

(b) statement of income;

(d) statement of changes in owners' equity;

(e) financial forecasts, projections, and similar presentations;

(f) statement of assets and liabilities (with or without owners' equity accounts);

(g) statement of revenue and expenses;

(h) summary of operations;

(i) statement of operations by product lines;

(j) statement of cash receipts and disbursements; and

(k) statement of cash flows.

(11) "Group program" means any live or group Internet-based program.

(12) "Hour" of instruction is equal to 50 minutes of instructional time. One-half continuing education credit increments (equal to 25 minutes) are permitted after the first credit has been earned in a given learning activity.

(13) "IQAB" means the International Qualifications Appraisal Board.

(14) "MRA" means Mutual Recognition Agreement.

(15) "Nano-learning program" means a tutorial program designed to permit a participant to learn a given subject in a ten-minute timeframe through the use of electronic media (including technology applications and processes and computer-based or web-based technology) and without interaction with a real-time instructor. A nano-learning program is typically focused on a single learning objective and is not paper-based. A nano-learning program is not a group program. Nano-learning is not a substitute for comprehensive programs addressing complex issues.

(16) "NASBA" means the National Association of State Boards of Accountancy.

(17) "PCAOB" means the Public Company Accounting Oversight Board that conducts firm inspections of certified public accounting firms' SEC issuer practices and other engagements subject to its inspection process.

(18) "Peer review" means a board-approved study, appraisal, or review of one or more aspects of the attest or compilation work of a permit holder of a registered firm in the practice of public accounting, by a person or persons who hold licenses in this or another jurisdiction, and who are not affiliated with the person or firm being reviewed.

(19) "Peer review programs" means the sponsoring organization's entire peer review process, including, but not limited to, the standards for administering, performing, and reporting on peer reviews, oversight procedures, training, and related guidance materials.

(20) "Peer review reports" means reports issued by the peer reviewer/reviewing firm in accordance with the peer review standards.

(21) "Peer review standards" means the board-approved professional standards for administering, performing, and reporting on peer reviews.

(22) "Peer reviewer/reviewing firm" means a certified public accountant/accounting firm responsible for conducting the peer review holding a valid and active license to practice public accounting in good standing by this state or some other state and meets the peer reviewer qualifications to perform peer reviews established in the board-approved peer review standards.

(23) "Practice privilege" means that privilege extended pursuant to 37-50-325, MCA, to a qualified individual whose principal place of business is not in this state and who holds a valid license as a certified public accountant.

(24) "Practice privilege holder" means an individual who avails himself or herself of the practice privilege.

(25) "Professional services" means any service performed or offered to be performed by a permit holder for a client in the course of the practice of public accountancy.

(26) "Program sponsor" means the individual or organization responsible for issuing the certificate of completion, and maintaining the CPE completion documentation.

(27) "Report" (when used with reference to financial statements) means an opinion, report, or other form of language which states or implies assurance as to the reliability of any financial statements (examples include: audits, reviews, and compilations) and which:

(a) includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing;

(i) Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or the firm is an accountant or auditor, or from the language of the report itself.

(b) includes any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the financial statements referred to and/or special competence on the part of the person or firm issuing such language; and

(c) includes any other form of language that is conventionally understood to imply such assurance and/or such special knowledge or competence.

(28) "Report acceptance body (RAB)" means the sponsoring organization's committee responsible for, but not limited to, the acceptance of peer review documents.

(29) "SEC" means the Securities and Exchange Commission.

(30) "Self-study program" means an educational program completed individually without the assistance or interaction of a real-time instructor.

(31) "SSARS" means the statements on standards for accounting and review services.

(32) "Sponsoring organization" means a board-approved professional society or other organization responsible for the facilitation and administration of peer reviews through the use of its peer review program and peer review standards.

(33) "System review" means a peer review intended to provide the peer reviewer with a reasonable basis for expressing an opinion on whether, during the year under review:

(a) the reviewed firm's system of quality control for its accounting and auditing practice has been designed in accordance with quality control standards; and

(b) the reviewed firm's quality control policies and procedures were being complied with to provide the practice unit with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects.

(34) "System review report with a rating of 'Fail'" means that due to the significant deficiencies identified in the report, the system of quality control for the accounting and auditing practice of the reviewed firm, in effect for the year most recently ended, has not been suitably designed or complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects.

(35) "System review report with a rating of 'Pass'" means the system of quality control for the accounting and auditing practice of the reviewed firm, in effect for the year most recently ended, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects.

(36) "System review report with a rating of 'Pass with deficiencies'" means that except for the deficiencies described in the report, the system of quality control for the accounting and auditing practice of the reviewed firm, in effect for the year most recently ended, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects.

(37) "Technical committee" means a committee of an international, national, or state professional association, council, or member organization, or a governmental entity that supports professional services or industries that require unique and specific knowledge in accounting or tax compliance and serves as a resource to identify issues regarding the practice of accountancy and develops technical or policy recommendations on those issues.

(38) "Technical fields of study" means technical subjects that contribute to the competence of a CPA in the profession of accountancy and that directly relate to the CPA's field of business.

(39) "Technical reviewer" means a subject matter expert other than the course developer who reviews a group, self-study, nano-learning, or blended learning program to ensure the program is technically accurate, current, and addresses the stated learning objectives.

History

Authorizing statute(s): 37-1-319, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, MCA
History: NEW, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1990 MAR p. 584, Eff. 3/30/90; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2013 MAR p. 1527, Eff. 8/23/13; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2017 MAR p. 2283, Eff. 12/9/17; AMD, 2021 MAR p. 1776, Eff. 12/11/21.

Subchapter 24.201.4 General Provisions

Mont. Admin. R. 24.201.401 Board Meetings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-50-201, 37-50-203, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1990 MAR p. 584, Eff. 3/30/90; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2014 MAR p. 2849, Eff. 11/21/14; REP, 2021 MAR p. 1776, Eff. 12/11/21.

Mont. Admin. R. 24.201.405 Committees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, MCA
Implementing statute(s): 37-50-201, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2668; REP, 2021 MAR p. 1776, Eff. 12/11/21.

Mont. Admin. R. 24.201.410 Fee Schedule

(1) The following fees have been established by the board for services or privileges rendered by the board, or for services rendered by contractors of the board:

(a) License by credentialing application

(transfer of grades and licensure) $200

(b) License by examination application 150

(d) Renewal fee for certificate holder and inactive licensee 75

(e) Renewal fee for licensee 125

(f) Renewal fee for retired licensee 25

(g) Examination fees are payable to the national testing service under contract with the board.

(h) License restored to active status 150

(2) Additional standardized fees are specified in ARM 24.101.403.

(3) Application fees, renewal fees, and fees paid directly to a contractor are not refundable by the board.

History

Authorizing statute(s): 37-1-134, 37-50-204, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-50-204, 37-50-209, MCA
History: Eff. 12/31/72; AMD, Eff. 7/5/75; AMD, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1477, Eff. 9/16/82; AMD, 1983 MAR p. 345, Eff. 4/29/83; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1990 MAR p. 584, Eff. 3/30/90; AMD, 1992 MAR p. 2136, Eff. 9/25/92; EMERG, AMD, 1996 MAR p. 2280, Eff. 8/23/96; AMD, 1997 MAR p. 540, Eff. 3/25/97; AMD, 1998 MAR p. 463, Eff. 2/13/98; AMD, 1999 MAR p. 1508, Eff. 6/4/99; AMD, 2001 MAR p. 2240, Eff. 11/9/01; AMD, 2002 MAR p. 3415, Eff. 12/13/02; AMD, 2004 MAR p. 643, Eff. 3/26/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2006 MAR p. 83, Eff. 12/23/05; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2018 MAR p. 2406, Eff. 12/8/18.

Mont. Admin. R. 24.201.412 Fee Abatement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-17-202, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2005 MAR p. 2671, Eff. 12/23/05; REP, 2016 MAR p. 1016, Eff. 6/4/16.

Mont. Admin. R. 24.201.415 Use of Cpa/Lpa Designation

(1) An individual whose principal place of business is in Montana, who is not otherwise in the practice of public accounting, but providing financial or consulting services to the public, must have an active license if they hold themselves out to the public in any manner as a CPA or LPA.

(2) Montana licensees working for nonpublic accounting employers shall not use their CPA or LPA designations when presenting reports to outside parties, unless they maintain an active license.

(3) Firms that comply with the exemption requirement of 37-50-335(2), MCA, and individuals who qualify for and are using the practice privilege granted by 37-50-325, MCA, may use the CPA designation pursuant to 37-50-301, MCA.

History

Authorizing statute(s): 37-1-131, 37-50-203, MCA
Implementing statute(s): 37-1-131, 37-50-203, 37-50-301, 37-50-325, 37-50-335, MCA
History: NEW, 1990 MAR p. 584, Eff. 3/30/90; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2018 MAR p. 2406, Eff. 12/8/18.

Subchapter 24.201.5 Licensing And Examinations

Mont. Admin. R. 24.201.501 Education Requirements to Sit for Exam

(1) To qualify to sit for the Uniform CPA Exam as a Montana candidate the candidate must have:

(a) completed the following education from an accredited four-year institution at the time of applying to sit for the exam:

(i) at least 24 semester hours (36 quarter hours) of accounting courses above the introductory level, to include one course in each of the following:

(A) financial accounting;

(B) auditing;

(D) management accounting; and

(ii) at least 24 semester hours (36 quarter hours) in nonaccounting, general business courses. Examples of business courses include information systems, business law, finance, economics, marketing, ethics, organizational behavior, quantitative applications in business, and communication skills.

(2) Accreditation examinations or practical experience may not be used to fulfill any part of the academic requirement.

(3) An accredited school is one that is accredited by the Association to Advance Collegiate Schools of Business - International, or one of the following regional accrediting agencies:

(a) Middle States Association of Colleges and Secondary Schools;

(b) New England Association of Schools and Colleges;

(d) Northwest Commission of Colleges and Universities;

(e) Southern Association of Schools and Colleges; or

(f) Western Association of Schools and Colleges.

(4) Any foreign-obtained education must be evaluated by NASBA International Evaluation Services and be determined equivalent to Montana's education requirements. That evaluation must be provided to CPAES.

(5) One quarter-hour of credit is equivalent to two-thirds of a semester-hour.

History

Authorizing statute(s): 37-1-131, 37-50-203, MCA
Implementing statute(s): 37-1-131, 37-50-203, 37-50-302, 37-50-305, MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, Eff. 1/4/75; AMD, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1992 MAR p. 2136, Eff. 9/25/92; EMERG, AMD, 1996 MAR p. 2280, Eff. 8/23/96; AMD, 1997 MAR p. 540, Eff. 3/25/97; AMD, 1998 MAR p. 463, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16.

Mont. Admin. R. 24.201.502 Accounting and Auditing Experience Requirements

(1) To be issued a license, an applicant must provide evidence of acceptable accounting and/or auditing experience.

(2) Acceptable experience is performing accounting and/or auditing functions ordinarily required in the practice of public accounting, provided this experience:

(a) is attested to by:

(i) a U.S. CPA whose license was active and current at the time of attestation; or

(ii) a fully licensed individual from a professional accounting body with a MRA with NASBA and the AICPA who supervises or directs the applicant; or

(b) is evaluated by the board for military experience based on information provided by the applicant's commanding officer; and

(d) includes private, governmental, academic, or public accounting work acceptable to the board; and

(e) includes at least 12 calendar months and 2000 hours of actual work experience for each year required for licensure under ARM 24.201.503.

(3) If the attester is not the applicant's supervisor, the attester must:

(a) be familiar with the applicant's work and provide a narrative of the step taken to determine the work experience meets professional standards;

(b) provide an explanation of how the attested hours were verified; and

History

Authorizing statute(s): 37-1-131, 37-50-203, MCA
Implementing statute(s): 37-1-131, 37-50-203, 37-50-302, 37-50-325, MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, Eff. 1/4/75; AMD, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1990 MAR p. 584, Eff. 3/30/90; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2014 MAR p. 1090, Eff. 5/23/14; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2020 MAR p. 792, Eff. 5/1/20; AMD, 2025 MAR, Notice No. 2025-167, Eff. 9/13/25.

Mont. Admin. R. 24.201.503 Applicant for Initial License

(1) All applicants for a license must:

(a) meet the requirements of 37-50-302, MCA;

(b) submit a complete application and pay all fees;

(i) a post-baccalaureate degree with a concentration in accounting as required by ARM 24.201.501 from an accredited institution and one year of accounting experience meeting the requirements of ARM 24.201.502;

(ii) a baccalaureate degree with a concentration in accounting as required by ARM 24.201.501 plus an additional 30 semester hours and one year of accounting experience meeting the requirements of ARM 24.201.502; or

(iii) a baccalaureate degree with a concentration in accounting as required by ARM 24.201.501 and two years of accounting experience meeting the requirements of ARM 24.201.502;

(d) pass the Uniform Certified Public Accountant exam in accordance with ARM 24.201.516 or 24.201.517;

(e) pass the comprehensive professional ethics for CPAs course developed by the AICPA; and

(f) provide a license verification if currently holding or have ever held a professional license in another state.

(2) Applicants for initial license who did not sit for the exam as a Montana candidate must submit official transcripts for all domestic education to CPAES for evaluation in reference to Montana education requirements.

(3) Incomplete applications for licensure that are older than 12 months will be considered invalid and void. The applicant will be required to reapply and pay another fee.

History

Authorizing statute(s): 37-1-131, 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-131, 37-50-203, 37-50-302, 37-50-305, MCA
History: NEW, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2018 MAR p. 2406, Eff. 12/8/18; AMD, 2025 MAR, Notice No. 2025-167, Eff. 9/13/25.

Mont. Admin. R. 24.201.504 Military Training or Experience

(1) Pursuant to 37-1-145, MCA, the board shall accept relevant military training, service, or education toward the requirements for licensure.

(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;

(d) military reserves.

(3) An applicant must submit satisfactory evidence of receiving military training, service, or education that is equivalent to relevant licensure requirements. Satisfactory evidence may include:

(a) a copy of the applicant's military discharge document (DD 214 or other discharge documentation);

(4) The board shall consider all documentation received to determine whether an applicant's military training, service, or education is equivalent to relevant licensure requirements.

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 1090, Eff. 5/23/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16.

Mont. Admin. R. 24.201.505 Firms – Registration

(1) New firms, firms that have a name change, or firms that are merged or otherwise combined or separated must immediately file a new firm registration application with the board.

(2) New firm registrations must include:

(a) a completed firm registration application;

(b) a list of all satellite offices in this state;

(d) an attestation that the firm meets the firm ownership requirements of 37-50-330, MCA; and

(e) an attestation that all persons with an ownership interest in the firm are actively participating in the business of the firm.

(3) All firms must annually register with the board by December 31. Annual registration must include all of the items of a new firm registration as outlined above and the level and type of public accounting services provided since the last firm registration.

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-50-335, MCA
History: NEW, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2021 MAR p. 1776, Eff. 12/11/21.

Mont. Admin. R. 24.201.506 Previous Applications in Effect

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-50-311, 37-50-312, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2668; REP, 2009 MAR p. 9, Eff. 1/16/09.

Mont. Admin. R. 24.201.510 Certified Public Accountant Examination

(1) Prior to submitting an application to sit for the examination, the examination candidate must meet the educational requirements of ARM 24.201.501. All examination candidates must be approved by the board or its designee to sit for the examination.

(2) The Uniform Certified Public Accountant exam is the recognized and acceptable qualifying examination.

(3) The board accepts the advisory grading service of the AICPA or its delegate.

(4) Each examination candidate application must be accompanied by a non-refundable fee and all required supporting documents and transcripts.

(5) In addition to all other supporting documents, all foreign education must be accompanied by an evaluation by NASBA International Evaluation Services.

(6) The passing score on each section is 75.

(7) Eligible examination candidates shall schedule the examination at an approved test site. Once the examination candidate obtains a notice to schedule, the examination candidate has six months to sit for the scheduled test section(s). If the time expires without sitting for the test section(s) applied for, the examination candidate shall reapply.

(8) An examination candidate who fails to take the examination as scheduled forfeits all application fees.

History

Authorizing statute(s): 37-1-131, 37-50-204, MCA
Implementing statute(s): 37-1-131, 37-50-204, 37-50-302, MCA
History: NEW, 2004 MAR p. 643, Eff. 3/26/04; AMD, 2004 MAR p. 2916, Eff. 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2018 MAR p. 2406, Eff. 12/8/18.

Mont. Admin. R. 24.201.511 Implementation of the Computer-Based Uniform Certified Public Accountant Examination

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-204, 37-50-308, MCA
Implementing statute(s): 37-50-204, 37-50-302, 37-50-303, 37-50-308, MCA
History: NEW, 2004 MAR p. 643, Eff. 3/26/04; TRANS, from Commerce, 2005 MAR p. 2668; REP, 2009 MAR p. 9, Eff. 1/16/09.

Mont. Admin. R. 24.201.512 Transition Rule for Applicants Who Have Pre-Computer-Based Examination Conditional Credit

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-204, 37-50-308, MCA
Implementing statute(s): 37-50-204, 37-50-302, 37-50-303, 37-50-308, MCA
History: NEW, 2004 MAR p. 643, Eff. 3/26/04; TRANS, from Commerce, 2005 MAR p. 2668; REP, 2009 MAR p. 9, Eff. 1/16/09.

Mont. Admin. R. 24.201.516 Granting of Examination Credit

(1) An examination candidate may take test sections individually and in any order. Any test section passed is valid for 30 months from the date the passing score is released by NASBA to the candidate or the board, as the case may be.

(2) Candidates shall pass all required test sections within a rolling 30 month period. The rolling 30-month period begins on the date the first passing score(s) are released by NASBA to the candidate or the board, as the case may be. The rolling 30-month period concludes on the date the candidate sits for the final test section passed, regardless of when the score is released by NASBA for the final test section.

(3) In the event all test sections are not passed in a 30-month period, credit for any test section passed outside the 30-month period will expire and that test section must be retaken.

(4) The 30-month period in which to pass all required sections of the examination may be extended if a hardship exception is approved by the board or its designee.

History

Authorizing statute(s): 37-50-204, MCA
Implementing statute(s): 37-50-204, 37-50-302, MCA
History: NEW, 2004 MAR p. 643, Eff. 3/26/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2020 MAR p. 792, Eff. 5/1/20; AMD, 2025 MAR, Notice No. 2025-167, Eff. 9/13/25.

Mont. Admin. R. 24.201.517 Acceptance of Examination Credits

(1) An applicant who has never held a license as a certified public accountant in any jurisdiction must have passed the examination under circumstances comparable to those applicable to Montana applicants at the time of examination.

History

Authorizing statute(s): 37-1-131, 37-50-203, MCA
Implementing statute(s): 37-50-302, 37-50-309, MCA
History: NEW, 2004 MAR p. 2916, 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16.

Mont. Admin. R. 24.201.518 Examination Credits - Out-of-State Applicants Seeking a Certificate/License in Montana

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-204, MCA
Implementing statute(s): 37-50-204, 37-50-302, 37-50-303, 37-50-309, MCA
History: NEW, 2004 MAR p. 643, Eff. 3/26/04; AMD, 2004 MAR p. 2916, Eff. 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; REP, 2014 MAR p. 2849, Eff. 11/21/14.

Mont. Admin. R. 24.201.524 Cheating

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-204, MCA
Implementing statute(s): 37-50-204, 37-50-302, 37-50-303, MCA
History: NEW, 2004 MAR p. 643, Eff. 3/26/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2014 MAR p. 2849, Eff. 11/21/14; REP, 2021 MAR p. 1776, Eff. 12/11/21.

Mont. Admin. R. 24.201.527 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Public Accountants publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2025-350, Eff. 3/7/26.

Mont. Admin. R. 24.201.528 Out-of-State Licensees Seeking a Montana License

(1) The board may issue a license to a license holder of an active, current, and unrestricted license from a substantially equivalent jurisdiction who:

(a) files a complete application;

(b) provides verification of licensure from jurisdictions where the applicant holds or has ever held a professional license; and

(2) Incomplete applications for licensure that are older than 12 months will be considered invalid and void. The applicant will be required to re-apply and pay another fee.

History

Authorizing statute(s): 37-1-131, 37-50-203, MCA
Implementing statute(s): 37-1-304, 37-50-203, 37-50-309, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1990 MAR p. 584, Eff. 3/30/90; AMD, 1997 MAR p. 540, Eff. 3/25/97; AMD, 2000 MAR p. 3164, Eff. 11/10/00; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2005 MAR p. 2671, Eff. 12/23/05; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2018 MAR p. 2406, Eff. 12/8/18.

Mont. Admin. R. 24.201.529 Foreign Licensees Seeking a Montana License

(1) A foreign-licensed applicant must meet the requirements established under ARM 24.201.503, or for those applicants holding a foreign accounting credential that is covered by a currently valid MRA with IQAB, meet the following requirements:

(a) met the issuing body's education requirement and passed the issuing body's examination used to qualify its own domestic applicants;

(b) provide evidence that the foreign credentials are valid and in good standing at the time of application;

(c) pass a uniform qualifying examination to ensure that the holder possesses adequate knowledge of national practice standards. The board may rely on the NASBA, AICPA, or other professional bodies to develop, administer, and grade such a qualifying examination; and

(d) pass the professional ethics for CPAs course developed by the AICPA.

History

Authorizing statute(s): 37-1-131, 37-50-203, MCA
Implementing statute(s): 37-1-131, 37-50-203, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 584, Eff. 3/30/90; AMD, 1997 MAR p. 540, Eff. 3/25/97; AMD, 2000 MAR p. 461, Eff. 2/11/00; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2018 MAR p. 2406, Eff. 12/8/18.

Mont. Admin. R. 24.201.531 Practice Privilege

(1) A certified public accountant who is licensed in a jurisdiction that has licensing standards that are substantially equivalent to Montana's standards, or who meets the individual substantial equivalent standards, may practice under the practice privilege pursuant to 37-50-325, MCA.

(2) The board has determined that all jurisdictions approved by NASBA are deemed to be "substantially equivalent."

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, 37-50-325, MCA
History: NEW, 2005 MAR p. 2671, Eff. 12/23/05; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2014 MAR p. 2849, Eff. 11/21/14.

Mont. Admin. R. 24.201.532 Nonroutine Applications

(1) For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402 by reference. Further, applications in which staff is unable to determine whether the experience requirements of ARM 24.201.502 have been met are nonroutine.

(2) Nonroutine applications must be reviewed and approved by the board before a license may be issued.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2018 MAR p. 2406, Eff. 12/8/18; AMD, 2021 MAR p. 556, Eff. 5/15/21; AMD, 2021 MAR p. 1776, Eff. 12/11/21.

Mont. Admin. R. 24.201.533 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.201.535 Inactive to Active License - Restoration

(1) A licensee who holds a license in good standing but is not currently practicing public accounting may place the license on inactive status by informing the board office, in writing, that an inactive status is desired. It is the sole responsibility of the inactive licensee to keep the board informed of current contact information during the period of time the license remains on inactive status.

(2) An inactive licensee may not use the title CPA, CPA (inactive), or practice public accounting in the state while the license is on inactive status.

(3) An inactive licensee is required to renew on an annual basis.

(4) An inactive license may be restored to active status by applying for active status, paying the restoration fee, and providing documentation verifying compliance with the continuing education rules of the board under ARM 24.201.2106, within the three years immediately preceding the application for restoration to active status.

(5) Montana licensees who use their Montana license to avail themselves of practice privileges in other jurisdictions, may not place the Montana license on inactive status while using the practice privilege.

History

Authorizing statute(s): 37-1-319, 37-50-203, MCA
Implementing statute(s): 37-1-319, 37-50-325, MCA
History: NEW, 1997 MAR p. 540, Eff. 3/25/97; AMD, 1999 MAR p. 212, Eff. 1/29/99; AMD, 2000 MAR p. 3164, Eff. 11/10/00; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2017 MAR p. 2283, Eff. 12/9/17.

Mont. Admin. R. 24.201.536 Requirements for Previously Held Certificates, Licenses, and/or Permits to Practice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-1-141, 37-50-310, 37-50-314, MCA
History: NEW, 2009 MAR p. 9, Eff. 1/16/09; REP, 2014 MAR p. 2849, Eff. 11/21/14.

Mont. Admin. R. 24.201.537 Retired Status

(1) A licensee who is fully retired from active employment in the practice of public accounting may submit a retired status request to the board if the licensee:

(a) holds a license in good standing; and

(b) is at least 60 years of age; or

(c) has held a license in good standing for at least 20 years from a substantially equivalent jurisdiction as determined by NASBA's national qualifications appraisal service or a successor organization.

(2) An applicant for retired status must affirm:

(a) they understand the scope of limitations on what services they offer;

(b) agreement not to use their retired status in any way which could be misleading; and

(c) maintenance of professional competence, without a specific CPE requirement, when offering any of the permitted volunteer services.

(3) A retired licensee is required to renew on an annual basis, but is exempt from CPE requirements. It is the sole responsibility of the retired licensee to keep the board informed of current contact information.

(4) A retired licensee may:

(a) use the designation "CPA (Retired)" or "LPA (Retired)"; and

(b) provide the following, volunteer, uncompensated services:

(i) tax preparation services;

(ii) government-sponsored business mentoring programs; and

(iii) serve on the board of directors for a non-profit organization.

(5) An individual on retired status may apply for their license to be restored to active status by complying with all current year renewal requirements, paying the restoration fee, and providing documentation of compliance with continuing education rules of the board under ARM 24.201.2106, within the three years immediately preceding the application for restoration to active status.

(6) Montana licensees who use their Montana license to avail themselves of practice privileges in other jurisdictions may not place their Montana license on retired status.

History

Authorizing statute(s): 37-1-131, 37-50-203, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-50-101, 37-50-325, MCA
History: NEW, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2017 MAR p. 2283, Eff. 12/9/17.

(c) any accounting or other records which the firm, licensee, or practice privilege holder obtained from or on behalf of the client which the firm, licensee, or practice privilege holder removed from the client's premises or received for the client's account, but the firm, licensee, or practice privilege holder may make and retain copies of such documents when they form the basis for work done by the firm, licensee, or practice privilege holder; and

(d) a copy of the firm's, licensee's, or practice privilege holder's working papers, to the extent that such working papers include records which would ordinarily constitute part of the client's books and records and are not otherwise available to the client.

(2) Examples of working papers that are considered to be a client's records include:

(a) worksheets in lieu of books of original entry (e.g., listings and distributions of cash receipts or cash disbursements on columnar working paper);

(b) worksheets in lieu of general ledger or subsidiary ledgers, such as accounts receivable, job cost and equipment ledgers or similar depreciation records;

(c) all adjusting and closing journal entries and supporting details. (If supporting details are not fully set forth in the explanation of the journal entry, but are contained in analyses of accounts in the accountant's working papers, then copies of such analyses must be furnished to the client.); or

(d) consolidating or combining journal entries and worksheets and supporting detail used in arriving at final figures incorporated in an end product such as financial statements or tax returns.

(3) Retention by a firm, licensee, or practice privilege holder of client records after a demand is made for them is an act discreditable to the profession.

(4) A firm's, licensee's, or practice privilege holder's working papers are the firm's, licensee's, or practice privilege holder's property and need not be surrendered to the client. Any working papers developed by the firm, licensee, or practice privilege holder incident to the performance of the engagement which do not result in changes in the client's records or are not in themselves part of the records ordinarily maintained by such clients, are considered to be solely "accountant's working papers" and are not the property of the client. If the firm, licensee, or practice privilege holder has retained file copies of a client's records already in possession of the client, the firm, licensee, or practice privilege holder is not required to return such copies to the client.

History

Authorizing statute(s): 37-1-131, 37-50-203, MCA
Implementing statute(s): 37-1-131, 37-50-203, 37-50-325, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2020 MAR p. 792, Eff. 5/1/20.

Mont. Admin. R. 24.201.726 Advertising

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-50-203, MCA
Implementing statute(s): 37-1-131, 37-50-203, 37-50-325, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2016 MAR p. 1016, Eff. 6/4/16; REP, 2017 MAR p. 2283, Eff. 12/9/17.

Subchapter 24.201.11 Mandatory Peer Review

Mont. Admin. R. 24.201.1101 Introduction

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-50-203, MCA
History: NEW, 1986 MAR p. 1500, Eff. 9/12/86; AMD, 2003 MAR p. 12, Eff. 1/17/03; AMD, 2004 MAR p. 2916, Eff. 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668; REP, 2021 MAR p. 1776, Eff. 12/11/21.

Mont. Admin. R. 24.201.1102 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-50-203, MCA
History: NEW, 1986 MAR p. 1500, Eff. 9/12/86; AMD, 1990 MAR p. 586, Eff. 3/30/90; AMD, 2004 MAR p. 2916, Eff. 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; REP, 2013 MAR p. 1527, Eff. 8/23/13.

Mont. Admin. R. 24.201.1103 Peer Review Enrollment

(1) All registered firms shall enroll in a board-approved peer review program and pay the required fees associated with the administration of the peer review, if they perform any of the following services:

(a) an audit;

(b) a review;

(d) any examination, review, or agreed upon procedures engagements to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE); or

(e) an engagement of a non-issuer performed in accordance with PCAOB standards and is not subject to PCAOB inspection.

(2) All firms registered in Montana and required to enroll in a board-approved peer review program must authorize board access for the following peer review documents by the sponsoring organization via a secure web site.

(a) The following must be made available within thirty days of the acceptance date:

(i) the peer review report accepted by the sponsoring organization;

(ii) the firm's letter of response, if applicable, accepted by the sponsoring organization; and

(iii) the acceptance letter from the sponsoring organization.

(b) The letters signed by the firm accepting the documents with the understanding that the firm agrees to take any action required by the sponsoring organization, if applicable, must be made available within 30 days of the firm signing the document.

(c) The letter signed by the sponsoring organization notifying the firm that required actions have been appropriately completed, if applicable, must be made available within 30 days of the date of the letter.

(3) Every Montana firm that is required to enroll in a peer review program shall enroll in a board-approved program that uses AICPA Standards for Performing and Reporting on Peer Reviews or standards deemed equivalent by the board.

(4) A firm's due date for its initial peer review shall be 18 months from the date it enrolled or should have enrolled in a board-approved peer review program.

(5) The licensee shall not be required to become a member of any organization administering a board-approved peer review program.

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-50-203, MCA
History: NEW, 2013 MAR p. 1527, Eff. 8/23/13; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2018 MAR p. 2406, Eff. 12/8/18.

Mont. Admin. R. 24.201.1105 Participation in Peer Review

(1) Any firm that is dropped from or terminated by a board-approved peer review program for any reason shall have 21 days to provide written notice to the board of such termination or drop and to request authorization from the board to enroll in another board-approved peer review program.

(2) In the event a firm is merged, otherwise combined, dissolved, or separated, the peer review program shall determine which firm is considered to be the succeeding firm. The succeeding firm shall retain its peer review status and the review due date. A separated firm that is not the succeeding firm may not use the peer review results of the original firm.

(3) A firm choosing to change to another peer review program may do so only if there is not an open active peer review and if the peer review is performed in accordance with the minimum standards for performing and reporting on peer reviews.

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-50-203, MCA
History: NEW, 2013 MAR p. 1527, Eff. 8/23/13; AMD, 2016 MAR p. 1016, Eff. 6/4/16.

Mont. Admin. R. 24.201.1106 Statement by Permit Holders

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-50-203, MCA
History: NEW, 1986 MAR p. 1500, Eff. 9/12/86; AMD, 1999 MAR p. 1203, Eff. 6/4/99; AMD, 2004 MAR p. 2916, Eff. 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; REP, 2013 MAR p. 1527, Eff. 8/23/13.

Mont. Admin. R. 24.201.1107 Filing of Reports

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-50-203, MCA
History: NEW, 1986 MAR p. 1500, Eff. 9/12/86; AMD, 1990 MAR p. 586, Eff. 3/30/90; AMD, 1992 MAR p. 2138, Eff. 9/25/92; AMD, 1997 MAR p. 540, Eff. 3/25/97; AMD, 2004 MAR p. 2916, Eff. 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; REP, 2013 MAR p. 1527, Eff. 8/23/13.

Mont. Admin. R. 24.201.1108 Alternatives and Exemptions

(1) Exemption of the Montana peer review requirement will apply to:

(a) out-of-state firms that do not have a physical location in this state, but perform attest or compilation services in this state, and have a peer review in the state in which they are located, and are otherwise qualified for practice privileges; or

(b) firms that only prepare financial statements under SSARS and that perform no other attest or compilation services. Such engagements conducted by a firm that is otherwise required to participate in a peer review program shall be included in the selection of engagements subject to peer review.

(2) Alternative programs to the board-approved peer review program of the AICPA shall include other non-AICPA programs recognized and approved by the board.

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-50-203, MCA
History: NEW, 1986 MAR p. 1500, Eff. 9/12/86; AMD, 1990 MAR p. 586, Eff. 3/30/90; AMD, 1992 MAR p. 2138, Eff. 9/25/92; AMD, 1999 MAR p. 212, Eff. 1/29/99; AMD, 2004 MAR p. 2916, Eff. 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2013 MAR p. 1527, Eff. 8/23/13; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2018 MAR p. 2406, Eff. 12/8/18; AMD, 2019 MAR p. 1863, Eff. 10/19/19.

Mont. Admin. R. 24.201.1109 Approved Peer Review Sponsoring Organizations, Programs, and Peer Review Standards

(1) The board shall approve peer review sponsoring organizations, programs, and standards.

(2) The board adopts peer review programs administered by entities fully involved in the administration of the AICPA peer review programs, as approved sponsoring organizations, without further requirements.

(3) Any board-approved peer review program and any peer reviewer performing a peer review under this subchapter shall utilize the AICPA Standards for Performing and Reporting on Peer Reviews or equivalent as determined by the board.

(4) A sponsoring organization, other than those who administer the AICPA peer review program, must provide evidence that the overall program and standards, including procedures, guidelines, oversight process, training materials, and related documents are equivalent to those of the AICPA Peer Review Program.

(5) For firms required to be registered with and inspected by the PCAOB, the board approves the PCAOB's inspection process for reviewing practices subject to its authority, and those firm's practice areas that are subject to PCAOB's inspection process are not included in the scope of the board's peer review programs. Firms receiving inspections under the PCAOB are also required to meet the peer review requirements of the board that covers the portion of the firm's practice not subject to the PCAOB inspection process if the firm performs those services.

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-50-203, MCA
History: NEW, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2018 MAR p. 2406, Eff. 12/8/18.

Mont. Admin. R. 24.201.1111 Profession Monitoring of Holders of a Special Practice Permit

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-203, 37-50-323, MCA
Implementing statute(s): 37-1-306, 37-50-203, 37-50-323, 37-50-324, MCA
History: NEW, 2005 MAR p. 2671, Eff. 12/23/05; AMD, 2009 MAR p. 9, Eff. 1/16/09; REP, 2010 MAR p. 2574, Eff. 10/29/10.

Mont. Admin. R. 24.201.1112 Quality Assurance Oversight

(1) The board will appoint a compliance assurance oversight committee to provide oversight of the administration of approved peer review programs in order to provide reasonable assurance that peer reviews are being conducted and reported on in accordance with the AICPA standards for performing and reporting on peer reviews.

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-50-203, MCA
History: NEW, 2013 MAR p. 1527, Eff. 8/23/13.

Mont. Admin. R. 24.201.1115 Profession Monitoring Program (pmp) Reviews and Enforcement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-50-203, MCA
Implementing statute(s): 37-1-312, 37-50-203, MCA
History: NEW, 1986 MAR p. 1500, Eff. 9/12/86; AMD, 1990 MAR p. 586, Eff. 3/30/90; AMD, 1992 MAR p. 2138, Eff. 9/25/92; AMD, 1997 MAR p. 540, Eff. 3/25/97; AMD, 2004 MAR p. 2916, Eff. 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; REP, 2013 MAR p. 1527, Eff. 8/23/13.

Subchapter 24.201.21 Renewal and Continuing Education

Mont. Admin. R. 24.201.2101 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-141, 37-50-203, 37-50-314, MCA
History: NEW, Eff. 7/5/75; AMD, Eff. 10/4/75; AMD, 1978 MAR p. 201, Eff. 2/24/78; AMD, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1985 MAR p. 154, Eff. 2/15/85; AMD, 1990 MAR p. 584, Eff. 3/30/90; AMD, 1997 MAR p. 540, Eff. 3/25/97; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2013 MAR p. 1527, Eff. 8/23/13; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2017 MAR p. 2283, Eff. 12/9/17; REP, 2021 MAR p. 1776, Eff. 12/11/21.

Mont. Admin. R. 24.201.2105 Advisory Committee

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2010 MAR p. 2574, Eff. 10/29/10; REP, 2012 MAR p. 1363, Eff. 7/13/12.

Mont. Admin. R. 24.201.2106 Basic Continuing Education Requirement

(1) Active licensees are required to have 120 hours of continuing professional education (CPE) with a subset of two hours in ethics for the previous three-year period ending December 31 of each year, except as otherwise provided under ARM 24.201.2154.

(2) Active licensees will be required to affirm their understanding of the basic requirement upon annual renewal. This affirmation will be for the three calendar years immediately preceding the renewal year.

(3) Beginning January 1, 2018, active licensees must complete a minimum of 50 percent (60 hours) of the total CPE hours required in technical fields of study as identified in ARM 24.201.2120. Subjects other than technical and nontechnical fields of study may be acceptable if the licensee can demonstrate to the board's satisfaction that such subjects or specific programs contribute to the maintenance of the licensee's professional competence.

(4) New licensees must meet the basic requirement of CPE by December 31 of the third year following the year of the initial issuance of the Montana license. CPE completed during the initial licensing year does not accrue toward the first reporting period (example: If an individual received their initial license in 2020, they must meet the basic CPE requirement between January 1, 2021 and December 31, 2023).

(5) Any individual who qualifies for the practice privilege in this state must meet the CPE requirements applicable in the jurisdiction of his or her principal state.

(6) A nonresident Montana licensee shall be determined to meet Montana CPE requirements by meeting the CPE requirements in the state where their principal place of business is located. If the nonresident licensee's principal place of business state has no CPE requirements for renewal, the nonresident licensee must comply with all CPE requirements for renewal of a license in Montana.

History

Authorizing statute(s): 37-1-319, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1990 MAR p. 584, Eff. 3/30/90; AMD, 1997 MAR p. 540, Eff. 3/25/97; AMD, 1999 MAR p. 212, Eff. 1/29/99; AMD, 2000 MAR p. 461, Eff. 2/11/00; AMD, 2003 MAR p. 12, Eff. 1/17/03; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2006 MAR p. 83, Eff. 12/23/05; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2017 MAR p. 2283, Eff. 12/9/17; AMD, 2020 MAR p. 792, Eff. 5/1/20.

Mont. Admin. R. 24.201.2108 Who Must Comply - General

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, 37-50-314, 37-50-325, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2005 MAR p. 2671, Eff. 12/23/05; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; REP, 2014 MAR p. 2849, Eff. 11/21/14.

Mont. Admin. R. 24.201.2112 Compliance with Continuing Education for Nonresidents

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-203, 37-50-323, MCA
Implementing statute(s): 37-1-306, 37-50-203, 37-50-317, 37-50-323, MCA
History: NEW, 2005 MAR p. 2671, Eff. 12/23/05; REP, 2010 MAR p. 2574, Eff. 10/29/10.

Mont. Admin. R. 24.201.2113 Nonresident Holders of a Permit to Practice -- Compliance

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-50-203, 37-50-314, 37-50-325, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1990 MAR p. 584, Eff. 3/30/90; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2005 MAR p. 2671, Eff. 12/23/05; AMD, 2010 MAR p. 2574, Eff. 10/29/10; REP, 2014 MAR p. 2849, Eff. 11/21/14.

Mont. Admin. R. 24.201.2114 Out-of-State Applicants Seeking a Montana Permit to Practice - Continuing Education Requirement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1990 MAR p. 584, Eff. 3/30/90; AMD, 1997 MAR p. 540, Eff. 3/25/97; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2014 MAR p. 2849, Eff. 11/21/14; REP, 2016 MAR p. 1016, Eff. 6/4/16.

Mont. Admin. R. 24.201.2120 Standards for Formal Continuing Education Programs, Programs Which Qualify, and Acceptable Subject Matter and Programs

(1) A program qualifies as acceptable continuing education if it is group, self-study, blended learning, or nano-learning programs of learning, or technical committee work which contributes directly to the licensee's knowledge, ability, and/or competence to perform the licensee's professional responsibilities. A program should address the licensee's current and future work environment, current knowledge and skills, and desires or needed knowledge and skills to meet future opportunities and/or professional responsibilities.

(2) No CPE hours shall be permitted for attending or instructing college or university courses considered to be basic or introductory accounting courses or exam preparation/review courses.

(3) The following are examples of generally acceptable subject matter - this list is not all-inclusive:

(a) technical fields of study, including:

(i) accounting, including governmental accounting;

(ii) auditing, including governmental auditing;

(iii) taxation;

(iv) management services;

(v) information technology;

(vi) statistics;

(vii) economics;

(viii) business law;

(ix) finance;

(x) specialized knowledge (e.g., film industry, real estate, farming, etc.); and

(xi) ethics;

(b) nontechnical fields of study, including:

(i) computer science;

(ii) communication arts;

(iii) production;

(iv) marketing;

(v) personnel relations;

(vi) business management and organization;

(vii) personal development; and

(viii) areas other than those listed above may be acceptable if the licensee can demonstrate that they contribute to their professional competence. The responsibility for substantiating that a particular program is acceptable and meets the requirements rests solely upon the licensee.

(4) The following are examples of group programs that qualify for credit - this list is not all-inclusive:

(a) professional education and development of programs of national, state, and local accounting organizations;

(b) technical sessions at meetings of international, national, state, and local accounting organizations and their chapters or a governmental entity that supports professional services or industries that require unique and specific knowledge in accounting or tax compliance;

(d) formal in-firm education programs;

(e) programs of other organizations (accounting, industrial, professional, etc.);

(f) committee meetings of professional societies which are structured as formal educational programs;

(g) dinner, luncheon, and breakfast meetings which are structured as formal educational programs; and

(h) firm meetings for staff and/or management groups which are structured as formal educational programs. Portions of such meetings devoted to the communication and application of general professional policy or procedure may qualify. However, portions devoted to firm administrative, financial, and operating matters would not qualify.

History

Authorizing statute(s): 37-1-319, 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2017 MAR p. 2283, Eff. 12/9/17.

Mont. Admin. R. 24.201.2121 Standards for Cpe Program Development - Presentation and Measurement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; REP, 2014 MAR p. 2849, Eff. 11/21/14.

Mont. Admin. R. 24.201.2122 Standards for Cpe Program Presentation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2668; REP, 2010 MAR p. 2574, Eff. 10/29/10.

Mont. Admin. R. 24.201.2123 Standards for Cpe Program Measurement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2668; REP, 2010 MAR p. 2574, Eff. 10/29/10.

Mont. Admin. R. 24.201.2124 Standards for Cpe Reporting

(1) Licensees are responsible for accurately reporting CPE and must retain appropriate documentation of their participation in learning activities.

(2) Participants in group, self-study, nano-learning, or blended learning programs must obtain a certificate of completion or transcript issued by the program sponsor. All acceptable documentation must include the following information:

(a) participant's name;

(b) sponsor;

(d) date(s);

(e) location;

(f) number of continuing education credit hours granted; and

(g) NASBA National Registry of CPE Sponsors ID (if applicable, applies to self-study and nano-learning).

(3) Documentation must be retained for not less than five years.

(4) The sponsor of group, self-study, nano-learning, or blended learning programs shall retain evidence of an individual's participation in a program for not less than five years. Pertinent information includes:

(a) participant's name;

(b) record of participation;

(d) date(s);

(e) location;

(f) instructor(s); and

(g) number of contact hours/continuing education credit hours granted.

(5) Documentation for technical committee sessions must include a written certificate including the following:

(a) the nature of the activity (e.g., topic or specific new competency acquired), the items discussed, and the source/material considered;

(b) the dates of the learning activity; and

(6) Acceptable evidence for credit of publications is a copy of the publication that names the licensee as author or contributor, a statement from the licensee supporting the number of CPE credits claimed, and the name and contact information of the independent reviewer(s) or publisher.

History

Authorizing statute(s): 37-1-319, 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2017 MAR p. 2283, Eff. 12/9/17; AMD, 2018 MAR p. 2406, Eff. 12/8/18.

Mont. Admin. R. 24.201.2130 Programs Which Qualify

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. and Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; TRANS, from Commerce, 2005 MAR p. 2668; REP, 2010 MAR p. 2574, Eff. 10/29/10.

Mont. Admin. R. 24.201.2131 Acceptable Subject Matter for Qualifying Programs

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2668; REP, 2010 MAR p. 2574, Eff. 10/29/10.

Mont. Admin. R. 24.201.2132 Acceptable Programs

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/9/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2668; REP, 2010 MAR p. 2574, Eff. 10/29/10.

Mont. Admin. R. 24.201.2136 Credit Hours Granted

(1) Group programs and blended learning programs must be a minimum of one hour, but credit may be earned in one-fifth or one-half hour increments after the first full hour credit is earned.

(2) Self-study programs must be a minimum of one-half hour credit initially, but credit may be earned in one-fifth or one-half hour increments after the first one-half hour credit has been earned.

(3) Nano-learning is earned at one-fifth credit hour.

(4) Blended learning program credit hours must equal the sum of the CPE credit determination for the various completed components of the program.

(5) For university or college courses, each semester unit of credit shall equal 15 hours toward the requirement. A quarter unit of credit shall equal ten hours.

History

Authorizing statute(s): 37-1-319, 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2003 MAR p. 12, Eff. 1/17/03; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2017 MAR p. 2283, Eff. 12/9/17.

Mont. Admin. R. 24.201.2137 Credit for Formal Self-Study and Nano-Learning Programs

(1) Formal self-study and nano-learning programs shall receive continuing education credit equal to the amount granted by the sponsor, if the sponsor is recognized by the NASBA National Registry of CPE Sponsors. Self-study programs are calculated on a 50-minute hour.

(a) All other formal self-study programs receive continuing education credit based on a 100-minute hour. Self-study courses that are offered by a sponsor that is not recognized by the NASBA National Registry of CPE Sponsors must be at least 50 minutes to receive credit.

(2) Nano-learning programs offered by a sponsor that is not recognized by the NASBA National Registry of CPE Sponsors will not receive CPE credit.

(3) Individuals claiming credit for such formal self-study courses are required to obtain evidence of satisfactory completion from the program sponsor.

History

Authorizing statute(s): 37-1-319, 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 2000 MAR p. 461, Eff. 2/11/00; AMD, 2003 MAR p. 12, Eff. 1/17/03; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2017 MAR p. 2283, Eff. 12/9/17.

Mont. Admin. R. 24.201.2138 Credit for Service as Lecturer, Instructor, Technical Reviewer, Speaker, or Report Reviewer

(1) Lecturers, instructors, and speakers may claim continuing education credit for both preparation and presentation time for a course once during a three-year reporting period only to the extent the activities maintain or increase their professional competence and qualify for continuing education credit for participants. Credit may be claimed for actual course presentation time and for preparation time up to two times the class credit hours once in any rolling three-year period. The maximum credit for such preparation and teaching shall not exceed 50 percent (or 60 hours) of the basic requirement in any rolling three-year period.

(2) Continuing education credit may be claimed for serving as a report reviewer under structured report review programs to be approved on a case-by-case basis by the board. Once approved, one hour of credit shall be granted for every hour spent reviewing reports. The maximum credit for such reviews shall be no more than 16 hours in any given calendar year.

(3) Technical reviewers of qualified CPE programs may receive CPE credit for the actual review time up to the actual number of CPE hours for the learning activity. Not more than 50 percent (60 hours) of the total CPE hours required for the reporting period can be claimed for technical review of CPE courses.

History

Authorizing statute(s): 37-1-319, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1990 MAR p. 586, Eff. 3/30/90; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2017 MAR p. 2283, Eff. 12/9/17; AMD, 2020 MAR p. 792, Eff. 5/1/20.

Mont. Admin. R. 24.201.2139 Credit for Published Articles, Books, Etc

(1) Credit may be claimed for published articles, books, and other publications relevant to maintaining professional competence. Credit for preparation of such publications may not exceed 25 percent (or 30 hours) of the basic requirement, unless exceptional circumstances justify greater credit. The final amount of credit awarded will be determined by the board on a case-by-case basis.

History

Authorizing statute(s): 37-1-319, 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2017 MAR p. 2283, Eff. 12/9/17.

Mont. Admin. R. 24.201.2140 Credit for Blended Learning

(1) Any pre-program, post-program, and/or homework assignments must relate to the defined learning objectives of the program.

(2) Course sponsors must provide clear instruction and information that summarize the components of the program and what must be completed or achieved during each component in order to qualify for CPE hours.

(3) Pre-program, post-program, and homework assignments cannot constitute more than 25 percent of the total CPE hours for that class.

(4) The primary component must incorporate an assessment in which the participant demonstrates achievement of the learning objectives of the program.

History

Authorizing statute(s): 37-1-319, 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, MCA
History: NEW, 2017 MAR p. 2283, Eff. 12/9/17.

Mont. Admin. R. 24.201.2145 Reporting Requirements

(1) Reporting of actual courses/credits is not required, unless the individual is selected for a random CPE audit as outlined in ARM 24.201.2148, or the individual must otherwise prove compliance for licensure purposes (i.e., restoring a license to active status).

History

Authorizing statute(s): 37-1-319, 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1990 MAR p. 584, Eff. 3/30/90; AMD, 2000 MAR p. 461, Eff. 2/11/00; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2018 MAR p. 2406, Eff. 12/8/18.

Mont. Admin. R. 24.201.2146 Continuing Education Reporting for Permit to Practice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2010 MAR p. 2574, Eff. 10/29/10; REP, 2012 MAR p. 1363, Eff. 7/13/12.

Mont. Admin. R. 24.201.2147 Evidence of Completion - Retention

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2668; REP, 2010 MAR p. 2574, Eff. 10/29/10.

Mont. Admin. R. 24.201.2148 Verification

(1) Licensees notified that they have been selected for an audit of their basic CPE requirement must submit all courses and appropriate documentation using the NASBA CPE audit service and comply with the deadline for submitting documentation.

(2) Only documentation as outlined in ARM 24.201.2124, in support of the basic CPE requirement, shall be submitted.

History

Authorizing statute(s): 37-1-319, 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2019 MAR p. 1863, Eff. 10/19/19.

Mont. Admin. R. 24.201.2154 Extension or Hardship Exception

(1) The board or its designee may grant, for a specific period of time, an extension in order to complete the basic CPE requirement, or grant a written hardship exception for reasons of individual hardship (i.e. health or military service).

(2) To request an extension or hardship exception, an individual must submit the appropriate form. The board or designee will evaluate the request on a case-by-case basis.

History

Authorizing statute(s): 37-1-319, 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-1-306, 37-50-203, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2012 MAR p. 1363, Eff. 7/13/12; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2018 MAR p. 2406, Eff. 12/8/18.

Mont. Admin. R. 24.201.2155 Other Exceptions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2668; REP, 2010 MAR p. 2574, Eff. 10/29/10.

Mont. Admin. R. 24.201.2161 Reinstatement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-50-203, 37-50-314, MCA
History: NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1990 MAR p. 584, Eff. 3/30/90; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2010 MAR p. 2574, Eff. 10/29/10; REP, 2012 MAR p. 1363, Eff. 7/13/12.

Subchapter 24.201.24 Complaint Procedures

Mont. Admin. R. 24.201.2401 Anonymous Complaints

(1) The board may accept anonymous complaints.

History

Authorizing statute(s): 37-50-203, MCA
Implementing statute(s): 37-1-307, 37-1-308, MCA
History: NEW, 1997 MAR p. 540, Eff. 3/25/97; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2014 MAR p. 2849, Eff. 11/21/14.

Mont. Admin. R. 24.201.2402 Exercise of Practice Privilege in Other Jurisdictions

(1) Any registered firm or licensee of this board offering or rendering services in or to another jurisdiction pursuant to practice privilege, based upon their registration or license from this board, is deemed to have consented to the administrative jurisdiction of the other board of accountancy.

History

Authorizing statute(s): 37-50-201, 37-50-203, MCA
Implementing statute(s): 37-50-325, MCA
History: NEW, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2019 MAR p. 1863, Eff. 10/19/19.

Mont. Admin. R. 24.201.2410 Enforcement Against License Holders and Practice Privilege Holders

(1) The following terms may be cause for imposition of disciplinary action:

(a) continues to practice public accounting, or uses the designation CPA or LPA, after failure to comply with the requirements for annual renewal;

(b) failure of a Montana firm or a firm using practice privilege to comply with the peer review rules of subchapter 11;

(d) performance of any fraudulent act while holding a license or practice privilege issued or extended under Title 37, chapter 50, MCA;

(e) failure of a Montana active licensee or practice privilege holder to meet the continuing education requirements established by the board;

(f) noncompliance with the basic CPE requirement established in ARM 24.201.2106, prior to the department administering the provisions of 37-1-321, MCA, for more than one audit in a five-year period;

(g) failure to respond to correspondence from the board, or to comply with orders of the board;

(h) failure of a Montana firm or a firm using practice privilege to comply with ownership requirements;

(i) receiving a "fail" peer review report, or second or subsequent "pass with deficiency" peer review report;

(j) failure of a firm to comply with conditions imposed by the peer review program as a result of a "pass with deficiencies" or "failed" peer review classification;

(k) failure of a firm, licensee, or practice privilege holder to comply with professional conduct rules established in ARM Title 24, chapter 201, subchapter 7;

(l) failure of any firm or individual using the practice privilege in Montana to qualify for such practice privilege;

(m) failure of any firm or individual using the practice privilege in Montana to notify this board of any suspension, revocation, termination, or discipline of the license in any jurisdiction in which the firm or individual practices;

(n) failure of a Montana firm or licensee who is using the practice privilege in another jurisdiction to cooperate with another jurisdiction's board of accountancy's investigation into acts of the licensee in that other jurisdiction; or

(o) failure of a licensee or practice privilege holder to comply with board rules of professional conduct, and the AICPA Code of Professional Conduct effective December 15, 2014.

(i) The board adopts and incorporates by reference the AICPA Code of Professional Conduct, effective December 15, 2014, which sets forth the principles, rules, and interpretations in the performance of professional responsibilities. A copy of the AICPA Code of Professional Conduct may be obtained from the Board of Public Accountants, 301 S. Park Ave., Helena, MT 59601.

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-50-203, MCA
Implementing statute(s): 37-1-136, 37-1-316, 37-1-319, 37-1-321, 37-50-203, 37-50-325, 37-50-330, 37-50-335, MCA
History: NEW, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1986 MAR p. 1500, Eff. 9/12/86; AMD, 1990 MAR p. 584, Eff. 3/30/90; AMD, 1997 MAR p. 540, Eff. 3/25/97; AMD, 1998 MAR p. 463, Eff. 2/13/98; AMD, 2004 MAR p. 2916, Eff. 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2017 MAR p. 2283, Eff. 12/9/17; AMD, 2019 MAR p. 1863, Eff. 10/19/19.

Mont. Admin. R. 24.201.2411 Enforcement Procedures - Investigations and Profession Monitoring Program (pmp) Review

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-1-319, 37-50-203, MCA
Implementing statute(s): 37-1-136, 37-1-316, 37-1-319, MCA
History: NEW, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1986 MAR p. 1500, Eff. 9/12/86; AMD, 1997 MAR p. 540, Eff. 3/25/97; AMD, 2004 MAR p. 2916, Eff. 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; REP, 2014 MAR p. 2849, Eff. 11/21/14.

Chapter 24.204 Board of Radiologic Technologists

Subchapter 24.204.1 Organizational Rules

Mont. Admin. R. 24.204.101 Board Organization (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 10/4/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2004 MAR p. 3033; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.204.2 Procedural Rules

Mont. Admin. R. 24.204.201 Procedural Rules (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 10/4/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2004 MAR p. 3033; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.204.202 Public Participation (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1978 MAR p. 202, Eff. 2/24/78; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2004 MAR p. 3033; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.204.6 Radiologist Assistant Rules

Mont. Admin. R. 24.204.607 Code of Ethics (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-14-202, 37-14-313, MCA
Implementing statute(s): 37-1-131, 37-14-313, MCA
History: NEW, 2005 MAR p. 2465, Eff. 12/9/05; AMD, 2010 MAR p. 77, Eff. 1/15/10; AMD, 2015 MAR p. 2274, Eff. 12/25/15; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-141, MCA
History: NEW, 2006 MAR p. 2659, Eff. 10/27/06; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.204.23 Unprofessional Conduct

Mont. Admin. R. 24.204.2301 Unprofessional Conduct (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-14-202, MCA
Implementing statute(s): 37-1-131, 37-1-316, MCA
History: NEW, 1984 MAR p. 1629, Eff. 11/16/84; AMD, 1996 MAR p. 1138, Eff. 4/26/96; AMD, 1998 MAR p. 1916, Eff. 7/17/98; TRANS, from Commerce, 2004 MAR p. 3033; AMD, 2007 MAR p. 202, Eff. 2/9/07; AMD, 2010 MAR p. 77, Eff. 1/15/10; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Chapter 24.207 Board of Real Estate Appraisers

Subchapter 24.207.1 Organizational Rule

Mont. Admin. R. 24.207.101 Board Organization

(1) The Board of Real Estate Appraisers adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1991 MAR p. 1924, Eff. 10/18/91; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2016 MAR p. 217, Eff. 2/6/16; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.207.2 Procedural Rules

Mont. Admin. R. 24.207.201 Procedural Rules

(1) The Board of Real Estate Appraisers adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1991 MAR p. 1924, Eff. 10/18/91; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.207.202 Public Participation

(1) The Board of Real Estate Appraisers adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1991 MAR p. 1924, Eff. 10/18/91; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.207.203 Incorporation by Reference of the Real Property Appraiser Qualification Criteria

(1) Except as stated in (3) and ARM 24.207.508 regarding ad valorem tax appraisal experience, the board adopts and incorporates by reference the Real Property Appraiser Qualification Criteria (AQB Criteria), effective January 1, 2026, in its entirety, inclusive of the criteria, interpretations, guide notes, and Q&A, and Policy Statements, published by the Appraiser Qualifications Board of The Appraisal Foundation. A copy of the AQB Criteria and policy statements are available from The Appraisal Foundation at www.appraisalfoundation.org, or 1155 15th Street NW, Suite 1111, Washington, DC 20005.

(2) The AQB Criteria covers the qualifying experience, education, examination, and background check requirements necessary to become a trainee, trainee supervisor, licensed appraiser, or certified appraiser; and the standards, scopes of practice, and continuing education requirements for each category of licensure.

(3) The board amends the following AQB Criteria:

(a) "Criteria Specific to Continuing Education," Part III F, paragraph 12 is amended with the addition of the following: "The board has a two-year continuing education cycle."

(b) "Criteria Specific to Continuing Education," Part III F, paragraph 14, is amended to replace the first sentence and replace with the following: "If after audit, a credential holder is determined to be deficient in continuing education, the board will offer a 60-day opportunity to cure and complete all required education hours for that continuing education cycle. If the credential holder fails to cure the continuing education deficiency, the board will place the credential holder in an "administrative suspension" status and report the credential holder to the national registry as AQB-noncompliant until the audited deficiency and any accrued deficiency is cured. A demonstrated pattern of deficiencies may result in referral to the board for disciplinary action."

(c) "Background Checks," Part VII, paragraph C, is amended to include the following: "As provided by Title 37, chapter 1, part 2, MCA, the board may not base a denial of a license solely on a previous criminal conviction unless it finds, after investigation, the applicant has not been sufficiently rehabilitated as to warrant the public trust."

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-1-203, 37-1-321, 37-54-105, MCA
History: NEW, 2019 MAR p. 53, Eff. 1/12/19; AMD, 2021 MAR p. 1322, Eff. 10/9/21; AMD, 2022 MAR p. 910, Eff. 6/11/22; AMD, 2026 MAR, Notice No. 2025-261, Eff. 3/21/26.

Subchapter 24.207.4 General Provisions

Mont. Admin. R. 24.207.401 Fees

(1) The following fees shall apply to all licensed and certified real estate appraisers, trainees, and applicants. Fees are not refundable or transferable. Fees are not prorated for portions of the year.

(a) original license application by examination $238

(b) temporary practice permits for out-of-state licensed or certified appraisers 125

(d) course renewal approval per course 150

(e) upgrade fee 150

(f) appraiser national registry fee 40

(g) inactive renewal license fee 125

(h) reciprocal license application 238

(i) license or certification renewal fee 225

(j) original trainee license 200

(k) trainee renewal fee 200

(l) mentor endorsement application fee 100

(m) reactivation fee (inactive to active status) 113

(2) The following fees apply to registered appraisal management companies and applicants for registration. Fees are not refundable or transferable. Fees are not prorated for portions of the year.

(a) original application and license fee 1000

(b) application for change of controlling person or contact person 125

(d) fee for filing amended appraiser panel list 25

(e) application to change business structure with addition or substitution of an owner 125

(f) application to change business structure without addition or substitution of an owner 23

(g) An appraisal management company shall, with each renewal of its registration, pay a fee for the AMC national registry of $25 multiplied by the number of appraisers performing an appraisal in a covered transaction for the AMC during the previous year. A year for this purpose is September 1 through August 31.

(h) All audited registered appraisal management companies shall pay an audit fee in the amount of $450 within 30 days of receiving notification of selection for audit.

(3) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-1-141, 37-54-105, 37-54-112, 37-54-212, 37-54-302, 37-54-310, MCA
History: NEW, 1991 MAR p. 1924, Eff. 10/18/91; AMD, 1992 MAR p. 1612, Eff. 7/31/92; AMD, 1993 MAR p. 2775, Eff. 11/25/93; AMD, 1994 MAR p. 1584, Eff. 6/10/94; AMD, 1997 MAR p. 308, Eff. 2/11/97; AMD, 1999 MAR p. 1657, Eff. 7/23/99; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2002 MAR p. 911, Eff. 3/29/02; AMD, 2004 MAR p. 79, Eff. 1/16/04; AMD, 2006 MAR p. 765, Eff. 3/24/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 203, Eff. 2/9/07; AMD, 2008 MAR p. 2272, Eff. 10/24/08; AMD, 2009 MAR p. 1800, Eff. 10/16/09; AMD, 2011 MAR p. 577, Eff. 4/15/11; AMD, 2011 MAR p. 2401, Eff. 11/11/11; AMD, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2016 MAR p. 217, Eff. 2/6/16; AMD, 2019 MAR p. 53, Eff. 1/12/19; AMD, 2023 MAR p. 1095, Eff. 9/23/23.

Mont. Admin. R. 24.207.402 Adoption of Uspap by Reference

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-54-105, MCA
Implementing statute(s): 37-54-105, 37-54-403, MCA
History: NEW, 1991 MAR p. 1924, Eff. 10/18/91; AMD, 2000 MAR p. 956, Eff. 4/14/00; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2002 MAR p. 911, Eff. 3/29/02; AMD, 2003 MAR p. 651, Eff. 4/11/03; AMD, 2004 MAR p. 732, Eff. 4/9/04; AMD, 2005 MAR p. 652, Eff. 4/29/05; AMD, 2007 MAR p. 203, Eff. 2/9/07; AMD, 2008 MAR p. 2272, Eff. 10/24/08; AMD, 2009 MAR p. 1800, Eff. 10/16/09; REP, 2012 MAR p. 745, Eff. 4/13/12.

Mont. Admin. R. 24.207.403 Regulatory Reviews

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-54-105, MCA
Implementing statute(s): 37-1-136, 37-54-416, MCA
History: NEW, 2000 MAR p. 956, Eff. 4/14/00; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2008 MAR p. 2272, Eff. 10/24/08; AMD, 2014 MAR p. 3064, Eff. 12/25/14; REP, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.404 Appraisal Review – Uspap Exemption

(1) Board members and department staff are not required to comply with USPAP in performance of official board duties. However, the board may require contracted reviews to conform with USPAP.

History

Authorizing statute(s): 37-54-105, MCA
Implementing statute(s): 37-54-105, MCA
History: NEW, 2000 MAR p. 2301, Eff. 8/25/00; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2007 MAR p. 203, Eff. 2/9/07; AMD, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.406 Definitions

(1) "AQB" means the Appraiser Qualifications Board of the Appraisal Foundation as provided for under Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA).

(2) "AQB criteria" means minimum education, experience, and examination requirements to obtain and the continuing education requirements to maintain a license or certification as an appraiser, supervisory appraiser, or trainee appraiser. The AQB publishes these requirements in The Real Property Appraiser Qualification Criteria, which is adopted and incorporated by reference at ARM 24.207.203.

(3) "Complete" means a determination by licensing staff that the application form is legible and filled out entirely, the fee and accompanying documentation or further requested information has been received, and the qualifications component has been met.

(a) The qualifications component will include a completed appraisal review prepared by an individual designated by the board, unless the applicant is qualified for a license by reciprocity or is applying for a mentor endorsement, temporary practice permit, or trainee license.

(4) "Engagement" means each separate instance in which a licensed or certified appraiser in Montana is engaged to perform an appraisal assignment in Montana, regardless of the scope of the work.

(5) "USPAP" means the Uniform Standards of Professional Appraisal Practice, promulgated by the Appraisal Standards Board of the Appraisal Foundation.

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-54-202, 37-54-302, 37-54-403, MCA
History: NEW, 2011 MAR p. 2401, Eff. 11/11/11; AMD, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2016 MAR p. 217, Eff. 2/6/16; AMD, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.408 Military Training or Experience

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 685, Eff. 4/11/14; AMD, 2014 MAR p. 3064, Eff. 12/25/14; REP, 2023 MAR p. 1095, Eff. 9/23/23.

Mont. Admin. R. 24.207.411 Nonroutine Applications

(1) For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402.

(2) Applications with appraisal reports that do not meet Uniform Standards of Professional Appraisal Practice are nonroutine.

(3) Nonroutine applications must be reviewed and approved by the board before a license may be issued.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.207.412 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Subchapter 24.207.5 Licensing and Scope of Practice

Mont. Admin. R. 24.207.501 Examination

(1) Upon approval by the department of an original applicant's education and experience requirements, the department will issue a letter of exam eligibility to take the examination pending completion of fingerprint and background checks.

(2) Only an original applicant for licensure or certification as an appraiser must take an examination. Reciprocal applicants, temporary permit applicants, and trainees and trainee mentors are not generally subject to an examination. However, for nonroutine reciprocal applicants under ARM 24.207.502 or licensees reactivating an inactive or administratively suspended license, the board may require the applicant to demonstrate competency by taking the licensing examination.

(3) Examinations are administered by a testing agency under contractual agreement with the board.

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-54-105, 37-54-202, 37-54-302, MCA
History: NEW, 1991 MAR p. 1924, Eff. 10/18/91; AMD, 1993 MAR p. 2775, Eff. 11/25/93; AMD, 1997 MAR p. 308, Eff. 2/11/97; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2006 MAR p. 765, Eff. 3/24/06; AMD, 2008 MAR p. 2272, Eff. 10/24/08; AMD, 2012 MAR p. 2614, Eff. 12/21/12; AMD, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2016 MAR p. 217, Eff. 2/6/16; AMD, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.502 Application Requirements

(1) Applicants for licensure, a mentor endorsement, or a temporary practice permit must submit a complete application form provided by the department, electronically or by paper, including appropriate fees and all required documentation.

(2) An applicant for licensure by examination must additionally submit:

(a) a set of fingerprints to the Montana Department of Justice;

(b) qualifying education certificates or transcripts; and

(i) an experience log on a form provided by the department; or

(ii) proof of completion of the Practical Applications of Real Estate Appraisal (PAREA) program at the experience credit levels approved by the AQB in each AQB-approved program.

(3) Department staff will identify and direct an applicant by examination to submit three appraisal reports from the experience log for review. If the review indicates that the work is not compliant with USPAP, or staff have otherwise determined the applicant's background check indicates board review, staff will refer the application to the board as nonroutine. The board may request additional information or clarification of information provided in the application as it deems reasonably necessary.

(4) Applicants for licensure by reciprocity must additionally:

(a) submit a set of fingerprints to the Montana Department of Justice;

(b) have an active license in good standing, as shown on the ASC national appraiser registry, from a state that has:

(i) licensing requirements that meet or exceed those in Montana; and

(ii) a rating above a "poor" for compliance with Title XI of FIRREA as determined by the ASC; and

(5) If the criteria in (4)(b) and (c) are not met or there is a criminal history revealed by the fingerprint background check, the reciprocal application will require review by the board as nonroutine for issuance of the license in the board's discretion.

(6) To qualify for a temporary practice permit to perform an appraisal assignment for a federally related transaction, the applicant must, as shown in the ASC national appraiser registry:

(a) have an active license in good standing as a credentialed appraiser; and

(b) be AQB-compliant.

(7) Trainee appraisers from other states are not eligible for temporary practice permits.

(8) Staff may request additional information or clarification of information provided in the application. If the applicant fails to complete the application or comply with the request, the application will expire within one year. After expiration, an applicant will be required to submit an entirely new application to begin the process again.

(9) A fingerprint report is valid for six months from date of receipt of the report from the Federal Bureau of Investigation. If an application is still pending after this six-month period, the board may require the applicant to resubmit fingerprints.

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-54-105, 37-54-202, MCA
History: NEW, 1991 MAR p. 1924, Eff. 10/18/91; AMD, 1994 MAR p. 1584, Eff. 6/10/94; AMD, 1995 MAR p. 22, Eff. 1/13/95; AMD, 1997 MAR p. 308, Eff. 2/11/97; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2003 MAR p. 110, Eff. 1/31/03; AMD, 2006 MAR p. 765, Eff. 3/24/06; AMD, 2008 MAR p. 2272, Eff. 10/24/08; AMD, 2011 MAR p. 577, Eff. 4/15/11; AMD, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2016 MAR p. 217, Eff. 2/6/16; AMD, 2019 MAR p. 53, Eff. 1/12/19; AMD, 2023 MAR p. 1095, Eff. 9/23/23.

Mont. Admin. R. 24.207.503 Experience - Number of Hours Required

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-54-105, 37-54-202, 37-54-303, MCA
History: NEW, 1991 MAR p. 1924, Eff. 10/18/91; AMD, 1993 MAR p. 1642, Eff. 7/30/93; AMD, 1993 MAR p. 2775, Eff. 11/25/93; AMD, 1997 MAR p. 308, Eff. 2/11/97; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2014 MAR p. 3064, Eff. 12/25/14; REP, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.504 Approval of Qualifying and Continuing Education Courses

(1) Educational and training courses must receive prior approval by the board. Each course shall be approved for a three-year period only, and must be resubmitted, with all updated information required in (4), for reapproval at the end of the three-year period.

(2) Approved courses must meet the following standards:

(a) the course was developed by persons qualified in the subject matter and instructional design;

(b) the program content is current;

(d) the number of participants and physical facilities are consistent with the teaching methods;

(e) the qualifying education course includes an examination for measuring the information learned;

(f) qualifying education courses must have a minimum length of 15 hours; and

(g) continuing education courses must have a minimum length of two hours.

(3) The following may be approved as providers of educational and training courses provided the standards set forth in (2) are met:

(a) universities, colleges, junior colleges, or community colleges accredited by a regional accrediting body accepted by the appropriate agency of the state of Montana;

(b) professional appraisal and real estate related organizations; or

(4) To apply for approval, a course provider must make application in the manner prescribed by the board and pay the proper fee 30 days prior to offering the course. The application shall include, but not be limited to:

(a) course outline or syllabus;

(b) all texts, workbooks, handouts, or other course materials;

(d) course examinations; and

(e) history of the provider.

(5) The board shall have the authority to deny or revoke its approval of a previously approved course or course provider for cause.

(6) An applicant must attend 100 percent of the scheduled class hours, complete all required exercises, and achieve a passing score on a proctored course examination in order to receive credit for a qualifying education course.

(7) It is the applicant's responsibility to verify that a particular course or other program for which credit is claimed has been accepted by the board.

(8) A classroom hour is defined as 50 minutes out of each 60-minute segment.

(9) Credit toward the classroom hour requirement may only be granted for qualifying education if the length of the educational offering is at least 15 hours and the individual successfully completes an examination pertinent to that educational offering.

(10) The board approves the following educational settings:

(a) accredited colleges or universities;

(b) accredited community or junior colleges;

(d) state or federal agencies or commissions;

(e) proprietary schools; or

(f) other providers approved by the board.

(11) Distance education courses may be approved if the board determines that:

(a) the distance education course serves to protect the public by contributing to the maintenance and improvement of the quality of real estate appraisal services provided by real estate appraiser licensees to the public;

(b) an appropriate and complete application has been filed and approved by the board; and

(c) the distance education course meets all other requirements as prescribed in the statutes and rules that govern the operation of approved courses.

(12) Distance education (online) may total 100 percent of qualifying education requirements for each level of licensure.

(13) Credit toward qualifying education requirements may be obtained via the completion of a degree program in real estate from an accredited degree-granting college or university, provided the college or university has had its curriculum reviewed and approved by the AQB.

(14) Aside from complying with the requirements to complete the seven-hour national USPAP update course or its AQB-approved equivalent, trainees and appraisers may not receive credit for completion of the same continuing education course offering within a trainee's or an appraiser's continuing education cycle.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-54-105, 37-54-202, MCA
History: NEW, 1991 MAR p. 1924, Eff. 10/18/91; AMD, 1992 MAR p. 1612, Eff. 7/31/92; AMD, 1994 MAR p. 1584, Eff. 6/10/94; AMD, 1997 MAR p. 308, Eff. 2/11/97; AMD, 2000 MAR p. 956, Eff. 4/14/00; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2003 MAR p. 110, Eff. 1/31/03; AMD, 2006 MAR p. 919, Eff. 3/24/06; AMD, 2008 MAR p. 2272, Eff. 10/24/08; AMD, 2011 MAR p. 577, Eff. 4/15/11; AMD, 2012 MAR p. 2614, Eff. 12/21/12; AMD, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2018 MAR p. 722, Eff. 4/14/18; AMD, 2019 MAR p. 53, Eff. 1/12/19; AMD, 2021 MAR p. 436, Eff. 4/17/21; AMD, 2022 MAR p. 910, Eff. 6/11/22.

Mont. Admin. R. 24.207.505 Qualifying Education Requirements for Licensed Real Estate Appraisers

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-54-105, 37-54-202, MCA
History: NEW, 1991 MAR p. 1924, Eff. 10/18/91; AMD, 1997 MAR p. 308, Eff. 2/11/97; AMD, 1998 MAR p. 744, Eff. 3/27/98; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2006 MAR p. 765, Eff. 3/24/06; AMD, 2006 MAR p. 1634, Eff. 6/23/06; AMD, 2008 MAR p. 2272, Eff. 10/24/08; AMD, 2011 MAR p. 577, Eff. 4/15/11; AMD, 2011 MAR p. 2400, Eff. 11/11/11; AMD, 2014 MAR p. 3064, Eff. 12/25/14; REP, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.506 Qualifying Education Requirements for Residential Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-54-105, 37-54-303, MCA
Implementing statute(s): 37-1-131, 37-54-105, 37-54-303, MCA
History: NEW, 1991 MAR p. 1924, Eff. 10/18/91; AMD, 1993 MAR p. 2775, Eff. 11/25/93; AMD, 1997 MAR p. 308, Eff. 2/11/97; AMD, 1998 MAR p. 744, Eff. 3/27/98; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2003 MAR p. 110, Eff. 1/31/03; AMD, 2006 MAR p. 919, Eff. 3/24/06; AMD, 2006 MAR p. 1634, Eff. 6/23/06; AMD, 2007 MAR p. 472, Eff. 4/13/07; AMD, 2008 MAR p. 2272, Eff. 10/24/08; AMD, 2011 MAR p. 577, Eff. 4/15/11; AMD, 2011 MAR p. 2400, Eff. 11/11/11; AMD, 2014 MAR p. 3064, Eff. 12/25/14; REP, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.507 Qualifying Education Requirements for General Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-54-105, 37-54-303, MCA
Implementing statute(s): 37-1-131, 37-54-105, 37-54-303, MCA
History: NEW, 1991 MAR p. 1924, Eff. 10/18/91; AMD, 1997 MAR p. 308, Eff. 2/11/97; AMD, 1998 MAR p. 744, Eff. 3/27/98; AMD, 2000 MAR p. 3521, Eff. 12/22/00; AMD, 2001 MAR p. 1333, Eff. 7/20/01; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2006 MAR p. 765, Eff. 3/24/06; AMD, 2006 MAR p. 1634, Eff. 6/23/06; AMD, 2008 MAR p. 2272, Eff. 10/24/08; AMD, 2011 MAR p. 577, Eff. 4/15/11; AMD, 2014 MAR p. 3064, Eff. 12/25/14; REP, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.508 Ad Valorem Tax Appraisal Experience

(1) Applicants for licensure or certification may claim 100 percent of the required experience from conducting ad valorem appraisal assignments with the Montana Department of Revenue.

(2) In addition to the general requirements for application, applicants under this rule shall provide:

(a) an experience log prescribed by the board and attested to by the applicant's supervisor that the appraisals claimed for experience have been performed in compliance with USPAP Standards 5 and 6.

(i) For licensure as a licensed real estate appraiser and licensure as a certified residential real estate appraiser, the appraisals must be for residential properties.

(ii) For licensure as a certified general real estate appraiser, the appraisals must be for nonresidential properties.

(b) proof of successful completion of the International Association of Assessing Officers (IAAO) training and testing relevant to the license or certification category applied for and required by the Montana Department of Revenue as set forth at ARM 42.18.206 through 42.18.208; and

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-54-105, MCA
History: NEW, 1993 MAR p. 142, Eff. 1/29/93; AMD, 1997 MAR p. 308, Eff. 2/11/97; AMD, 1998 MAR p. 744, Eff. 3/27/98; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2008 MAR p. 2272, Eff. 10/24/08; AMD, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2019 MAR p. 1382, Eff. 8/24/19.

Mont. Admin. R. 24.207.509 Qualifying Experience

(1) Timber and mineral valuations shall not qualify as real estate appraisal experience, unless performed in conjunction with a real estate appraisal assignment involving real property.

(2) The board will use the following maximum hourly credit as a guide toward the crediting of experience hours:

(a) single unit residential (one unit dwelling)

(i) appraisal report 12

(ii) restricted appraisal report 12

(b) multiunit residential (two to four units)

(i) appraisal report 20

(ii) restricted appraisal report 20

(i) appraisal report 8

(ii) restricted appraisal report 8

(d) individual residential subdivision sites (per site)

(not to exceed 20 hours - two sites per subdivision)

(i) appraisal report 5

(ii) restricted appraisal report 5

(e) land (undeveloped nonresidential tracts,

residential multifamily sites, commercial sites,

industrial sites, land in transition, etc.)

(i) appraisal report 25

(ii) restricted appraisal report 25

(f) rural, agricultural, or residential ten to 160 acres

(i) appraisal report 25

(ii) restricted appraisal report 25

(g) rural, agricultural, or residential 161 to 2000 acres

(i) appraisal report 30

(ii) restricted appraisal report 30

(h) agricultural in excess of 2000 acres

(i) appraisal report 40

(ii) restricted appraisal report 40

(i) rural, agricultural, or residential 160 to 1000 acres with

improvements

(i) appraisal report 50

(ii) restricted appraisal report 50

(j) rural, agricultural, or residential over 1000 acres with

improvements

(i) appraisal report 60

(ii) restricted appraisal report 60

(k) residential multifamily (5-12 units) (apartments,

condominiums, townhouses, mobile home parks, etc.)

(i) appraisal report 35

(ii) restricted appraisal report 35

(l) residential multifamily (13+ units) (apartments,

condominiums, townhouses, mobile home parks, etc.)

(i) appraisal report 60

(ii) restricted appraisal report 60

(m) commercial single tenant (office building, retail store,

restaurant, service station, bank, day care center, etc.)

(i) appraisal report 40

(ii) restricted appraisal report 40

(n) commercial multitenant (office building,

shopping center, hotel, etc.)

(i) appraisal report 60

(ii) restricted appraisal report 60

(o) industrial (warehouse, manufacturing plant, etc.)

(i) appraisal report 70

(ii) restricted appraisal report 70

(p) institutional (nursing home, hospital, school, church,

government building, etc.)

(i) appraisal report 70

(ii) restricted appraisal report 70

(3) Appraisal review reports that do not contain the reviewer's opinion of value will be allowed a maximum one-third of the allotted time found in (2).

(4) The board may provide a variance from the hourly standards provided in (2) and (3). To be considered for such a variance, an applicant must submit a written request for a variance supported by documentation, which demonstrates the need for additional credit hours.

History

Authorizing statute(s): 37-1-131, 37-54-105, 37-54-303, MCA
Implementing statute(s): 37-1-131, 37-54-105, 37-54-202, 37-54-303, MCA
History: NEW, 1997 MAR p. 308, Eff. 2/11/97; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2002 MAR p. 911, Eff. 3/29/02; AMD, 2003 MAR p. 110, Eff. 1/31/03; AMD, 2006 MAR p. 919, Eff. 3/24/06; AMD, 2007 MAR p. 472, Eff. 4/13/07; AMD, 2008 MAR p. 2272, Eff. 10/24/08; AMD, 2011 MAR p. 577, Eff. 4/15/11; AMD, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2016 MAR p. 217, Eff. 2/6/16; AMD, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.510 Scope of Practice

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-54-105, 37-54-201, MCA
History: NEW, 2007 MAR p. 472, Eff. 4/13/07; AMD, 2014 MAR p. 3064, Eff. 12/25/14; REP, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.511 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Real Estate Appraisers publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption of this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2025-261, Eff. 3/21/26.

Mont. Admin. R. 24.207.515 Inactive License/Certification

(1) A licensed or certified appraiser can place their license or certification in an inactive status by notifying the board in writing.

(2) Inactive licensees must pay their inactive renewal fee annually to avoid license lapse and termination.

(3) Inactive licensees must not appraise real property or sign appraisal reports while their license is on inactive status.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-1-319, 37-54-105, 37-54-310, MCA
History: NEW, 1997 MAR p. 308, Eff. 2/11/97; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2002 MAR p. 911, Eff. 3/29/02; AMD, 2006 MAR p. 765, Eff. 3/24/06; AMD, 2011 MAR p. 577, Eff. 4/15/11; AMD, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.516 Inactive to Active License

(1) For a licensed or certified real estate appraiser to become active, the appraiser must:

(a) file an updated application form with the board office and pay the required reactivation fee in accordance with ARM 24.207.401; and

(b) complete all required continuing education hours that would have been required if the licensee was in an active status, including the most recent edition of a seven-hour National USPAP Update Course (or AQB-approved equivalent).

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-1-319, 37-54-105, 37-54-310, MCA
History: NEW, 1997 MAR p. 308, Eff. 2/11/97; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2006 MAR p. 919, Eff. 3/24/06; AMD, 2011 MAR p. 577, Eff. 4/15/11; AMD, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.517 Trainee Requirements

(1) A trainee shall apply to the board as required in ARM 24.207.502(1).

(2) A trainee who has completed 500 hours of training may exercise a one-time option to submit to the board for review an appraisal of the type of property for which the trainee seeks licensure to determine if the appraisal complies with USPAP.

(3) Applying the same criteria for reciprocal applicants in ARM 24.207.502, the board will accept hours earned in another jurisdiction as a licensed trainee in an AQB-compliant training program.

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-54-105, 37-54-202, 37-54-303, MCA
History: NEW, 2004 MAR p. 79, Eff. 1/16/04; AMD, 2005 MAR p. 1400, Eff. 7/29/05; AMD, 2006 MAR p. 1634, Eff. 6/23/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 472, Eff. 4/13/07; AMD, 2008 MAR p. 2272, 10/24/08; AMD, 2011 MAR p. 577, Eff. 4/15/11; AMD, 2012 MAR p. 2614, Eff. 12/21/12; AMD, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2019 MAR p. 636, Eff. 1/12/19.

Mont. Admin. R. 24.207.518 Mentor Requirements

(1) A certified appraiser who intends to supervise a trainee shall first obtain a license endorsement by applying to the board as required in ARM 24.207.502.

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-54-105, 37-54-202, MCA
History: NEW, 2004 MAR p. 79, Eff. 1/16/04; AMD, 2005 MAR p. 1400, Eff. 7/29/05; AMD, 2007 MAR p. 203, Eff. 2/9/07; AMD, 2008 MAR p. 2272, Eff. 10/24/08; AMD, 2011 MAR p. 577, Eff. 4/15/11; AMD, 2012 MAR p. 2614, Eff. 12/21/12; AMD, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2016 MAR p. 217, Eff. 2/6/16; AMD, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.519 Appraiser Reporting Obligations to the Board

(1) All licensees shall report in writing to the board, within ten days of the occurrence of:

(a) change in the licensee's physical, postal, or e-mail address, or phone numbers;

(b) constructive notice to the licensee of a final order of disciplinary action, an order of summary suspension, or legal action related to the practice of real estate appraisal against the licensee; and

(2) To ensure that a mentor adheres to the limitation on the number of trainees the mentor supervises at a time, all mentors shall report in writing to the board, within ten days of the ending or beginning of a training relationship.

(3) "In writing" includes by postal mail or e-mail, or if available, by updating the licensee's online account with the division (e.g., address changes and supervisory relationships).

(4) Failure to report under this rule shall be cause for disciplinary action up to and including suspension or revocation of the license.

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-105, 37-1-131, 37-1-309, 37-54-105, MCA
History: NEW, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.520 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-319, 37-54-105, 37-54-310, MCA
History: NEW, 2006 MAR p. 765, Eff. 3/24/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2008 MAR p. 2272, Eff. 10/24/08; REP, 2016 MAR p. 217, Eff. 2/6/16.

Subchapter 24.207.15 Appraisal Management Company

Mont. Admin. R. 24.207.1501 Registration and Renewal of Appraisal Management Companies

(1) An applicant for registration as an appraisal management company in Montana must:

(a) submit a complete application on forms prescribed by the department;

(b) submit the appropriate fees;

(d) provide the information required in 37-54-501, MCA;

(e) provide contact information for the persons described in 37-54-501, MCA. Such persons must provide contact information for all forms of communication used by the person in connection with the appraisal management company, including the person's physical office address, mailing address, telephone number, facsimile number, electronic mail address, and web site address;

(f) include proof that the entity and all persons described in 37-54-501, MCA, have satisfied the registration requirements, if any, of Title 35 of the Montana Code Annotated and the Montana Secretary of State's Office;

(g) provide a list of all states in which the appraisal management company is currently located and/or providing appraisal management services;

(h) provide verifications from all states in which the appraisal management company is licensed, registered, or has ever been licensed or registered; and

(i) provide specific information requested by the board regarding the business practices, any civil, criminal, or administrative actions, ethical practice of the appraisal management company's individual owners of the company, and controlling and contact persons as part of the background examination pursuant to 37-54-503, MCA.

(2) An appraisal management company registration shall be renewed annually on or before the date set by ARM 24.101.413. In order to renew a registration, the contact person designated by the appraisal management company must submit the renewal application prescribed by the department and approved by the board, pay the appropriate renewal fee, and be the point of contact for questions and concerns regarding the application and annual renewal processes.

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-54-501, MCA
History: NEW, 2011 MAR p. 2401, Eff. 11/11/11; AMD, 2016 MAR p. 217, Eff. 2/6/16; AMD, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.1504 Appraiser Panel List for Appraisal Management Companies

(1) Amending the appraiser panel list is defined as the addition or deletion of a licensed or certified appraiser from the appraisal management company's appraiser panel.

(2) A registered appraisal management company must notify the board of any amendment to its appraiser panel list within ten days of the amendment. Except as provided in (3) or (4), an appraisal management company that amends its appraiser panel list must pay the amendment fee specified in ARM 24.207.401.

(3) An appraisal management company is exempt from paying the amendment fee for deleting or removing an appraiser as a result of documented violations of the Uniform Standards of Professional Appraisal Practice (USPAP).

(4) An appraisal management company must submit a current and complete list of all panel members with the renewal application annually. Additions and deletions submitted with the renewal application will not be assessed the amendment fee.

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-54-501, 37-54-509, 37-54-510, MCA
History: NEW, 2011 MAR p. 2401, Eff. 11/11/11.

Mont. Admin. R. 24.207.1507 Appraisal Management Company Record-Keeping Requirements

(1) In addition to the requirements of 37-54-513, MCA, the following documentation must be kept and made available to the board or its designee for audit purposes upon request:

(a) a complete original locked (PDF) version of the appraisals assigned;

(b) documentation of all alterations of the appraisal report pursuant to 37-54-516, MCA, which must be kept with the originally submitted appraisal report;

(d) a list of all appraisal panel members, including dates the panel members were added or deleted;

(e) a list of all engagements, including the name of requesting entity, the appraiser assigned, and the dates assigned and completed. If use of trainees or interoffice transfers is restricted, then the AMC's client or end-user policy must be attached to the engagement letter or contract for services;

(f) a list indicating the number of engagements per panel member on a yearly basis;

(g) copies of all contracts/agreements with appraisal panel members;

(h) documentation of qualifications and ownership of the appraisal management company;

(i) verifications of licensure or certification for all appraisal panel members, controlling persons, contact individuals, and any employees who are responsible for ordering appraisals, providing quality control examinations, or communicating with appraisers and independent contractors who perform appraisal reviews for property located in the state of Montana;

(j) documentation of all quality control examinations conducted for each completed engagement; and

(k) documentation of the annual appraisal reviews of all the panel appraisers who performed appraisal assignments for the appraisal management company, on a periodic basis to verify appraisal assignments are being conducted in accordance with the USPAP.

(2) All documentation and record keeping must be kept in a tamper-proof, secure location for a minimum of five full years following the completion of the engagement or document.

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-54-501, 37-54-503, 37-54-504, 37-54-505, 37-54-506, 37-54-508, 37-54-509, 37-54-510, 37-54-511, 37-54-512, 37-54-513, 37-54-515, 37-54-516, MCA
History: NEW, 2011 MAR p. 2401, Eff. 11/11/11; AMD, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2016 MAR p. 217, Eff. 2/6/16.

Mont. Admin. R. 24.207.1508 Complaints Involving Appraisal Management Companies

(1) The board may share complaints and other information about an appraisal management company with other regulators of the appraisal management company.

(2) An appraisal management company shall report a potential Uniform Standards of Professional Appraisal Practice (USPAP) violation to the board within 90 days of discovering the potential violation.

History

Authorizing statute(s): 37-1-131, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-1-136, 37-54-507, MCA
History: NEW, 2012 MAR p. 2614, Eff. 12/21/12.

Mont. Admin. R. 24.207.1509 Amc Audit Requirements

(1) Upon request of the board or board's representative, each appraisal management company selected for audit must provide the following information to the board office in the form required by the board:

(a) company written policy for quality control examinations and appraisal reviews;

(b) company written policy for determining the good standing of each appraiser panel member;

(c) company written policy requiring appraisers completing appraisal assignments, at its request, to comply with the Uniform Standards of Professional Appraisal Practice, including the requirements for geographic and product competence; and

(d) the following information regarding the removal of an appraiser from the company's appraiser panel:

(i) number of appraisers removed from the panel in the 12 months preceding renewal;

(ii) reasons for each removal, if not otherwise provided in the written removal notification; and

(iii) a copy of the written removal notification provided to each appraiser that was removed.

(2) In addition to the information specified in (1), for each member of the appraiser panel, an appraisal management company selected for audit must provide upon request of the board or board's representative:

(a) name of each appraiser on the company's appraiser panel and the number of engagements performed by each appraiser in the 12 months preceding renewal;

(b) name and license number of each Montana licensed or certified appraiser who performed an appraisal review of an appraisal report in the 12 months preceding renewal, as part of the company’s system or process pursuant to 37-54-511, MCA; and

(c) any appraisal review performed for USPAP compliance for each panel member as required by 37-54-511, MCA, and the corresponding appraisal report, including:

(i) address of property appraised;

(ii) date assigned and date completed; and

(iii) name and license number of appraiser who performed the appraisal review.

(3) Prior to commencing audits, the board shall annually, by motion, identify the information to be collected from each audited appraisal management company under (1) and (2). The board or board's representative may elect to request only a portion or percentage of the appraisal management company's records. The board is not required to collect and review all of the records that could be made available to the board pursuant to this rule, in order to discharge its auditing duties under 37-54-512, MCA.

(4) Discrepancies in the documentation will result in further audit.

(5) Each appraisal management company shall pay an audit fee in accordance with ARM 24.207.401(2)(k). Any audit costs above the fee in ARM 24.207.401(2)(k) will be billed directly to the appraisal management company.

History

Authorizing statute(s): 37-54-105, MCA
Implementing statute(s): 37-54-506, 37-54-512, 37-54-513, MCA
History: NEW, 2013 MAR p. 1201, Eff. 7/12/13; AMD, 2014 MAR p. 3064, Eff. 12/25/14.

Subchapter 24.207.21 Continuing Education

Mont. Admin. R. 24.207.2101 Continuing Education – Compliance and Auditing

(1) The board shall direct by motion a percentage of licensees to audit for compliance with continuing education requirements. Audited licensees shall provide copies of completion certificates to the board office as directed by the audit request.

(2) Failure to respond to the audit or to comply with continuing education requirements may result in the administrative suspension of the license and reporting to the appraiser national registry until the licensee cures the continuing education deficiency. Repeated failures by a licensee to respond to or comply with a continuing education audit may result in the filing of a complaint and referral for disciplinary action.

(3) If more than 10 percent of appraisers audited fail to meet continuing education requirements, the board shall conduct the next annual audit using a higher percentage of audited appraisers as set by board motion.

(4) Licensees shall retain completion certificates for a period of five years.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-54-105, 37-54-303, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-1-321, 37-54-105, 37-54-303, 37-54-310, MCA
History: NEW, 1991 MAR p. 1924, Eff. 10/18/91; AMD, 1994 MAR p. 1584, Eff. 6/10/94; AMD, 1997 MAR p. 308, Eff. 2/11/97; AMD, 1997 MAR p. 1360, Eff. 8/5/97; AMD, 1998 MAR p. 744, Eff. 3/27/98; AMD, 1999 MAR p. 2624, Eff. 11/19/99; AMD, 2000 MAR p. 3521, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1331; AMD, 2003 MAR p. 235, Eff. 1/31/03; AMD, 2006 MAR p. 765, Eff. 3/24/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 472, Eff. 4/13/07; AMD, 2008 MAR p. 2272, Eff. 10/24/08; AMD, 2011 MAR p. 577, Eff. 4/15/11; AMD, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2016 MAR p. 1853, Eff. 10/15/16; AMD, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.2102 Continuing Education Noncompliance

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-136, 37-1-319, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-1-136, MCA
History: NEW, 2003 MAR p. 110, Eff. 1/31/03; AMD, 2011 MAR p. 577, Eff. 4/15/11; AMD, 2012 MAR p. 2614, Eff. 12/21/12; AMD, 2014 MAR p. 3064, Eff. 12/25/14; REP, 2019 MAR p. 53, Eff. 1/12/19.

Subchapter 24.207.23 Unprofessional Conduct

Mont. Admin. R. 24.207.2301 Unprofessional Conduct for Appraisers

(1) In addition to the provisions of 37-1-316, MCA, the following are also considered unprofessional conduct:

(a) failing to comply with any law or rule governing the conduct of an appraiser;

(b) failing to provide information or documents requested by the board or its designee in relation to an audit, investigation, or complaint;

(d) failing to provide adequate supervision of a trainee by a mentor.

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-1-137, 37-1-141, 37-1-306, 37-1-307, 37-1-312, 37-1-316, 37-1-319, 37-54-105, MCA
History: NEW, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.2305 Unprofessional Conduct for Appraisal Management Companies

(1) In addition to the provisions of 37-1-316 and 37-54-519, MCA, the following are also considered unprofessional conduct for appraisal management companies:

(a) failing to comply with any law or rule governing the conduct of an appraisal management company;

(b) failing to provide information requested by the board or its designee in relation to an audit, investigation, or complaint;

(d) failing to provide to an appraiser a copy of a client's or end-user's policy restricting use of trainees or interoffice transfers.

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-54-105, MCA
Implementing statute(s): 37-1-131, 37-1-137, 37-1-307, 37-1-312, 37-1-316, 37-1-319, 37-54-105, 37-54-512, 37-54-514, MCA
History: NEW, 2014 MAR p. 3064, Eff. 12/25/14; AMD, 2016 MAR p. 217, Eff. 2/6/16; AMD, 2019 MAR p. 53, Eff. 1/12/19.

Mont. Admin. R. 24.207.2315 Administrative Suspension

(1) The board authorizes the department to:

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under the department's licensee lookup and license verification databank.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2023 MAR p. 1095, Eff. 9/23/23.

Chapter 24.209 Property Management Licensure

Subchapter 24.209.4 General Provisions

Mont. Admin. R. 24.209.401 Fee Schedule

(1) Original application $50

(2) Renewal 200

(3) Prelicensing course application 150

(4) All fees are nonrefundable.

(5) Examination fees are paid directly to the testing service.

History

Authorizing statute(s): 37-56-102, MCA
Implementing statute(s): 37-56-102, MCA
History: NEW, 2023 MAR p. 1870, Eff. 12/23/23; AMD, 2026 MAR, Notice No. 2026-134, Eff. 9/1/26.

Subchapter 24.209.5 Licensing

Mont. Admin. R. 24.209.501 Application Timeline

(1) Applicants must:

(a) complete a 30-hour approved property management prelicensing course within 24 months preceding application;

(b) pass the licensure examination; and

History

Authorizing statute(s): 37-56-102, MCA
Implementing statute(s): 37-56-102, 37-56-105, MCA
History: NEW, 2023 MAR p. 1870, Eff. 12/23/23.

Subchapter 24.209.6 Trust Accounts

Mont. Admin. R. 24.209.601 Trust Accounts

(1) Property managers who receive any deposits, rent payments, or other monies on behalf of other persons must deposit such funds in a trust account per 37-56-101, MCA, and maintain the account according to this rule.

(2) Trust accounts must be:

(a) liquid;

(b) readily accessible;

(d) identified as trust accounts; and

(e) reconciled each month having activity.

(3) Trust funds cannot be:

(a) maintained in sweep accounts; or

(b) invested in certificates of deposit, repurchase agreements, or any other method that places funds at risk.

(4) Property managers:

(a) may separately maintain multiple trust accounts;

(b) are responsible for all funds in and maintenance of their trust accounts;

(c) may delegate authority for trust account maintenance to another licensed property manager. Both property managers are responsible for failure to comply with trust account requirements; and

(d) must deposit monies belonging to others into a trust account within three business days, unless otherwise provided in the lease or rental agreement.

(5) Trust funds may be maintained in interest-bearing accounts with interest payable to the property manager or any other person. Interest payable to a property manager must be identified as consideration for services performed and are personal funds unless otherwise designated.

(6) Property managers may deposit and hold in a trust account up to $1000 of personal funds that include interest accrued to the property manager.

(a) Personal funds may be distributed for trust account bank charges, related trust account maintenance expenses, and when due and payable to the property manager.

(b) Money due the property manager must be withdrawn within ten business days once due and payable.

(7) When managing one's own real estate, property managers must deposit security deposits in a trust account. Rents and disbursements are managed as follows:

(a) Property managers owning 100 percent of the real estate are not required to place rents in a trust account but may do so.

(b) Property managers owning less than 100 percent of the real estate must place all rents in a trust account.

(d) Disbursements may not be considered personal indebtedness if used for the maintenance of the property itself.

(8) Property managers must maintain complete and chronological records of all trust account funds received and disbursed including personal funds per (6). Each record must include a running balance and clearly identify for all transactions:

(a) dates;

(b) parties, payees, and sources of funds; and

(9) When a property management agreement is terminated, a rental agreement is still in effect, and the property manager is holding tenant funds, the property manager must:

(a) notify the tenant, in writing and within five business days of termination that:

(i) the agreement is terminated; and

(ii) funds and current tenant files will be transferred to the property owner or designee within 30 days of the termination;

(b) provide the name and contact information of the person receiving the transfer; and

(10) Property managers must maintain the following documents for at least eight years from the property management agreement termination even if the property manager sells or ceases to operate the business:

(a) trust account records:

(b) complete files of properties managed; and

(11) Trust account records must be maintained to facilitate auditing.

History

Authorizing statute(s): 37-1-319, 37-56-102, MCA
Implementing statute(s): 37-1-319, 37-56-106, MCA
History: NEW, 2023 MAR p. 1870, Eff. 12/23/23.

Subchapter 24.209.22 Prelicensing and Continuing Education

Mont. Admin. R. 24.209.2201 Prelicensing Course Requirements

(1) Course approval is valid for three years and may be revoked for cause.

(2) To receive approval, courses must include the following topics:

(a) trust accounts;

(b) accounting procedures;

(d) federal and state fair housing laws;

(e) Americans with Disabilities Act;

(f) state licensing law and rules;

(g) contract law;

(h) leasing principles;

(i) agency; and

(j) definitions and terms commonly used in the industry.

(3) Additionally, online courses must have current Association of Real Estate License Law Officials (ARELLO) certification. Approval is invalidated if ARELLO certification is discontinued for any reason.

History

Authorizing statute(s): 37-56-102, MCA
Implementing statute(s): 37-56-102, 37-56-105, MCA
History: NEW, 2023 MAR p. 1870, Eff. 12/23/23.

Mont. Admin. R. 24.209.2205 Continuing Education

(1) Renewing licensees must complete a minimum of 12 hours of property management CE (continuing education) annually. Licensees must select quality programs that:

(a) contribute to professional knowledge and competence;

(b) contain significant intellectual or practical content; and

(2) New licensees are only required to complete four hours of property management trust account CE by their first renewal date. If no course occurs by the first renewal date, the licensee must complete the course when it is next offered.

(3) Licensees must maintain adequate CE documentation and make the documentation available upon request.

(4) Licensees found noncompliant with CE requirements may be subject to administrative suspension.

History

Authorizing statute(s): 37-56-102, MCA
Implementing statute(s): 37-1-420, 37-56-102, MCA
History: NEW, 2023 MAR p. 1870, Eff. 12/23/23.

Mont. Admin. R. 24.209.2206 Substantial Equivalency

(1) The department adopts and incorporates by reference the 2026 substantial equivalency list for the Property Management Program publication. The publication is available on the program’s website.

(2) The program intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-56-102, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2026-134, Eff. 9/1/26.

Subchapter 24.209.23 Unprofessional Conduct

Mont. Admin. R. 24.209.2301 Unprofessional Conduct

(1) In addition to the provisions of 37-1-410, MCA, it is unprofessional conduct for property managers to:

(a) violate a federal, state, or local law or rule relating to the conduct of the profession;

(b) engage the services of any person or entity on behalf of a principal, third-party, or other person, without:

(i) informing and obtaining consent from the person obligated to pay for the services; and

(ii) disclosing any family relationship, financial relationship, and/or financial interest that the licensee or the licensee's business may have in the person or entity being engaged;

(c) manage property owned by another person or entity without a written property management agreement in place, signed by the owner;

(d) accept, give, or charge an undisclosed commission, rebate, or profit on expenditures made for a principal;

(e) fail to adequately supervise employees;

(f) fail to cooperate with or respond to a department request;

(g) practice while one's license has expired or terminated. Receiving payments for the sale of the licensee's property management business without a valid license is not considered practicing as a property manager; and

(h) commit any act of sexual abuse, misconduct, or exploitation whether or not it is related to the licensee's practice.

History

Authorizing statute(s): 37-56-102, MCA
Implementing statute(s): 37-1-410, 37-56-102, MCA
History: NEW, 2023 MAR p. 1870, Eff. 12/23/23.

Chapter 24.210 Board of Realty Regulation

Subchapter 24.210.1 Organizational Rule

Mont. Admin. R. 24.210.101 Board Organization

(1) The Board of Realty Regulation adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.210.2 Procedural Rules

Mont. Admin. R. 24.210.201 Procedural Rules

(1) The Board of Realty Regulation adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.210.202 Public Participation

(1) The Board of Realty Regulation adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.210.3 Definitions

Mont. Admin. R. 24.210.301 Definitions

The terms used in this chapter have their common meanings used in the real estate industry, and unless context otherwise requires, the following meanings also apply:

(1) "Advertising" means information, in whatever form, used to promote real property for sale, lease, rent, exchange, or purchase, or to promote the brokerage or sales services of a licensee, but does not include the dissemination of property data to an individual prospective buyer or seller at the individual's request.

(2) "Agency" or "agency relationship" includes relationships described in 37-51-102 and 37-51-313, MCA, but not the common law of agency.

(3) "Agent" includes subagent.

(4) "Agricultural," "farm," and "ranch" means real estate parcels over 40 acres in size, principally used for, or capable and intended for use in, the production of plant or animal crops.

(5) "Buy" or "buyer" means purchase, purchaser, lease, lessee, and like terms.

(6) "Designated broker" is a broker designated by other brokers of a brokerage company with the authority to maintain a trust account, if any.

(7) "Distance education" is a course or courses in which the instruction occurs through media where the teacher and student are separated by distance and sometimes by time.

(8) "Entry-only listing" is a listing where the seller and the seller's agent have agreed to limit the seller agent's involvement in the transaction process.

(9) "Hour" of education is equal to 50 minutes of instructional time.

(10) "Maintenance service" means any entity hired to perform repairs or maintenance on the property.

(11) "Principal" includes the seller or buyer with whom an agent has a contract in a real estate transaction and a property owner with whom an agent has a contract in property management activity.

(12) "Seller" includes vendor, lessor, and like terms.

(13) "Supervision" means substantially day-to-day, active overseeing.

(14) "Third-party" means any person who is not the principal or agent.

(15) "Transaction" means a listing, sale, lease, or exchange.

(16) "Trust funds" are all monies belonging to others and accepted by a licensee, while acting in the capacity of a licensee.

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-51-103, 37-51-204, 37-51-301, 37-51-302, 37-51-303, 37-51-306, 37-51-309, 37-51-313, 37-51-314, 37-51-315, 37-51-321, 37-51-324, 37-51-401, MCA
History: NEW, 1990 MAR p. 1156, Eff. 6/15/90; AMD, 1999 MAR p. 405, Eff. 3/12/99; AMD, 2001 MAR p. 951, Eff. 5/11/01; AMD, 2002 MAR p. 2905, Eff. 10/18/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2008 MAR p. 2558, Eff. 12/12/08; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2018 MAR p. 1163, Eff. 6/23/18; AMD, 2021 MAR p. 556, Eff. 5/15/21; AMD, 2024 MAR p. 2153, Eff. 9/7/24; AMD, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Subchapter 24.210.4 General Provisions

Mont. Admin. R. 24.210.401 Fee Schedule

(1) The following fees are required for each of the licensing services listed.

(2) All fees are nonrefundable.

(3) Examination fees are payable to the testing service under contract with the board.

(4) Original broker license $90

(5) Active renewal for broker license 90

(6) Inactive renewal for broker license 45

(7) Original salesperson license 80

(8) Active renewal for salesperson license 80

(9) Inactive renewal for salesperson license 40

(10) Change of salesperson supervising broker:

(a) submitted by mail 40

(b) submitted online no fee

(11) Transfer of salesperson supervision to temporary supervising broker 45

(12) Late fee for transfer of salesperson supervision to temporary supervising broker 90

(13) Reinstatement of a license suspended or revoked within a license period 50

(14) Activating a salesperson license on inactive status 40

(15) Activating a broker license on inactive status 45

(16) Prelicensing course application for approval and renewal 150

(17) Individual application for CE course credit (per course) 45

History

Authorizing statute(s): 37-1-131, 37-1-134, 37-51-203, 37-51-207, MCA
Implementing statute(s): 37-1-131, 37-1-134, 37-1-141, 37-51-202, 37-51-204, 37-51-207, 37-51-301, 37-51-302, 37-51-303, 37-51-309, 37-51-311, MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, Eff. 12/4/76; AMD, 1977 MAR p. 110, Eff. 9/23/77; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 592, Eff. 3/26/82; AMD, 1985 MAR p. 1754, Eff. 11/15/85; AMD, 1987 MAR p. 2089, Eff. 11/13/87; AMD, 1987 MAR p. 2236, Eff. 12/11/87; AMD, 1989 MAR p. 754, Eff. 6/16/89; AMD, 1990 MAR p. 1156, Eff. 6/15/90; AMD, 1994 MAR p. 3186, Eff. 12/23/94; AMD, 1997 MAR p. 1819, Eff. 10/7/97; AMD, 1998 MAR p. 2861, Eff. 10/23/98; AMD, 1999 MAR p. 405, Eff. 3/12/99; AMD, 2000 MAR p. 3166, Eff. 11/10/00; AMD, 2002 MAR p. 2905, Eff. 10/18/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2007 MAR p. 1815, Eff. 11/9/07; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2013 MAR p. 1533, Eff. 8/23/13; AMD, 2018 MAR p. 1163, Eff. 6/23/18; AMD, 2019 MAR p. 1056, Eff. 7/27/19; AMD, 2021 MAR p. 619, Eff. 5/29/21; AMD, 2021 MAR p. 1778, Eff. 12/11/21; AMD, 2022 MAR p. 238, Eff. 2/12/22.

Mont. Admin. R. 24.210.403 Fee Abatement

(1) The Board of Realty Regulation adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2024 MAR p. 2153, Eff. 9/7/24.

Mont. Admin. R. 24.210.405 Application of Rules--Subchapter Distinction

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-51-203, 37-53-104, MCA
Implementing statute(s): 37-51-203, 37-53-104, MCA
History: NEW, 1988 MAR p. 877, Eff. 5/13/88; TRANS, from Commerce, 2005 MAR p. 2455; REP, 2007 MAR p. 1329, Eff. 9/7/07.

Mont. Admin. R. 24.210.406 Severability (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-51-202, 37-51-203, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 1156, Eff. 6/15/90; TRANS, from Commerce, 2005 MAR p. 2455; REP, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.410 Purpose of Board (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-51-202, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 661, Eff. 4/25/86; AMD, 1990 MAR p. 1156, Eff. 6/15/90; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; REP, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.411 Board Meetings (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-307, 37-51-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof.& Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; REP, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.412 Public Records (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-51-203, MCA
Implementing statute(s): 37-51-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof.& Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07.

Mont. Admin. R. 24.210.414 Record Retention

(1) Licensees must maintain trust account records and real estate related documents for eight years from the date of receipt or the date the transaction was completed, whichever is the latest, including sales contracts, offers, leases and options, agency agreements, and closing statements.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-131, MCA
History: NEW, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.416 Applications for Examination and License in General -- Broker and Salesperson (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-51-202, 37-51-302, 37-51-303, MCA
History: Eff. 12/31/72; AMD, Eff. 12/4/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1981 MAR p. 1613, Eff. 11/26/81; AMD, 1990 MAR p. 1156, Eff. 6/15/90; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2019 MAR p. 1056, Eff. 7/27/19; REP, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.417 Military Training or Experience (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 2469, Eff. 10/10/14; REP, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.418 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2017 MAR p. 1145, Eff. 7/22/17; AMD, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.210.420 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with the following modification:

(a) Nonviolent misdemeanor convictions for driving under the influence (DUI) in (5)(a) are routine if the conviction date is more than one year before the application date, unless the applicant is still in custody due to the conviction.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21; AMD, 2026 MAR, Notice No. 2025-349, Eff. 2/21/26.

Mont. Admin. R. 24.210.426 Trust Account Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-319, 37-51-313, 37-51-321, 37-51-324, MCA
History: Eff. 12/31/72; AMD, Eff. 4/4/74; AMD, Eff. 7/5/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1981 MAR p. 1613, Eff. 11/26/81; AMD, 1982 MAR p. 1199, Eff. 6/18/82; AMD, 1990 MAR p. 1156, Eff. 6/15/90; AMD, 1993 MAR p. 1909, Eff. 8/13/93; AMD, 1995 MAR p. 2397, Eff. 11/10/95; AMD, 1999 MAR p. 405, Eff. 3/12/99; AMD, 2002 MAR p. 2905, Eff. 10/18/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2013 MAR p. 1621, Eff. 9/6/13; AMD, 2018 MAR p. 1163, Eff. 6/23/18; AMD, 2021 MAR p. 1778, Eff. 12/11/21; REP, 2026 MAR, Notice No. 2025-349, Eff. 2/21/26.

Mont. Admin. R. 24.210.427 Trust Accounts

(1) Brokers who receive any monies on behalf of other persons must deposit the funds in a trust account per 37-1-319, MCA, and maintain the account according to this rule. If funds are delivered to a third party, the broker must obtain and retain documentation of receipt by the third party.

(2) Trust accounts must be:

(a) liquid;

(b) readily accessible;

(d) identified as trust accounts; and

(e) reconciled each month having activity.

(3) Trust funds cannot be:

(a) maintained in sweep accounts; or

(b) invested in certificates of deposit, repurchase agreements, or any other method that places funds at risk.

(4) Brokers:

(a) may separately maintain multiple trust accounts;

(b) are responsible for all funds in and maintenance of their trust accounts;

(c) may delegate authority for trust account maintenance to another licensed broker. Both brokers are responsible for failure to comply with trust account requirements; and

(d) must deposit monies belonging to others into a trust account within three business days, unless otherwise agreed to by the parties.

(5) Trust funds may be maintained in interest-bearing accounts with interest payable to the broker or any other person. Interest payable to a broker must be identified as consideration for services performed and are personal funds unless otherwise designated.

(6) Brokers may deposit and hold in a trust account up to $1,000 of personal funds that include interest accrued to the broker.

(a) Personal funds may be distributed for trust account bank charges, related trust account maintenance expenses, and when due and payable to the broker.

(b) Money due the broker must be withdrawn within ten business days once due and payable.

(7) Brokers must maintain complete and chronological records of all trust account funds received and disbursed including personal funds. Each record must include a running balance and clearly identify for all transactions:

(a) dates;

(b) parties, payees, and sources of funds; and

(8) Trust account records must be maintained to facilitate auditing.

(9) Trust funds must be retained in the trust account until the transaction is closed or terminated; however, trust funds may be disbursed to the closing agent in anticipation of closing upon written agreement of the buyers and sellers.

(10) At a client's instruction, trust funds otherwise due and payable from a trust account may be retained in the trust account although there is no purchase, lease, or rental agreement in existence, or when the transaction has been terminated.

(11) A broker is not entitled to any earnest money or other monies paid in connection with a real estate transaction as part or all of the commission or fee until the transaction has been closed or terminated. Division of forfeited earnest money between broker and seller must be pursuant to a written agreement.

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-319, MCA
History: NEW, 2026 MAR, Notice No. 2025-349, Eff. 2/21/26.

Mont. Admin. R. 24.210.428 Advertising

(1) Any form of advertising by a licensee, either directly or indirectly, must include:

(a) a truthful, accurate, and detailed description of the real property or service advertised;

(b) the licensee's name; and

(c) a statement that the advertisement is made by the licensee or a brokerage company. In an internet advertisement, a link to this information may be used.

(2) In internet advertising, licensee identification:

(a) must be visible in a multimedia advertising message (web-based, executable e-mail, attachments, etc.);

(b) must be shown in banner ads or a link provided to a web page with licensee identification; and

(c) is not necessary in instant or audible messaging if provided via another format prior to providing or offering to provide licensable services.

(3) Internet advertising may include real properties where neither the licensee nor the brokerage company is the listing agent, if the listing agent and the property owners have consented.

(a) The offer of cooperation and consent to internet advertising may arise pursuant to the rules and regulations of a multiple listing service in which the listing agent and the licensee are both participating (provided the multiple listing system allows listing agents to prohibit internet advertising of some or all of their listings by some or all of the participants on that multiple listing system) or by specific written agreement between them.

(b) The owner's consent may be included in the listing agreement and need not identify the specific licensee to whom consent to Internet advertising is given.

(c) Licensees' internet advertising must advise that the property is listed with another licensee or brokerage company and identify the listing agent or brokerage company.

(d) The content of any property data obtained from another listing agent or multiple listing system may not be changed in whole or in part. Such property data may be formatted differently, be condensed, and further advertised if the advertisement contains the following or similar language: "The foregoing material was abstracted from another source and does not contain all of the information available at the source site. Please request further information when considering this property."

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-51-102, 37-51-103, 37-51-301, 37-51-321, MCA
History: NEW, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.430 Internet Advertising Rules (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-51-102, 37-51-103, 37-51-301, 37-51-321, MCA
History: NEW, 2001 MAR p. 785, Eff. 5/11/01; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2013 MAR p. 1621, Eff. 9/6/13; REP, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.435 Investigations Committee

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-51-202, 37-51-322, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof.& Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 1156, Eff. 6/15/90; TRANS, from Commerce, 2005 MAR p. 2455; REP, 2007 MAR p. 1329, Eff. 9/7/07.

Mont. Admin. R. 24.210.438 Liability Insurance Deductible

(1) Per 37-51-325, MCA, a firm may provide professional liability insurance coverage to an affiliated real estate broker or salesperson under a policy with a maximum deductible between $10,000 and $100,000 per claim only upon board approval.

(2) To obtain approval, a real estate firm must submit a letter from a qualified accountant stating that the firm is financially able to pay the difference between the deductible in the firm’s professional liability policy and $10,000. A qualified accountant is an actively licensed accountant in good standing with their regulatory authority.

History

Authorizing statute(s): 37-51-325, MCA
Implementing statute(s): 37-51-325, MCA
History: NEW, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.440 Administrative Suspension

(1) The board authorizes the department to:

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department's licensee lookup and license verification databank.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2024 MAR p. 2153, Eff. 9/7/24.

Subchapter 24.210.6 Brokers and Salespersons

Mont. Admin. R. 24.210.601 General License Administration Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-51-202, 37-51-301, 37-51-309, 37-51-313, MCA
History: NEW, 1990 MAR p. 1156, Eff. 6/15/90; AMD, 1995 MAR p. 2397, Eff. 11/10/95; AMD, 1999 MAR p. 405, Eff. 3/12/99; AMD, 2002 MAR p. 2905, Eff. 10/18/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2013 MAR p. 1621, Eff. 9/6/13; AMD, 2018 MAR p. 1163, Eff. 6/23/18; AMD, 2022 MAR p. 238, Eff. 2/12/22; REP, 2026 MAR, Notice No. 2025-349, Eff. 2/21/26.

Mont. Admin. R. 24.210.602 Examinations

(1) Applicants must complete a board-approved national examination and a Montana-based examination for licensure.

(2) The state-based examination is created, updated, and administered by an examination provider contracted by the board.

(3) Applicants taking an examination must abide by rules established by the examination provider.

(4) Salesperson licensure examinations will test applicants on subjects outlined in ARM 24.210.660(10).

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-51-302, 37-51-303, MCA
History: Eff. 12/31/72; AMD, Eff. 11/4/74; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 1156, Eff. 6/15/90; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 46, Eff. 1/12/07; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.603 Application for Examination -- Salesperson and Broker

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-51-202, 37-51-302, 37-51-303, MCA
History: NEW, 1990 MAR p. 1156, Eff. 6/15/90; TRANS, from Commerce, 2005 MAR p. 2455; REP, 2007 MAR p. 1329, Eff. 9/7/07.

Mont. Admin. R. 24.210.604 Supervising Broker Endorsement

(1) A supervising broker endorsement will be issued to any broker completing the supervising broker pre-endorsement course. The course will be part of the overall continuing education requirement.

(2) An out-of-state broker shall complete the supervising broker pre-endorsement course before being issued the supervising broker endorsement.

(3) To maintain the supervising broker endorsement, a broker shall complete four hours each licensure year of board-approved education in the area of supervising broker continuing education as designated by the board. This education will be part of the overall continuing education requirement.

(4) Only brokers with a current supervising broker endorsement or who are attempting to reinstate an expired endorsement may get credit for completing supervising broker continuing education.

(5) A supervising broker who obtains the endorsement by grandfathering may complete the supervising broker pre-endorsement education course and receive continuing education credit one time.

(6) Failure to complete the four-hour supervising broker continuing education requirement shall result in the lapsing, expiration, or termination of the supervising broker endorsement pursuant to 37-1-141, MCA.

(7) A lapsed or expired supervising broker endorsement may be renewed pursuant to 37-1-141, MCA.

(8) A supervising broker endorsement cannot be placed on inactive status. In order to maintain the endorsement, the supervising broker must complete the supervising broker continuing education annually. Failure to complete the supervising broker continuing education will result in the endorsement lapsing, expiring, and terminating.

(9) A supervising broker endorsement that has terminated cannot be reinstated. A broker will be required to meet the current requirements to obtain the supervising broker endorsement again.

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-319, 37-51-202, 37-51-204, 37-51-302, 37-51-303, MCA
History: NEW, 2008 MAR p. 2558, Eff. 12/12/08; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2022 MAR p. 238, Eff. 2/12/22.

Mont. Admin. R. 24.210.605 Reasonable Supervision

(1) Supervising brokers shall provide reasonable supervision for licensed salespersons with two or more years of experience that shall include, but not be limited to, compliance with the following:

(a) maintaining a written office policy describing the duties and responsibilities of licensees affiliated with the broker. A copy of the written policy shall:

(i) be given to, read, and signed by each licensee; and

(ii) be available for inspection, upon request, by any authorized representative of the board;

(b) auditing all transaction files to ensure compliance with all applicable laws and regulations;

(d) communicating directly in person or by electronic communication on a regular basis;

(e) providing regular training on applicable real estate law, contracts, and current business practices; and

(f) reviewing all advertising, in any media, of any service for which a license is required.

(2) Nothing in this rule shall prevent a supervising broker from engaging others to assist in providing the supervision outlined in (1). The supervising broker takes full responsibility for any additional brokers, salespersons, or unlicensed assistants employed by the broker to assist or audit a licensee's business.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-319, 37-51-302, MCA
History: NEW, 2021 MAR p. 1778, Eff. 12/11/21.

Mont. Admin. R. 24.210.606 High Level of Supervision

(1) In addition to the requirements of ARM 24.210.605, a supervising broker shall provide a high level of supervision for licensed salespersons with less than two years of experience or have less than ten transaction sides in a calendar year as follows:

(a) provide specific training in office policies and procedures;

(b) review and provide assistance in preparing contracts;

(d) review documents in preparation for closing.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-319, 37-51-302, MCA
History: NEW, 2021 MAR p. 1778, Eff. 12/11/21.

Mont. Admin. R. 24.210.607 Salesperson Supervision

(1) Salesperson supervision may be terminated by the supervising broker or salesperson. Upon termination of a supervision:

(a) a salesperson must:

(i) notify the board of a new supervising broker relationship or change to inactive license status within ten days of the board receiving notice of the termination; or

(ii) within ten days of being notified by the board the supervising broker has no active broker license or endorsement, transfer to another supervising broker or change to inactive license status;

(b) a supervising broker must within five calendar days of the termination:

(i) notify all principals in the salesperson’s listings or transactions that the supervision has terminated, and the listings and pending transactions are now the supervising broker’s responsibility;

(ii) if requested, provide the former supervised salesperson with a statement documenting all real estate transactions involving the salesperson while supervised by the supervising broker, within the three years preceding the request; and

(iii) inform the broker's supervised salespeople when the supervising broker no longer has an active broker license or endorsement.

(2) A supervising broker may temporarily transfer supervision of one or more salespersons to other supervising brokers by providing notice of the temporary transfer to the salesperson.

(a) The notice must include:

(i) name of the transferred salesperson(s);

(ii) effective and termination dates of the transfer; and

(iii) acceptance of supervision responsibility by the temporary supervising broker.

(b) The supervising broker must provide a copy of the transfer notice to the board within three business days after the beginning of the temporary transfer or a late fee will be assessed.

(c) A salesperson not wishing to be temporarily supervised must transfer supervision to a new supervising broker or change to inactive license status.

(d) Temporary transfer of a salesperson may not exceed 60 days in any 12-month period unless extended by the board for good cause.

(e) Supervising brokers may end a temporary transfer prior to the termination date by providing notice to the temporary supervising broker and the board.

(f) A temporary supervising broker must supervise for the agreed length of time and may not transfer supervision to anyone except the original supervising broker.

(g) A salesperson must inform the board within ten days of the death or involuntary, unanticipated incapacity of a supervising broker or temporary supervising broker. Supervision of the salesperson may be transferred to a new supervising broker or another temporary supervising broker.

(3) A listing agreement negotiated by a salesperson is not valid until it is reviewed, signed, and dated by the supervising broker.

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-51-202, 37-51-301, 37-51-309, 37-51-313, MCA
History: NEW, 2026 MAR, Notice No. 2025-349, Eff. 2/21/26.

Mont. Admin. R. 24.210.610 Predetermination for Licensing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-135, 37-1-137, 37-1-203, 37-1-307, 37-1-319, 37-51-202, 37-51-302, MCA
History: NEW, 1990 MAR p. 1156, Eff. 6/15/90; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2012 MAR p. 1776, Eff. 9/7/12; REP, 2022 MAR p. 238, Eff. 2/12/22.

Mont. Admin. R. 24.210.611 Application for License -- Salesperson and Broker

(1) Applicants for license must make application on forms approved by the board and accompanied by the required fee.

(2) No application for license will be accepted by the board until the individual has made application for and successfully completed the examination.

(3) All individuals successfully completing the examination must apply for licensure within 12 months from the date of examination. Failure to make application within that time shall invalidate the examination results.

(4) If an applicant currently holds, or has ever held a real estate license in another jurisdiction, a license verification from that licensing jurisdiction is required before a Montana license will be issued.

(5) All experience, including transactions, must be presented on board forms.

(6) A waiver applicant must hold a current active license in good standing.

(7) All waiver applicants will be required to pass the state examination.

(8) In addition to (1) through (7), all applicants for licensure as a salesperson must:

(a) submit proof of completing 70 hours of approved prelicensing education obtained within a period of 24 months immediately preceding the date of the submission of the application; and

(b) submit the proposed supervising broker's certification of the applicant's good repute and the broker's written acceptance of responsibility for supervising the licensed activities of the salesperson.

(9) In addition to (1) through (7), all applicants for licensure as a broker must:

(a) submit proof of completing 60 hours of approved prelicensing education obtained within a period of 18 months immediately preceding the date of the submission of the application; and

(b) submit for the purpose of determining if a broker applicant has been "actively engaged as a licensed real estate salesperson," evidence acceptable to the board that the salesperson has obtained a total of 30 points in any combination of point types within the past 36 months prior to the date of application. Point types and values are as follows:

(i) transaction points:

(A) one point for each closed residential real estate transaction, no more than five leases;

(B) three points for each closed farm, ranch, agricultural, or commercial transaction, no more than five leases; or

(ii) education points:

(A) three points for an associate's degree in real estate;

(B) three points for Certified Commercial Investment Member (CCIM) or Council of Real Estate Broker Managers (CRB);

(D) five points for a juris doctorate; or

(E) five points for a bachelor's degree or higher in real estate.

(iii) supervision points are obtained through supervision of real estate activity for any broker who has supervised real estate activity a minimum of 36 months:

(A) one point for each year of real estate brokerage supervisory experience, maximum of three points;

(B) one point for each licensed real estate full-time equivalent (FTE) supervised within the last 36 months, maximum of ten points; or

(iv) educator points are obtained by being an approved real estate educator in a jurisdiction;

(A) one point for each instructor day (minimum of six hours) within the past 36 months, maximum of ten points.

(c) The experience required by (9)(b) must be legally obtained while licensed as a real estate licensee in this state, or licensed in another jurisdiction.

(d) Closed real estate transactions of property owned by the applicant, by a corporation, partnership, trust, or other entity in which the applicant has an interest or by such an entity which employed the applicant as an employee, shall not qualify as experience under (9)(b), or under 37-51-302, MCA.

(e) Transactions in which the applicant only participated as a mortgage broker shall not qualify as experience under (9)(b) or under 37-51-302, MCA.

(f) In order for a listing to be considered a closed real estate transaction, the listing must have sold.

(g) In order to claim credit for a transaction, the applicant must have taken an active role in the transaction as determined by the board, except that a supervising broker may claim supervision points as provided in (9) above.

(h) No more than one credit total per side per transaction may be claimed by a team or its members.

(10) The board will review all nonroutine applications.

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-51-202, 37-51-302, 37-51-303, MCA
History: NEW, 1990 MAR p. 1156, Eff. 6/15/90; AMD, 1992 MAR p. 2274, Eff. 10/16/92; AMD, 1993 MAR p. 1909, Eff. 8/13/93; AMD, 1995 MAR p. 2397, Eff. 11/10/95; AMD, 1999 MAR p. 405, Eff. 3/12/99; AMD, 2002 MAR p. 2905, Eff. 10/18/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2008 MAR p. 2558, Eff. 12/12/08; AMD, 2010 MAR p. 532, Eff. 2/26/10; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2022 MAR p. 238, Eff. 2/12/22.

Mont. Admin. R. 24.210.612 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the board’s publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2025-349, Eff. 2/21/26.

Mont. Admin. R. 24.210.615 Application for Determination of Equivalent Experience for Broker Licensing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-51-202, 37-51-302, MCA
History: NEW, 1990 MAR p. 1156, Eff. 6/15/90; AMD, 1993 MAR p. 1909, Eff. 8/13/93; AMD, 1994 MAR p. 1585, Eff. 6/10/94; AMD, 1995 MAR p. 2397, Eff. 11/10/95; AMD, 1999 MAR p. 405, Eff. 3/12/99; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; REP, 2017 MAR p. 1145, Eff. 7/22/17.

Mont. Admin. R. 24.210.616 Waiver of Experience Requirement for Broker Licensing Prohibited

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-51-202, 37-51-302, 37-51-306, MCA
History: NEW, 1990 MAR p. 1156, Eff. 6/15/90; TRANS, from Commerce, 2005 MAR p. 2455; REP, 2019 MAR p. 1056, Eff. 7/27/19.

Mont. Admin. R. 24.210.621 Nonresident License -- Salesperson and Broker

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-51-202, 37-51-302, 37-51-306, MCA
History: NEW, 1990 MAR p. 1156, Eff. 6/15/90; TRANS, from Commerce, 2005 MAR p. 2455; REP, 2007 MAR p. 1329, Eff. 9/7/07.

Mont. Admin. R. 24.210.624 Inactive Licenses

(1) Licensed brokers and salespersons not engaged in licensed activities may place their licenses on inactive status by paying the required fee in ARM 24.210.401.

(2) While inactive, licensees must inform the board of any change in the licensee's residency or mailing address.

(3) To avoid lapse, expiration, or termination, an inactive license must be renewed each renewal period.

(4) Licensees do not need to obtain continuing education until converting to active status.

(5) An inactive licensee may not receive compensation for real estate activity except for:

(a) compensation earned while the license was active; or

(b) payments made to an inactive licensee as the seller of a real estate brokerage business.

(6) For an inactive real estate licensee to become active, the licensee must:

(a) request to move to an active status via a board-approved form;

(b) submit proof of current professional liability and errors and omissions insurance;

(c) demonstrate completed continuing education that would have been required if on active status not to exceed 24 credits; and

(d) pay the required fee in accordance with ARM 24.210.401.

History

Authorizing statute(s): 37-1-319, 37-51-203, MCA
Implementing statute(s): 37-1-319, 37-51-202, MCA
History: Eff. 12/31/72; AMD, Eff. 7/5/75; AMD, 1978 MAR p. 203, Eff. 2/4/78; AMD, 1979 MAR p. 200, Eff. 3/1/79; AMD, 1979 MAR p. 1548, Eff. 12/14/79; AMD, 1980 MAR p. 1280, Eff. 4/25/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 2091, Eff. 11/25/82; AMD, 1989 MAR p. 1339, Eff. 9/15/89; AMD, 1990 MAR p. 1156, Eff. 6/15/90; AMD, 1995 MAR p. 2397, Eff. 11/10/95; AMD, 1999 MAR p. 405, Eff. 3/12/99; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2018 MAR p. 1163, Eff. 6/23/18; AMD, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.625 Inactive to Active License Status (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-51-203, MCA
Implementing statute(s): 37-1-306, 37-1-319, 37-51-202, 37-51-204, 37-51-311, MCA
History: Eff. 12/31/72; AMD, Eff. 7/5/75; AMD, 1978 MAR p. 203, Eff. 2/24/78; AMD, 1979 MAR p. 200, Eff. 3/1/79; AMD, 1979 MAR p. 1548, Eff. 12/14/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1989 MAR p. 1339, Eff. 9/15/89; AMD, 1998 MAR p. 1496, Eff. 6/12/98; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2015 MAR p. 933, Eff. 7/17/15; AMD, 2018 MAR p. 1163, Eff. 6/23/18; REP, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.629 Reciprocity (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-304, 37-51-202, 37-51-302, 37-51-306, MCA
History: NEW, 1990 MAR p. 1156, Eff. 6/15/90; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; REP, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.635 Renewals (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-51-202, MCA
History: NEW, 1997 MAR p. 1819, Eff. 10/7/97; AMD, 2000 MAR p. 2013, Eff. 7/28/00; AMD, 2000 MAR p. 3166, Eff. 11/10/00; AMD, 2001 MAR p. 2291, Eff. 11/22/01; AMD, 2002 MAR p. 2905, Eff. 10/18/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2009 MAR p. 2373, Eff. 12/11/09; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2018 MAR p. 1163, Eff. 6/23/18; REP, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.641 Unprofessional Conduct

(1) In addition to all other statutes and rules administered by the board, the following are considered unprofessional conduct:

(a) acting as an agent for a party or parties in a real estate transaction where that agency representation conflicts with the obligations owed by the licensee to another party. This does not prohibit dual agency as permitted in 37-51-313, MCA.

(b) engaging in activities that constitute the practice of law;

(c) failing to advise their principal and any other party to the transaction with whom the licensee is directly working, that outside professional services should be secured when appropriate;

(d) engaging the services of any attorney, title company, appraiser, escrow agent, insurance agent, maintenance service, or other like person or entity, on behalf of a principal, third-party, or other person, without informing and obtaining consent from the person obligated to pay for the services;

(e) engaging or recommending the services of an attorney, title company, appraiser, escrow agent, maintenance service, or other like person or entity, on behalf of a principal, third-party, or other person, without disclosing any family relationship, financial relationship, and/or financial interest that the licensee or real estate agency with which the licensee is associated may have in that person or entity being engaged or recommended;

(f) failing, when entering into a listing agreement, to promptly verify that the principal listing the property is the owner or is authorized by the owner to list the property. The licensee may, but is not required to, conduct a title search or obtain a title report at the initial listing;

(g) failing to disclose the fact that the individual is a licensee when the licensee first seeks information from the owner, the owner's agent, or tenant about any property, whether for the licensee's own account or as agent for another;

(h) falsifying documents, placing any party's signature on a document, or altering or amending a document on behalf of any party without authority of a written power of attorney from the party;

(i) advising that an offer or counter offer has been accepted without the licensee having in the licensee's possession a document signed by the party evidencing the party's acceptance;

(j) committing any act of forgery, fraud, misrepresentation, deception, misappropriation, conversion, theft, or any other like act;

(k) knowingly entering, or willfully continuing in any transaction, either as a principal or agent, wherein a purpose or objective of the licensee or the licensee's principal is to commit any of the following acts:

(i) using or conspiring with others to obtain inflated property appraisals;

(ii) influencing others to purchase property for another person in order to circumvent credit and down payment requirements or other limitations imposed by lenders, the Department of Housing and Urban Development (HUD), or the Veterans Administration (VA);

(iii) filing an application to refinance a loan for the purpose of drawing out the equity, when prohibited by lenders, HUD or VA regulations; or

(iv) acquiring as an investor, or personally, properties subject to a loan guaranteed or insured by HUD, collect rents thereon, while purposely failing to make mortgage payments on the property;

(l) failing to document in writing and obtain signatures by the parties to all agreements. Licensees shall document in writing, and have signed by the parties, any changes to the terms and provisions of the agreement which occur between the time a buy/sell is executed and the closing of a transaction;

(m) failing, as a seller's agent, to participate in negotiations as defined in 37-51-102, MCA, unless the seller has waived this obligation in writing;

(n) failing, as a seller's agent, to submit to the seller all offers and counter offers received by the licensee until such time as a pending transaction has been closed or the listing agreement terminates unless the seller waives these obligations in writing. Seller agents are not obligated to continue to actively market the property after an offer has been accepted by the seller unless directed in writing to do so by the seller;

(o) failing, as a buyer agent, to participate in negotiations as defined in 37-51-102, MCA, unless the buyer has waived these obligations in writing;

(p) failing, as a buyer agent, to submit to the buyer all offers and counter offers until an offer has been accepted or the buyer broker agreement terminates, unless the buyer waives these obligations in writing. Buyer agents are not obligated to show properties to their buyer after an offer has been accepted unless directed in writing to do so by the buyer;

(q) representing to any lender, guaranteeing agency, or other interested party, either orally or through the preparation of false documents, an amount other than the true and actual sale price of the real estate or terms differing from those actually agreed upon;

(r) when acting as a listing agent, disclosing the name of a person making an offer or the amount or terms of an offer to other persons interested in making offers. This shall not prohibit the listing agent from disclosing that an offer has been made;

(s) when acting as a buyer agent, disclosing to a client who is a principal to a real estate transaction, the name of a competing client who is also making an offer on the same property or disclosing the amount, terms or provisions of the competing client's offer;

(t) violating the residential tenants' security deposits laws of Title 70, chapter 25, MCA;

(u) violating the landlord and tenant residential and commercial laws of Title 70, chapter 26, MCA;

(v) violating the Montana Residential Mobile Home Lot Rental Act of Title 70, chapter 33, MCA;

(w) violating as a seller's agent, the radon disclosure requirements of Title 75, chapter 3, MCA;

(x) violating the Residential Lead-Based Paint Disclosure Program of Title X, section 1018 of the United States Code;

(y) violating the landlord tenant laws of Title 70, chapter 24, MCA;

(z) violating the state and federal fair housing statutes;

(aa) violating the Americans with Disabilities Act;

(bb) soliciting, selling, or offering for sale real property by conducting lotteries, raffles, or contests for the purpose of influencing a purchaser or prospective purchaser of real property. Door prizes can be awarded so long as the participant is not required to pay any consideration or enter into any contract arrangement in order to participate in the door prize drawing;

(cc) paying a commission in connection to a real estate sale or transaction to a person who is not licensed as a real estate broker or real estate salesperson under this chapter; however, payment to any principals, reducing the commission owed by any principals, or payments made to the seller of a real estate brokerage business even if the seller is no longer a licensee is not considered payment of a commission to an unlicensed person;

(dd) failing to disclose in advertising the licensee's name and identifying that the advertisement is made by a real estate licensee or that the advertising is made by a brokerage company;

(ee) failing to comply with Internet advertising subject to the provisions of ARM 24.210.430;

(ff) failing to disclose their identity as a real estate licensee at first contact;

(gg) failing to comply with all completion and reporting requirements for continuing education as established by the board;

(hh) failing to respond to a request from the board;

(ii) engaging in or conducting business as a real estate licensee, or advertising as a real estate licensee, or conducting the business of a real estate licensee at a time when the licensee's real estate license has expired or is on inactive status;

(jj) acting as a buyer agent without a written buyer broker agreement;

(kk) acting as a seller agent without a written listing agreement;

(ll) acting as a dual agent in a transaction if the licensee is a principal;

(mm) acting as a dual agent in a transaction without a written agreement from each principal;

(nn) acting as a seller agent in a transaction if the licensee is the buyer in the same transaction;

(oo) acting as a buyer agent in a transaction if the licensee is the seller in the same transaction;

(pp) submitting a competing offer as a principal in a transaction with the licensee's client;

(qq) failing to account for or misappropriation of funds being held in trust;

(rr) failing to document any agreement allowing an agent's principal to negotiate directly with an opposing agent;

(ss) failing as a listing agent on an entry-only listing to comply with all other statute and rule requirements of a real estate licensee;

(tt) as a supervising broker, failing to immediately inform the broker's supervised salespersons that the supervising broker's license or endorsement has expired; or

(uu) failing as a supervising broker to adequately supervise his or her salespeople. A supervising broker endorsement may be limited or revoked as a consequence of violating this subsection.

(2) The revocation, suspension, or other disciplinary treatment of any other professional or occupational license or privilege, held by the licensee in this state or another jurisdiction, may be grounds for license discipline in this state if the board determines that the substantive grounds for the previous disciplinary treatment relates to the public health, safety, and welfare as it applies to real estate activity.

(3) Real estate licensees are responsible for the actions of their employees who aid or assist the real estate licensee in the performance of real estate functions. At no time may an unlicensed employee perform an activity for which a license is required.

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-136, 37-1-137, 37-1-307, 37-1-312, 37-1-316, 37-1-319, 37-51-306, 37-51-309, 37-51-313, 37-51-314, 37-51-321, 37-51-324, MCA
History: Eff. 12/31/72; NEW, 1978 MAR p. 203, Eff. 2/24/78; AMD, 1979 MAR p. 1548, Eff. 12/14/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 105, Eff. 1/31/86; AMD, 1987 MAR p. 588, Eff. 5/15/87; AMD, 1990 MAR p. 1156, Eff. 6/15/90; AMD, 1993 MAR p. 1909, Eff. 8/13/93; AMD, 1994 MAR p. 297, Eff. 2/11/94; AMD, 1994 MAR p. 667, Eff. 4/1/94; AMD, 1994 MAR p. 1585, Eff. 6/10/94; AMD, 1995 MAR p. 468, Eff. 3/31/95; AMD, 1995 MAR p. 2397, Eff. 11/10/95; AMD, 1997 MAR p. 399, Eff. 2/25/97; AMD, 1997 MAR p. 1026, Eff. 6/24/97; AMD, 1998 MAR p. 2861, Eff. 10/23/98; AMD, 1998 MAR p. 3277, Eff. 12/18/98; AMD, 1999 MAR p. 405, Eff. 3/12/99; AMD, 2001 MAR p. 785, Eff. 5/11/01; AMD, 2002 MAR p. 2905, Eff. 10/18/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2007 MAR p. 1815, Eff. 11/9/07; AMD, 2008 MAR p. 808, Eff. 4/25/08; AMD, 2009 MAR p. 748, Eff. 5/15/09; AMD, 2010 MAR p. 532, Eff. 2/26/10; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2017 MAR p. 1145, Eff. 7/22/17; AMD, 2018 MAR p. 1163, Eff. 6/23/18; AMD, 2021 MAR p. 619, Eff. 5/29/21; AMD, 2024 MAR p. 2153, Eff. 9/7/24.

Mont. Admin. R. 24.210.643 Citations and Fines

(1) Citations issued by the department may be presented to the licensee responsible for the maintenance of the trust account personally or mailed by certified mail.

(2) A licensee who receives a citation has five business days from the receipt of the citation to either pay the fee or file a written dispute. Failure to either pay the fine or file a written dispute within five business days is unprofessional conduct and subject to board discipline. If a licensee disputes a citation, the citation and dispute will be forwarded to the screening panel for consideration.

History

Authorizing statute(s): 37-51-203, MCA
Implementing statute(s): 37-51-324, MCA
History: NEW, 2008 MAR p. 2558, Eff. 12/12/08; AMD, 2021 MAR p. 619, Eff. 5/29/21.

Mont. Admin. R. 24.210.646 Disciplinary Guidelines -- Public Notice (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-51-203, MCA
Implementing statute(s): 2-4-623, 37-1-136, 37-1-312, 37-51-321, MCA
History: NEW, 1990 MAR p. 1156, Eff. 6/15/90; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2018 MAR p. 1163, Eff. 6/23/18; REP, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.651 Reinstatement (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-51-203, MCA
Implementing statute(s): 37-1-314, 37-51-202, 37-51-321, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof.& Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 1156, Eff. 6/15/90; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; REP, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.660 Prelicensing Education -- Salespersons and Brokers

(1) Request for approval of a prelicensing education course and instructor approval must be made on forms approved by the board and submitted 60 days prior to the initial course offering date.

(2) Expiration of course approval or instructor approval is three years from the date of approval, but may be revoked for cause.

(3) Distance education courses may be approved if the board determines that:

(a) an appropriate and complete application has been filed and approved by the board;

(b) the distance education course meets the content requirements as established under this rule;

(c) the distance education course is certified by the Association of Real Estate License Law Officials (ARELLO) and the course provider has provided appropriate documentation that the ARELLO certification is in effect. Approval will cease immediately should ARELLO certification be discontinued for any reason; and

(d) the distance education course meets all other requirements as prescribed in the statutes and rules that govern the operation of approved courses.

(4) It is the responsibility of the applicant to verify that courses are approved for Montana prior to completing the course for credit.

(5) Advanced nationally recognized designation courses may be submitted and may be approved, in part, to fulfill specific topics of the broker prelicensing education requirement.

(6) Instructors teaching more than 25 percent of a prelicensing course must be approved by the board as prelicensing instructors.

(7) The course provider is responsible for the actions and representations of all instructors who aid or assist in the instruction of the prelicensing education course.

(8) No more than eight hours of instruction may be offered per day. Examination time does not count as hours of instruction.

(9) Approved instructors must have one year of experience in real estate education, and:

(a) a bachelor's degree in a field traditionally associated with the subject matter being taught; or

(b) advanced training on instruction methods and adult learning.

(10) Prelicensing courses to obtain a sales license must consist of at least 70 hours of instruction of and must include theory and practical application of each of the following topics:

(a) key steps in a real estate transaction, including listings, contracts for sale, inspections and due diligence, financing, and closing;

(b) real estate law, including Title 37, chapter 51, MCA, the board's administrative rules, and federal real estate marketing rules;

(d) property management and leasing, including the Montana Residential Landlord Tenant Act of 1977;

(e) ethics and standards of practice;

(f) escrow, closing, and settlement practices;

(g) real estate financing, including mortgages, trust deeds and indentures, seller financing, commercial financing, mortgage brokers and bankers, and government involvement in real estate financing;

(h) environmental issues;

(i) agency law;

(j) contract law and documents, including listings and contracts of sale;

(k) general trust accounting for real estate licenses;

(l) forms of real estate ownership, including estates, condominiums, and cooperatives;

(m) title and transfer of title, including buyer inspection of title, legal aspects of a deed, methods of property conveyance, clouds on the title, and selling mortgaged properties;

(n) recording acts;

(o) encumbrances and easements;

(p) public and private land use controls, including the police power;

(q) fair housing;

(r) Regulation Z;

(s) land descriptions;

(t) appraisal and valuation; and

(u) math and financial calculations.

(11) The 60 hours of board-approved broker prelicensing education will consist of the following modules:

(a) business management;

(b) contracts;

(d) liability pertaining to real estate practice;

(e) professional conduct;

(f) real estate and property management trust accounting; and

(g) property management.

(12) Courses must be designed so that no more than ten minutes per 60 minutes are allowed for breaks in instruction. Break time may be accumulated and used in blocks at the instructor's discretion.

(13) The applicant must attend 90 percent of the first hour and 100 percent of each additional hour of the approved course time in order to receive credit for attendance. Reasonable accommodations will be made for people with medical conditions.

(14) A board representative may, at no charge, audit all board-approved courses for rule compliance.

History

Authorizing statute(s): 37-1-131, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-51-302, MCA
History: NEW, 1995 MAR p. 2397, Eff. 11/10/95; AMD, 1999 MAR p. 405, Eff. 3/12/99; AMD, 2002 MAR p. 2905, Eff. 10/18/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2010 MAR p. 532, Eff. 2/26/10; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2021 MAR p. 619, Eff. 5/29/21.

Mont. Admin. R. 24.210.661 New Licensee Mandatory Continuing Education - Salespersons

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, 37-1-319, 37-51-202, 37-51-204, MCA
History: NEW, 2000 MAR p. 2013, Eff. 7/28/00; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2006 MAR p. 1171, Eff. 5/5/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2015 MAR p. 933, Eff. 7/17/15; AMD, 2017 MAR p. 1145, Eff. 7/22/17; AMD, 2019 MAR p. 1056, Eff. 7/27/19; REP, 2021 MAR p. 619, Eff. 5/29/21.

Mont. Admin. R. 24.210.666 Course Provider

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-51-204, 37-51-302, MCA
History: NEW, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2017 MAR p. 1145, Eff. 7/22/17; REP, 2019 MAR p. 1056, Eff. 7/27/19.

Mont. Admin. R. 24.210.667 Continuing Real Estate Education

(1) Each active licensee is required to complete a minimum of 12 hours of continuing real estate education every licensing year between November 1 and October 31.

(2) The required hours shall be in real estate continuing education courses that are:

(a) approved by the Association of Real Estate License Law Officials' (ARELLO) Distance Education Certification, or a state real estate licensing regulatory agency or real estate commission; or

(b) endorsed by a national, state, or local Association of REALTORS®, a national, state, or local real estate association, or a national, state, or local landlords' association.

(3) The licensee must attend 90 percent of the first hour and 100 percent of each additional hour of the approved course time to receive credit.

(4) No credit will be granted for carry over hours from a prior licensing year.

(5) The board may grant continuing education credit to board members for actively preparing and participating in board meetings. Credit will be limited to no more than three hours of credit per meeting.

(6) No continuing education is required for salesperson licensees who are licensed less than 12 months on their first renewal.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, 37-1-319, 37-51-202, 37-51-204, MCA
History: NEW, 1987 MAR p. 157, Eff. 2/14/87; AMD, 1987 MAR p. 1780, Eff. 10/16/87; AMD, 1989 MAR p. 1339, Eff. 9/15/89; AMD, 1990 MAR p. 1156, Eff. 6/15/90; AMD, 1993 MAR p. 2233, Eff. 9/17/93; AMD, 1995 MAR p. 2397, Eff. 11/10/95; AMD, 1998 MAR p. 2861, Eff. 10/23/98; AMD, 1999 MAR p. 405, Eff. 3/12/99; AMD, 2000 MAR p. 184, Eff. 1/28/00; AMD, 2000 MAR p. 2013, Eff. 7/28/00; AMD, 2001 MAR p. 785, Eff. 5/11/01; AMD, 2002 MAR p. 2905, Eff. 10/18/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2006 MAR p. 1171, Eff. 5/5/06; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2007 MAR p. 1815, Eff. 11/9/07; AMD, 2009 MAR p. 2373, Eff. 12/11/09; AMD, 2011 MAR p. 2280, Eff. 10/28/11; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2015 MAR p. 933, Eff. 7/17/15; AMD, 2019 MAR p. 1056, Eff. 7/27/19; AMD, 2021 MAR p. 619, Eff. 5/29/21; AMD, 2024 MAR p. 2153, Eff. 9/7/24; AMD, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.

Mont. Admin. R. 24.210.674 Continuing Real Estate Education -- Course Approval

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-51-202, 37-51-204, MCA
History: NEW, 1990 MAR p. 1156, Eff. 6/15/90; AMD, 1993 MAR p. 1909, Eff. 8/13/93; AMD, 1995 MAR p. 2397, Eff. 11/10/95; AMD, 1999 MAR p. 405, Eff. 3/12/99; AMD, 2001 MAR p. 785, Eff. 5/11/01; AMD, 2002 MAR p. 2905, Eff. 10/18/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2009 MAR p. 2373, Eff. 12/11/09; AMD, 2010 MAR p. 749, Eff. 2/26/10; AMD, 2012 MAR p. 1776, Eff. 9/7/12; AMD, 2017 MAR p. 1145, Eff. 7/22/17; REP, 2019 MAR p. 1056, Eff. 7/27/19.

Mont. Admin. R. 24.210.677 Continuing Real Estate Education -- Instructor Approval

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-51-202, 37-51-204, MCA
History: NEW, 1990 MAR p. 1156, Eff. 6/15/90; AMD, 1993 MAR p. 1909, Eff. 8/13/93; AMD, 1995 MAR p. 2397, Eff. 11/10/95; AMD, 1999 MAR p. 405, Eff. 3/12/99; AMD, 2002 MAR p. 2905, Eff. 10/18/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2010 MAR p. 532, Eff. 2/26/10; AMD, 2017 MAR p. 1145, Eff. 7/22/17; REP, 2019 MAR p. 1056, Eff. 7/27/19.

Authorizing statute(s): 37-1-131, 37-1-319, 37-51-203, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-51-202, MCA
History: NEW, 1993 MAR p. 1909, Eff. 8/13/93; AMD, 1995 MAR p. 2799, Eff. 11/10/95; AMD, 2002 MAR p. 2905, Eff. 10/18/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07; AMD, 2010 MAR p. 532, Eff. 2/26/10; REP, 2019 MAR p. 1056, Eff. 7/27/19.

Authorizing statute(s): 37-53-104, MCA
Implementing statute(s): 37-53-203, MCA
History: NEW, 1988 MAR p. 877, Eff. 5/13/88; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2010 MAR p. 532, Eff. 2/26/10; REP, 2024 MAR p. 2153, Eff. 9/7/24.

Chapter 24.213 Board of Respiratory Care Practitioners

Subchapter 24.213.1 Organizational Rule

Mont. Admin. R. 24.213.101 Board Organization (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1992 MAR p. 913, Eff. 5/1/92; TRANS, from Commerce, 2003 MAR p. 1286; AMD, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.213.2 Procedural Rules

Mont. Admin. R. 24.213.201 Procedural Rules (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1992 MAR p. 913, Eff. 5/1/92; TRANS, from Commerce, 2003 MAR p. 1286; AMD, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Mont. Admin. R. 24.213.202 Public Participation (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1992 MAR p. 913, Eff. 5/1/92; TRANS, from Commerce, 2003 MAR p. 1286; AMD, 2022 MAR p. 1837, Eff. 9/24/22; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2024 MAR p. 1470, Eff. 6/22/24; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.213.5 Sedation

Mont. Admin. R. 24.213.501 Institutional Guidelines Concerning Education and Certification -- When Required

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-28-104, MCA
Implementing statute(s): 37-28-101, 37-28-102, MCA
History: NEW, 2005 MAR p. 453, Eff. 4/1/05; REP, 2015 MAR p. 22, Eff. 1/16/15.

Mont. Admin. R. 24.213.502 Training–conscious Sedation (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-28-104, MCA
Implementing statute(s): 37-1-131, 37-28-101, 37-28-102, MCA
History: NEW, 2015 MAR p. 22, Eff. 1/16/15; REP, 2024 MAR p. 1470, Eff. 6/22/24.

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, 37-1-319, 37-1-321, MCA
History: NEW, 2024 MAR p. 1470, Eff. 6/22/24; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Subchapter 24.213.23 License Discipline

Mont. Admin. R. 24.213.2301 Unprofessional Conduct (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-28-104, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, MCA
History: NEW, 1992 MAR p. 913, Eff. 5/1/92; AMD, 1997 MAR p. 542, Eff. 3/25/97; AMD, 1998 MAR p. 2276, Eff. 8/28/98; TRANS, from Commerce, 2003 MAR p. 1286; AMD, 2015 MAR p. 22, Eff. 1/16/15; REP, 2024 MAR p. 1470, Eff. 6/22/24.

Mont. Admin. R. 24.213.2310 Unprofessional Conduct (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, MCA
History: NEW, 2024 MAR p. 1470, Eff. 6/22/24; REP, 2026 MAR, Notice No. 2026-147, Eff. 7/11/26.

Chapter 24.216 Board of Sanitarians (repealed)

Subchapter 24.216.1 Organizational Rules

Mont. Admin. R. 24.216.101 Board Organization

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 2/4/75; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1499; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2024 MAR p. 136, Eff. 1/27/24.

Subchapter 24.216.2 Procedural Rules

Mont. Admin. R. 24.216.201 Procedural Rules

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 2/4/75; AMD, Eff. 12/4/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1499; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2024 MAR p. 136, Eff. 1/27/24.

Mont. Admin. R. 24.216.202 Public Participation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, Eff. 2/4/75; AMD, Eff. 12/4/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1499; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2024 MAR p. 136, Eff. 1/27/24.

Authorizing statute(s): 37-40-203, MCA
Implementing statute(s): 37-40-203, MCA
History: NEW, Eff. 2/4/75; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 1965, Eff. 7/19/96; TRANS, from Commerce, 2002 MAR p. 1499; REP, 2018 MAR p. 2054, Eff. 10/20/18.

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21; REP, 2024 MAR p. 136, Eff. 1/27/24.

Authorizing statute(s): 37-1-319, 37-40-203, MCA
Implementing statute(s): 37-1-319, 37-40-301, 37-40-302, MCA
History: NEW, 2011 MAR p. 749, Eff. 5/13/11; AMD, 2018 MAR p. 2054, Eff. 10/20/18; REP, 2024 MAR p. 136, Eff. 1/27/24.

Subchapter 24.216.23 Unprofessional Conduct

Mont. Admin. R. 24.216.2301 Unprofessional Conduct

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-40-203, MCA
Implementing statute(s): 37-1-316, 37-1-319, 37-40-203, MCA
History: NEW, Eff. 2/4/75; AMD, 1980 MAR p. 661, Eff. 2/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 290, Eff. 2/12/82; AMD, 1985 MAR p. 1239, Eff. 8/30/85; AMD, 1996 MAR p. 1965, Eff. 7/19/96; TRANS, from Commerce, 2002 MAR p. 1499; AMD, 2018 MAR p. 2054, Eff. 10/20/18; REP, 2024 MAR p. 136, Eff. 1/27/24.

Chapter 24.217 Sanitarians Program

Subchapter 24.217.4 General

Mont. Admin. R. 24.217.401 Fee Schedule

(1) Application $200

(2) Renewal 175

(3) Additional standardized fees are in ARM 24.101.403.

(4) All fees are nonrefundable.

History

Authorizing statute(s): 37-40-203, MCA
Implementing statute(s): 37-40-301, 37-40-302, MCA
History: NEW, 2024 MAR p. 136, Eff. 1/27/24.

Subchapter 24.217.5 Licensing

Mont. Admin. R. 24.217.501 Examination

(1) Sanitarian applicants must pass the National Environmental Health Association (NEHA) examination or its equivalent.

History

Authorizing statute(s): 37-40-203, MCA
Implementing statute(s): 37-40-302, MCA
History: NEW, 2024 MAR p. 136, Eff. 1/27/24.

Mont. Admin. R. 24.217.504 Education Equivalency

(1) An equivalent degree per 37-40-302, MCA, is a bachelor's degree from an accredited college or university having a minimum of 45 quarter or 30 semester hours in the physical and biological sciences, including courses in chemistry, biology, and at least one general microbiology course. Acceptable general microbiology courses must focus on basic microbiology concepts including the activities of bacteria, viruses, and other microorganisms, and their impact on humans. Courses focusing primarily on cellular biochemistry, cellular genetics, and intracellular functions are not acceptable.

History

Authorizing statute(s): 37-40-203, MCA
Implementing statute(s): 37-40-302, MCA
History: NEW, 2024 MAR p. 136, Eff. 1/27/24.

Mont. Admin. R. 24.217.508 Sanitarian-in-Training

(1) Applicants meeting all licensure qualifications except for the approved microbiology course per ARM 24.217.504 will be issued a sanitarian-in-training permit and must pass the microbiology course during the one-year permit period.

(2) Sanitarians-in-training who work must do so under the supervision of a registered sanitarian.

(a) Applicants must provide the supervisor's name and description of the expected work experience to the department.

(b) "Supervision" means the supervisor is available for immediate communication and consultation.

History

Authorizing statute(s): 37-40-203, MCA
Implementing statute(s): 37-40-203, MCA
History: NEW, 2024 MAR p. 136, Eff. 1/27/24.

Mont. Admin. R. 24.217.509 Substantial Equivalency

(1) The department adopts and incorporates by reference the 2026 substantial equivalency list for the Sanitarian Program publication. The publication is available on the department’s website.

(2) The department intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-40-203, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2026-142, Eff. 8/22/26.

Subchapter 24.217.23 Unprofessional Conduct

Mont. Admin. R. 24.217.2301 Unprofessional Conduct

(1) In addition to the provisions of 37-1-410, MCA, it is unprofessional conduct for registered sanitarians and sanitarians-in-training to:

(a) violate a federal, state, or local law or rule relating to the conduct of the profession;

(b) fail to cooperate with or respond to a department request;

(d) commit any act of sexual abuse, misconduct, or exploitation whether or not it is related to the licensee's practice.

History

Authorizing statute(s): 37-40-203, MCA
Implementing statute(s): 37-1-410, MCA
History: NEW, 2024 MAR p. 136, Eff. 1/27/24.

Chapter 24.219 Board of Behavioral Health

Subchapter 24.219.1 Organizational Rules

Mont. Admin. R. 24.219.101 Board Organization

(1) The Board of Behavioral Health adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1984 MAR p. 440, Eff. 3/16/84; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2016 MAR p. 221, Eff. 2/6/16.

Subchapter 24.219.2 Procedural Rules

Mont. Admin. R. 24.219.201 Procedural Rules

(1) The Board of Behavioral Health adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 1984 MAR p. 440, Eff. 3/16/84; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2019 MAR p. 339, Eff. 3/30/19; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Mont. Admin. R. 24.219.204 Public Participation

(1) The Board of Behavioral Health adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2022 MAR p. 1837, Eff. 9/24/22.

Subchapter 24.219.3 Definitions

Mont. Admin. R. 24.219.301 Definitions

(1) "Behavioral health disorder" means a wide range of mental health conditions or disorders that affect mood, thinking, and behavior that impair the individual's ability to build or maintain satisfactory interpersonal relationships and to manage daily functioning.

(2) "Candidate" means an individual as defined in 37-39-307, MCA.

(3) "CBHPSS" means a certified behavioral health peer support specialist.

(4) "CFPSS" means a certified family peer support specialist.

(5) "Client" means a recipient of services performed by licensees in this chapter.

(6) "Clinical setting" for purposes of LCPC experience requirements means any public and/or private agency whose primary functions are to provide services as defined in 37-39-102(11), MCA.

(7) "Contact hour" means academic coursework, approved workshop training, or an approved home study course that is completed hour-for-hour.

(8) "Co-occurring disorder" means the existence of any addiction-related disorder and any other physical and or mental health disorder.

(9) "Direct client contact" means physical presence, telephonic presence, or interactive video link presence of the client, client family member, or client representative.

(10) "Direct observation of service delivery" means participation in the service delivery, observation through a two-way mirror, observation of a video or audiotape of the service delivery, or observation through an interactive video link of the service delivery.

(11) "Dual relationship" means a situation in which a licensee is in a professional role with a person and:

(a) at the same time is in another role with the same person;

(b) at the same time is in a relationship with a person closely associated with or related to the person with whom the licensee has the professional relationship; or

(c) promises to enter into another relationship in the future with the person or a person closely associated with or related to the person.

(12) "Exploit" means to manipulate or attempt to manipulate or use a professional relationship with a client, former client, student, employee, supervisor, supervisee, or research participant for:

(a) the licensee's emotional, financial, romantic, sexual, or personal advantage; or

(b) the advancement of the licensee's personal, religious, political, or business interests.

(13) "Face-to-face" means supervision of a candidate by the supervisor which is either:

(a) in-person; or

(b) electronically. The transmission must:

(i) be two-way;

(ii) be interactive;

(iii) be real-time;

(iv) be simultaneous; and

(v) provide for both audio and visual interaction.

(14) "Independent practice" means the practice of social work by an LCSW who assumes responsibility and accountability for the nature and quality of the services provided to the client in exchange for direct payment or third-party reimbursement.

(15) "LAC" means licensed addiction counselor licensed under Title 37, chapter 39, MCA.

(16) "LBSW" means licensed baccalaureate social worker licensed under Title 37, chapter 39, MCA.

(17) "LCPC" means licensed clinical professional counselor licensed under Title 37, chapter 39, MCA.

(18) "LCSW" means licensed clinical social worker licensed under Title 37, chapter 39, MCA.

(19) "LMFT" means licensed marriage and family therapist licensed under Title 37, chapter 39, MCA.

(20) "LMSW" means licensed master's social worker licensed under Title 37, chapter 39, MCA.

(21) "Psychosocial methods" means those professional techniques which are identified as clinical in nature and:

(a) enhance the problem solving and coping capacity of people;

(b) link people with systems that provide them with resources, services, and opportunities;

(d) contribute to the development and improvement of social policy.

(22) "Psychotherapy and counseling" means the therapeutic process of:

(a) conducting assessments and diagnoses for the purpose of establishing treatment goals and objectives; or

(b) planning, implementing, and evaluating treatment plans that use treatment interventions to facilitate human development and to identify and remediate mental, emotional or behavioral disorders and associated distresses that interfere with mental health.

(23) "Recovery" from a behavioral health disorder in subchapter 9 of these rules means a process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential. Applicants must attest that recovery does not include any period of incarceration, or hospitalization or any inpatient admission related to a behavioral health disorder that exceeds 72 hours, within the two years immediately preceding application. Incarceration does not include a prerelease program. Applicants with a diagnosed chemical dependency or substance use disorder must be two years into sustained remission as defined in the Diagnostic and Statistical Manual of Mental Disorders, meaning the applicant has not had any symptoms except a strong desire or urge to use any substance of abuse.

(24) "Sexual contact" includes but is not limited to electronic exploitation, sexual intercourse, either genital or anal, cunnilingus, fellatio, or the handling of the breasts, genital areas, buttocks, or thighs, whether clothed or unclothed either by the licensee or the client.

(25) "Sexual harassment" includes deliberate or repeated comments, gestures, or physical contact of a sexual nature that are unwelcome by the recipient.

(26) "Significant monetary value" means more than a de minimis value exceeding $25.

(27) "Supervised work experience" means the requirements where a candidate gains minimal competencies in the areas of an identified theory base, application of a differential diagnosis, establishing and monitoring a treatment plan, development and appropriate use of the professional relationship, assessing the client for risk of imminent danger, and implementing a professional and ethical relationship with clients and colleagues. Supervised work experience must have been obtained in the five years prior to application for licensure.

(28) "Supervisor" means a person who meets the criteria set forth in ARM 24.219.421.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-202, 37-39-307, 37-39-308, 37-39-309, 37-39-310, 37-39-311, 37-39-312, MCA
History: NEW, 1984 MAR p. 440, Eff. 3/16/84; AMD, 1991 MAR p. 1931, Eff. 10/18/91; AMD, 1993 MAR p. 3015, Eff. 12/24/93; AMD, 2001 MAR p. 558, Eff. 4/6/01; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2009 MAR p. 2158, Eff. 11/13/09; AMD, 2011 MAR p. 2038, Eff. 9/23/11; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2021 MAR p. 1783, Eff. 12/11/21; AMD, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2025 MAR, Notice No. 2025-197, Eff. 12/6/25; AMD, 2026 MAR, Notice No. 2026-512, Eff. 8/22/26.

Subchapter 24.219.4 General Provisions

Mont. Admin. R. 24.219.401 Fee Schedule

(1) Application fee

(a) LCSW, LMSW, LBSW, LCPC, LMFT $200.

(b) LAC $250.

(d) LCSW, LMSW, LBSW, LCPC, LMFT candidates $200.

(e) LAC candidate $250.

(2) Renewal fee for active status

(a) LCSW, LMSW, LBSW, LCPC, LMFT $149.

(b) LAC $128.

(3) Renewal fee for inactive status

(a) LCSW, LMSW, LBSW, LCPC, LMFT $75.

(b) LAC $64.

(4) Candidate annual registration fee (LCSW, LMSW, LBSW, LCPC, LMFT, and LAC candidates) $85.

(5) Additional standardized fees are specified in ARM 24.101.403.

History

Authorizing statute(s): 37-39-201, MCA, MCA
Implementing statute(s): 37-1-141, 37-39-201, MCA
History: NEW, 1984 MAR p. 440, Eff. 3/16/84; AMD, 1985 MAR p. 108, Eff. 2/1/85; AMD, 1985 MAR p. 1239, Eff. 8/30/85; AMD, 1987 MAR p. 479, Eff. 5/1/87; AMD, 1988 MAR p. 169, Eff. 1/29/88; AMD, 1989 MAR p. 755, Eff. 6/16/89; AMD, 1990 MAR p. 1171, Eff. 6/15/90; AMD, 1994 MAR p. 298, Eff. 2/11/94; AMD, 2003 MAR p. 559, Eff. 3/28/03; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2009 MAR p. 2158, Eff. 11/13/09; AMD, 2012 MAR p. 2467, Eff. 12/7/12; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 339, Eff. 3/30/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2025 MAR, Notice No. 2025-197, Eff. 12/6/25.

Mont. Admin. R. 24.219.402 Application for Licensure

(1) Each application for licensure from the board must include:

(a) a completed application form;

(b) the initial license fee;

(d) a Federal Bureau of Investigation fingerprint background check within six months of the application date.

(2) An applicant licensed in any other jurisdiction at any time shall cause the other jurisdictions to submit a current verification of licensure directly to the board.

(3) An applicant may voluntarily withdraw their application by written request if the application has not appeared on a board agenda. Application fees are not refundable.

(4) LCSW, LMSW, LCPC, or LMFT applicants holding a current, active license in good standing in another state or jurisdiction with an education requirement that is not substantially equivalent to Montana's requirement must have a master's degree in the profession the applicant is applying to from an accredited institution with a minimum of 48 semester or 72 quarter credits and have completed 10,000 hours of post-degree experience in the profession, in addition to the supervised work experience. LAC applicants holding a current, active license in good standing in another state or jurisdiction with an education requirement that is not substantially equivalent to Montana’s requirement must have 10,000 hours of post-degree experience in the profession, in addition to the supervised work experience.

(5) Degree programs in the candidate stage of accreditation are accredited for purposes of a qualifying degree.

(6) LBSW and LMSW who qualify for licensure pursuant to 37-39-308, MCA must provide evidence of social work experience:

(a) attested to by a licensed social worker or a direct supervisor from a former or current employer who is familiar with the applicant's work experience; and

(b) within the period between January 1, 2018 and January 1, 2023.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-202, 37-39-307, 37-39-308, 37-39-309, 37-39-310, 37-39-311, 37-39-312, MCA
History: NEW, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2026 MAR, Notice No. 2026-512, Eff. 8/22/26.

Mont. Admin. R. 24.219.403 Examinations

(1) The following examinations are approved for licensure.

(a) LCSW: Association of Social Work Boards (ASWB) clinical examination;

(b) LMSW: ASWB master's examination;

(d) LCPC:

(i) National Board for Certified Counselors (NBCC) National Counselor examination (NCE); or

(ii) NBCC National Clinical Mental Health Counseling examination (NCMHCE);

(e) LMFT: the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) examination in marriage and family therapy;

(f) LAC:

(i) Level 1 or Level 2 National Certification Commission for Addiction Professionals (NCC AP);

(ii) Northwest Certification II or III;

(iii) Southwest Certification II; or

(iv) International Certification and Reciprocity Consortium (IC&RC) Alcohol and Drug Counselor (ADC) examination or Advanced Alcohol and Drug Counselor (AADC) examination.

(2) Individuals who have not already passed an approved examination can be approved by department staff to register for one of the approved examinations:

(a) upon submission of a complete application; or

(b) once a candidate license is issued and the licensee requests to be approved to take the examination, in accordance with any standards and requirements of the examination entity.

(3) Applicants or candidates may not take an examination more than three times unless approved to retake the examination. Applicants or candidates requesting to retake the examination must submit a request including but not limited to a specific study plan.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-202, 37-39-307, 37-39-308, 37-39-309, 37-39-310, 37-39-311, MCA
History: NEW, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2026 MAR, Notice No. 2026-512, Eff. 8/22/26.

Mont. Admin. R. 24.219.405 Fee Schedule for Professional Counselors

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-22-201, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-23-206, MCA
History: NEW, 1986 MAR p. 662, Eff. 4/25/86; AMD, 1987 MAR p. 479, Eff. 5/1/87; AMD, 1988 MAR p. 169, Eff. 1/29/88; AMD, 1989 MAR p. 755, Eff. 6/16/89; AMD, 1990 MAR p. 1171, Eff. 6/15/90; AMD, 1994 MAR p. 298, Eff. 2/11/94; AMD, 2003 MAR p. 559, Eff. 3/28/03; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2009 MAR p. 2158, Eff. 11/13/09; AMD, 2012 MAR p. 2467, Eff. 12/7/12; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 339, Eff. 3/30/19; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.409 Fee Schedule for Marriage and Family Therapists

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-37-201, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-37-201, MCA
History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; AMD, 2012 MAR p. 2467, Eff. 12/7/12; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 339, Eff. 3/30/19; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.411 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.219.412 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.219.413 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the board’s publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2026 MAR, Notice No. 2025-346, Eff. 2/21/26.

Mont. Admin. R. 24.219.415 Military Training or Experience (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 2471, Eff. 10/10/14; AMD, 2019 MAR p. 339, Eff. 3/30/19; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.421 Supervisor Qualifications

(1) Licensure candidates, CBHPSS, and CFPSS must be supervised per the requirements of this rule and ARM 24.219.504, 24.219.604, 24.219.704, and 24.219.5008.

(2) Except as provided below, as of August 22, 2026, all new supervisors must:

(a) have an active license in good standing in the jurisdiction in which the supervision is occurring;

(b) have been licensed in their respective disciplines for at least three years, excluding any period of licensure as a candidate; and

(c) have taken board-approved training consisting of a minimum of one semester credit graduate education focused on supervision or 20 hours of board-approved training in supervision. This training course may not have been taken during the supervisor’s graduate program or while licensed as a candidate and obtaining supervised work experience.

(3) Supervisors who supervised in Montana prior to August 22, 2026, may continue to supervise without meeting the requirements of (2)(c).

(4) LCSW, LCPC, and LMFT candidates must be supervised by an LCSW, LCPC, LMFT, licensed psychologist, or licensed and board-certified psychiatrist.

(5) LMSW candidate supervisors must be licensed as an LCSW or LMSW.

(6) LBSW candidate supervisors must have an active license in good standing in the jurisdiction in which the supervision is occurring as an LCSW, LMSW, or LBSW. If the supervisor is an LBSW the supervisor must have been licensed for at least three years as an LBSW. An LBSW may not take supervision courses to qualify to supervise LBSW candidates.

(7) LAC candidate supervisors must be:

(a) licensed as an LAC and have an active license in good standing in the jurisdiction in which the supervision is occurring with a minimum of three years post-licensure experience in a qualified treatment setting as defined in ARM 24.219.5010; or

(b) trained in a related field. If trained in a related field:

(i) the supervisor must have taken board-approved training consisting of a minimum of one semester credit graduate education focused on supervision or 20 hours of board-approved training in supervision; and

(ii) the supervisor must have training equivalent to that described in ARM 24.219.5006.

(8) CBHPSS and CFPSS supervisors must have an active license in good standing in the jurisdiction in which the supervision is occurring as a mental health professional as defined by 37-39-102, MCA.

(9) A supervisor shall not:

(a) be the candidate’s, CBHPSS's, or CFPSS’s parent, child, spouse, or sibling; or

(b) have a conflict of interest such as, but not limited to, being in a cohabitation or financially dependent relationship.

History

Authorizing statute(s): 37-1-131, 37-39-201, MCA
Implementing statute(s): 37-1-131, 37-39-202, 37-39-307, 37-39-308, 37-39-309, 37-39-310, 37-39-311, 37-39-312, MCA
History: NEW, 2011 MAR p. 2038, Eff. 9/23/11; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2025 MAR, Notice No. 2025-197, Eff. 12/6/25; AMD, 2026 MAR, Notice No. 2026-512, Eff. 8/22/26.

Mont. Admin. R. 24.219.422 General Supervision and Recordkeeping Requirements

(1) A supervisor must meet the requirements of ARM 24.219.421.

(2) Candidates must maintain the following records for a minimum of seven years from the date of licensure or seven years from the expiration of their candidate license if they do not obtain a Montana license:

(a) names and license numbers of candidate and supervisor;

(b) date and length of supervision sessions in increments not less than 15 minutes with a description of the supervised work experience as required under ARM 24.219.504, 24.219.604, 24.219.704, or 24.219.5008;

(d) content demonstrating the candidate's developing competence under ARM 24.219.504, 24.219.604, 24.219.704, or 24.219.5008; and

(e) supervisor attestation within the record that the records are accurate.

(3) CBHPSS and CFPSS must maintain the following records seven years from the date a supervisor ceased to supervise the CBHPSS and CFPSS:

(a) names and license numbers of peer support specialist and supervisor;

(b) date and length of supervision sessions in increments of not less than 15 minutes with a description of supervision;

(d) supervisor attestation within the record that the records are accurate.

(4) Candidates, CBHPSS, CFPSS, and supervisors must comply with applicable client privacy laws.

(5) Supervisors must:

(a) review and sign all reports and/or assessment interpretations and results sent to other public or private agencies that affect the current status of a client;

(b) preapprove on a continual and ongoing basis all therapeutic interventions or supportive interventions and the assessment results and interpretations used in the planning and/or implementation of those therapeutic interventions; and

(c) maintain records showing licensees have met the supervision requirements in this rule for a minimum of seven years after the date the supervisor ceased to supervise the candidate, CBHPSS, or CFPSS.

(6) The supervisor may be subject to disciplinary action for failure to adequately supervise the candidate, CBHPSS, or CFPSS under this board's statutes and rules.

(7) The department may request records from candidates, CBHPSS, and CFPSS at any time.

(8) The department may annually randomly audit a board-determined percentage of candidates, CBHPSS, and CFPSS who have renewed their licenses to evaluate:

(a) whether records are being maintained in compliance with this rule; and

(b) that the supervision requirements of this rule and ARM 24.219.504, 24.219.604, 24.219.704, or 24.219.5008 are being met.

(9) A candidate, CBHPSS, or CFPSS cannot practice without a supervisor as described in this chapter.

(10) When there is a change in supervisor, the following individuals must notify the board no later than 20 business days following the change using forms provided by the department:

(a) the candidate, or CBHPSS, or CFPSS;

(b) the new supervisor; and/or

(11) The supervisor, candidate, CBHPSS, or CFPSS may be subject to disciplinary action for failure to report a change in supervisor.

(12) A candidate must provide an update to the department within 20 business days if there is a substantial change in the candidate's training and supervision plan. An updated training and supervision plan or a change in supervisor does not require additional approval unless there is reason to believe the update does not conform to the board's training and supervision requirements.

(13) The candidate, CBHPSS, or CFPSS and supervisors are responsible for ensuring compliance with the statutes, rules, and standards pertaining to the practice at all times.

History

Authorizing statute(s): 37-1-131, 37-39-201, MCA
Implementing statute(s): 37-1-131, 37-39-202, 37-39-307, 37-39-308, 37-39-309, 37-39-310, 37-39-311, 37-39-312, MCA
History: NEW, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2025 MAR, Notice No. 2025-197, Eff. 12/6/25.

Mont. Admin. R. 24.219.423 Change of Supervisor (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, 37-35-103, 37-35-202, MCA
Implementing statute(s): 37-1-131, 37-22-301, 37-22-307, 37-22-308, 37-23-202, 37-35-103, 37-35-202, 37-37-201, 37-38-202, MCA
History: NEW, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.430 Inactive Status and Conversion to Active Status – Lcsw, Lmsw, Lbsw, Lcpc, Lmft, Lac, Cbhpss, and Cfpss

(1) Active status licensees may convert to inactive status on the renewal form or by informing the department. Inactive licensees must inform the department of any change of address while on inactive status and must pay the inactive renewal fee annually to avoid license expiration or termination.

(2) Inactive licensees or certificate holders may not practice.

(3) Inactive status licensees or certificate holders may convert to active status upon request and payment of the required fee.

(4) In order to convert to active status, licensees and certificate holders:

(a) may not have been out of active practice for more than five years; and

(b) must have completed ten hours of continuing education (CE) per each year of inactive status. The CE must have been completed within the twenty-four months prior to converting to active status.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-319, MCA
History: NEW, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2025 MAR, Notice No. 2025-197, Eff. 12/6/25.

Mont. Admin. R. 24.219.431 Annual Candidate Registration

(1) LCSW, LMSW, LCPC, and LMFT candidates shall:

(a) register annually; and

(b) only be allowed to register annually five times unless approved to register more than five times. Candidates requesting an additional registration must submit a request including but not limited to an explanation as to why an additional registration is needed to complete the requisite supervised work experience.

(2) LBSW and LAC candidates shall:

(a) register annually; and

(b) only be allowed to register annually three times unless approved to register more than three times. Candidates requesting an additional registration must submit a request including but not limited to an explanation as to why an additional registration is needed to complete the requisite supervised work experience.

(3) Registration procedures under this rule follow the renewal procedures described in ARM 24.101.413.

History

Authorizing statute(s): 37-1-131, 37-39-201, MCA
Implementing statute(s): 37-1-131, 37-39-307, MCA
History: NEW, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2026 MAR, Notice No. 2026-512, Eff. 8/22/26.

Mont. Admin. R. 24.219.435 Continuing Education Requirements

(1) Licensees are required to obtain 20 hours of continuing education (CE) annually, prior to renewal.

(2) Licensees completing more than 20 hours of CE may carry forward those hours into the next year. The number of hours carried forward shall not exceed 20 hours.

(3) Licensees holding more than one type of license must demonstrate completion of 20 hours of CE with each license.

(4) Of the 20 hours:

(a) a minimum of two hours must relate to suicide risk assessment and safety planning every odd year; and

(b) a maximum of ten hours may be for:

(i) first-time preparation of a new course, in-service training workshop, or seminar which meets the criteria in (6); or

(ii) preparation time by the author or authors of a paper which meets the criteria in (6) that is published for the first time in a recognized professional journal, or given for the first time at a statewide or national professional meeting.

(5) Continuing education requirements will not apply until after the licensee's first renewal.

(6) Licensees are responsible for selecting quality programs that focus on protecting the health, safety, and welfare of the public and contribute to licensees' professional knowledge and competence. Acceptable CE activities:

(a) directly relate to the licensee's scope of practice as defined in board statute or rule;

(b) review existing concepts and techniques;

(d) update knowledge on the practice and advances in the profession; or

(e) reinforce professional conduct or ethical obligations of the licensee.

(7) The department may randomly audit up to 50 percent of renewed licensees.

(8) Licensees must maintain documentation of completed CE for three years and provide documentation to the board upon request. Documentation must include the following information:

(a) licensee name;

(b) course title and description of content;

(d) course date(s); and

(e) number of CE hours earned.

(9) Any CE hours required by disciplinary order do not apply toward the 20 hours that are required annually under this rule.

(10) A licensee may request an exemption from CE requirements due to hardship. Requests will be considered by the department.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-1-321, 37-39-103, MCA
History: NEW, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2026 MAR, Notice No. 2026-512, Eff. 8/22/26.

Mont. Admin. R. 24.219.436 Administrative Suspension

(1) The board authorizes the department to:

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department's licensee lookup and license verification databank.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-321, MCA
History: NEW, 2024 MAR p. 279, Eff. 2/10/24.

Subchapter 24.219.5 Application Procedures for Social Workers

Mont. Admin. R. 24.219.501 Lcsw, Lmsw, and Lbsw Education Requirements

(1) Applicants for LCSW, LMSW, and LBSW licensure must have a degree from a program accredited by the Council on Social Work Education.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-308, MCA
History: NEW, 1984 MAR p. 440, Eff. 3/16/84; AMD, 1988 MAR p. 169, Eff. 1/29/88; AMD, 1994 MAR p. 26, Eff. 12/24/93; AMD, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2009 MAR p. 2158, Eff. 11/13/09; AMD, 2011 MAR p. 2038, Eff. 9/23/11; AMD, 2014 MAR p. 2471, Eff. 10/10/14; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2021 MAR p. 1783, Eff. 12/11/21; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.502 EXAMINATION – LCSW, LMSW, and LBSW (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, 37-22-307, 37-22-308, MCA
Implementing statute(s): 37-1-131, 37-22-301, 37-22-307, 37-22-308, MCA
History: NEW, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.504 Lcsw, Lmsw, and Lbsw Supervised Work Experience Requirements

(1) LCSW applicants licensed after August 22, 2026, must complete a minimum of 3000 total hours of post-degree supervised work experience over a period of no less than 24 months.

(a) At least 1500 hours of the total 3000 hours must be in direct client contact.

(b) At least 100 hours must include individual or group supervision by a qualified supervisor. Of those 100 hours:

(i) at least 50 hours must be individual supervision and supervised face-to-face by a supervisor who is an LCSW; and

(ii) at least ten of the 50 hours must include direct observation of service delivery.

(2) LCSW candidates licensed prior to August 22, 2026, must complete a minimum of 3000 hours post-degree supervised work experience. At least 100 hours of the total 3000 hours must include individual or group supervision by a qualified supervisor.

(a) 50 hours must be individual supervision and supervised face-to-face by a supervisor who is an LCSW; and

(b) at least ten of the 50 hours must include direct observation of service delivery.

(3) LBSW applicants must complete a minimum of 500 total hours of post-degree supervised work experience over a period of no less than 18 months. Of those 500 hours:

(a) at least 50 hours must include individual or group supervision by a qualified supervisor; and

(b) at least ten of the 50 hours in (a) must be with the client populations that will be served by the LBSW candidate (see (6) for examples of client populations).

(4) LMSW applicants must complete a minimum of 1500 total hours of post-degree supervised work experience over a period of no less than 18 months. Of those 1500 hours:

(a) at least 75 hours must include individual or group supervision by a qualified supervisor; and

(b) at least 25 of the 75 hours in (a) must be with the client populations that will be served by the LMSW candidate (see (6) for examples of client populations).

(5) Supervisors must provide at least two hours of supervision for LCSW, LMSW, and LBSW candidates for every 160 hours of social work.

(6) A supervisor must have experience and expertise with the candidate's client population (e.g., child, adolescent, adult, chemically dependent/substance use disorder) and methods of practice (i.e., individual, group, family, crisis, or brief interventions).

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-307, 37-39-308, MCA
History: NEW, 1984 MAR p. 440, Eff. 3/16/84; AMD, 1988 MAR p. 169, Eff. 1/29/88; AMD, 1993 MAR p. 1325, Eff. 6/25/93; AMD, 1994 MAR p. 26, Eff. 12/24/93; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2009 MAR p. 2158, Eff. 11/13/09; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2026 MAR, Notice No. 2026-512, Eff. 8/22/26.

Mont. Admin. R. 24.219.505 Lcsw, Lmsw, and Lbsw Candidate License Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, 37-22-307, 37-22-308, MCA
Implementing statute(s): 37-1-131, 37-22-307, 37-22-308, 37-22-313, MCA
History: NEW, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2021 MAR p. 1783, Eff. 12/11/21; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.506 Social Worker Licensure Candidate Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-22-313, MCA
History: NEW, 2016 MAR p. 221, Eff. 2/6/16; REP, 2019 MAR p. 2371, Eff. 12/28/19.

Mont. Admin. R. 24.219.507 Social Worker Licensure Candidate Annual Registration Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-22-313, MCA
History: NEW, 2016 MAR p. 221, Eff. 2/6/16; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.508 Independent Practice – Lcsw, Lmsw, and Lbsw (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, 37-22-301, 37-22-307, 37-22-308, MCA
Implementing statute(s): 37-1-131, 37-22-201, 37-22-301, 37-22-307, 37-22-308, MCA
History: NEW, 2020 MAR p. 1517, Eff. 8/8/20; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.509 Inactive Status and Conversion from Inactive to Active Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-22-201, MCA
Implementing statute(s): 37-1-319, MCA
History: NEW, 1994 MAR p. 298, Eff. 2/11/94; AMD, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2009 MAR p. 2158, Eff. 11/13/09; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.512 Lcsw, Lmsw, and Lbsw License Requirements – Out-of-State Applicants (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-22-301, 37-22-307, 37-22-308, MCA
History: NEW, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2014 MAR p. 2471, Eff. 10/10/14; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2021 MAR p. 1783, Eff. 12/11/21; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.515 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-141, 37-22-201, MCA
Implementing statute(s): 37-1-141, MCA
History: NEW, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2016 MAR p. 221, Eff. 2/6/16.

Subchapter 24.219.6 Application Procedures for Professional Counselors

Mont. Admin. R. 24.219.601 Lcpc Education Requirements

(1) Applicants for a Montana single-state professional counseling license must have a degree that is primarily counseling in nature from:

(a) a Council for Accreditation of Counseling and Related Educational Programs (CACREP) clinical mental health accredited program that is at least 60 semester credits; or

(b) an accredited institution and a program that is at least 60 semester credits or 90 quarter credits and includes the CACREP clinical mental health core competencies, and CACREP professional practice standards for fieldwork and academic quality.

(2) In addition to the degree requirements in (1):

(a) the degree can only have a maximum of 12 post-baccalaureate graduate semester (18 quarter) credits or up to 20 semester (30 quarter) credits of a completed graduate counseling degree transferred from other institutions or programs; and

(b) credits earned during the degree program that were obtained more than six years prior to the date of graduation do not count toward the education requirements in this rule and 37-23-202(1) or (2), MCA.

(3) Applicants for licensure through the Interstate Counseling Compact with Montana as home state must meet licensure requirements per 37-23-104, MCA.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-309, MCA
History: NEW, 1986 MAR p. 662, Eff. 4/25/86; AMD, 1988 MAR p. 169, Eff. 1/29/88; AMD, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2009 MAR p. 2158, Eff. 11/13/09; AMD, 2011 MAR p. 2038, Eff. 9/23/11; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2021 MAR p. 1783, Eff. 12/11/21; AMD, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2026 MAR, Notice No. 2026-512, Eff. 8/22/26.

Mont. Admin. R. 24.219.602 Examination – Lcpc (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-23-202, MCA
History: NEW, 2019 MAR p. 2371, Eff. 12/28/19; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.603 Lcpc Education Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-23-202, MCA
History: NEW, 2016 MAR p. 221, Eff. 2/6/16; REP, 2019 MAR p. 2371, Eff. 12/28/19.

Mont. Admin. R. 24.219.604 Lcpc Supervised Work Experience Requirements

(1) Up to 1500 of the 3000 hours required in 37-39-309(2)(b), MCA, may be obtained pre-degree under the academic requirements of the degree program. In order to qualify as experience under this rule the hours must be approved by the graduate program.

(2) Any hours obtained post-degree must include 1000 hours direct client contact under face-to-face supervision in a clinical setting as defined in ARM 24.219.301. No more than 250 of those 1000 hours may be in a group or co-facilitative therapy situation.

(3) For all of the 3000 supervised work experience hours required under 37-39-309(2)(b), MCA, supervisors must provide at least one hour of face-to-face supervision and consultation for every 20 hours of professional counseling as defined in 37-39-102(11), MCA.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-307, 37-39-309, MCA
History: NEW, 1986 MAR p. 662, Eff. 4/25/86; AMD, 1989 MAR p. 319, Eff. 2/24/89; AMD, 1993 MAR p. 1325, Eff. 6/25/93; AMD, 1994 MAR p. 26, Eff. 12/24/93; AMD, 1997 MAR p. 986, Eff. 6/3/97; AMD, 2001 MAR p. 558, Eff. 4/6/01; AMD, 2003 MAR p. 14, Eff. 10/18/02; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2009 MAR p. 2158, Eff. 11/13/09; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.605 Lcpc Candidate License Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-23-213, MCA
History: NEW, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2021 MAR p. 1783, Eff. 12/11/21; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.606 Professional Counselor Licensure Candidate Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-23-213, MCA
History: NEW, 2016 MAR p. 221, Eff. 2/6/16; REP, 2021 MAR p. 1783, Eff. 12/11/21.

Mont. Admin. R. 24.219.607 Professional Counselor Licensure Candidate Annual Registration Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-23-213, MCA
History: NEW, 2016 MAR p. 221, Eff. 2/6/16; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.608 Additional Education Reporting – Lcpc (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-23-202, MCA
History: NEW, 2019 MAR p. 2371, Eff. 12/28/19; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.609 Inactive Status and Conversion from Inactive to Active Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-22-201, MCA
Implementing statute(s): 37-1-319, MCA
History: NEW, 1994 MAR p. 298, Eff. 2/11/94; AMD, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2009 MAR p. 2158, Eff. 11/13/09; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.612 Lcpc License Requirements – Out-of-State Applicants (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-23-202, MCA
History: NEW, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2014 MAR p. 2471, Eff. 10/10/14; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2021 MAR p. 1783, Eff. 12/11/21; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.615 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-134, 37-1-141, MCA
Implementing statute(s): 37-1-141, MCA
History: NEW, 1987 MAR p. 479, Eff. 5/1/87; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2016 MAR p. 221, Eff. 2/6/16.

Subchapter 24.219.7 Application Procedures for Marriage and Family Therapists

Mont. Admin. R. 24.219.701 Lmft Education Requirements

(1) Applicants must have a degree that:

(a) is a minimum of a master's degree in marriage and family counseling from a program accredited by the Council for the Accreditation of Counseling and Related Educational Programs (CACREP) or Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE); or

(b) is a minimum of a master's degree from an accredited institution consisting of a minimum of 60 semester hours or 90 quarter hours. Those hours must include a minimum of 48 semester hours or 72 quarter hours of courses in:

(i) foundations of relational/systemic practice, theories, and models;

(ii) biopsychosocial health and development across the life span;

(iii) clinical treatment with individuals, couples, and families;

(iv) ethics in marriage and family therapy;

(v) diverse, multicultural, and/or underserved communities; and

(vi) systemic/relational assessment and mental health diagnosis and treatment.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-311, MCA
History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.702 Examination – Lmft (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-37-201, MCA
History: NEW, 2019 MAR p. 2371, Eff. 12/28/19; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.703 Lmft Education Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-37-201, MCA
History: NEW, 2016 MAR p. 221, Eff. 2/6/16; REP, 2019 MAR p. 2371, Eff. 12/28/19.

Mont. Admin. R. 24.219.704 Lmft Supervised Work Experience Requirements

(1) Up to 500 of the 3000 hours required in 37-39-311, MCA, may be obtained pre-degree under the academic requirements of the degree program. In order to qualify as experience under this rule, the hours must be approved by the graduate program.

(2) Any work experience hours obtained post-degree must include:

(a) 25 individual hours, using a 20:1 ratio of client contact hours to supervision hours of which at least 75 percent are in individual supervision;

(b) group supervision consisting of no more than six candidates; and

(c) at least 1000 post-degree hours of client contact with a minimum of 50 percent of those hours providing services to couples and families. There must be a 20:1 ratio of client contact hours to supervision hours with:

(i) at least 40 hours of face-to-face supervision of which at least 38 hours are in individual supervision, and of which a minimum of 20 hours is earned with each supervisor; and

(ii) at least 25 hours of supervision involving raw clinical data, i.e., live observation in the therapy room or through a one-way mirror or live-feed camera, videotape, or audiotape.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-307, 37-39-311, MCA
History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2026 MAR, Notice No. 2026-512, Eff. 8/22/26.

Mont. Admin. R. 24.219.705 Lmft Candidate License Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-37-205, MCA
History: NEW, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.706 Marriage and Family Therapist Licensure Candidate Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-37-205, MCA
History: NEW, 2016 MAR p. 221, Eff. 2/6/16; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.707 Temporary Practice Permit

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-1-305, MCA
History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; AMD, 2016 MAR p. 221, Eff. 2/6/16; REP, 2019 MAR p. 2371, Eff. 12/28/19.

Mont. Admin. R. 24.219.708 Marriage and Family Therapist Licensure Candidate Annual Registration Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-37-205, MCA
History: NEW, 2016 MAR p. 221, Eff. 2/6/16; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.709 Application to Convert an Active Status License to an Inactive Status License and Conversion from Inactive to Active Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-1-319, 37-37-101, MCA
History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.712 Lmft Licenses – Out-of-State Applicants (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-37-201, MCA
History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2021 MAR p. 1783, Eff. 12/11/21; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.715 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-1-141, MCA
History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; REP, 2016 MAR p. 221, Eff. 2/6/16.

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-1-136, 37-1-316, 37-22-101, 37-22-201, 37-23-101, 37-37-101, MCA
History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; AMD, 2016 MAR p. 221, Eff. 2/6/16; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Authorizing statute(s): 37-38-202, MCA
Implementing statute(s): 37-38-202, MCA
History: NEW, 2018 MAR p. 444, Eff. 2/24/18; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.907 Cbhpss and Cfpss Requirements

(1) CBHPSS and CFPSS must receive a minimum of one hour of face-to-face supervision and consultation for every 20 hours of work experience. No more than 40 hours of work experience may transpire without receiving the required hours of supervision and/or consultation. Less frequent supervision may take place only with prior approval of the board.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-312, MCA
History: NEW, 2018 MAR p. 444, Eff. 2/24/18; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2025 MAR, Notice No. 2025-197, Eff. 12/6/25.

Mont. Admin. R. 24.219.912 Cbhpss Training Course and Examinations

(1) Board-approved training courses must include an examination that must be passed. The course must provide content including but not limited to:

(a) Substance Abuse and Mental Health Services Administration (SAMHSA) core competencies;

(b) boundaries and ethics;

(d) scope of practice;

(e) communication skills;

(f) self-care;

(g) suicide awareness;

(h) stages of change;

(i) trauma-informed care;

(j) cultural awareness;

(k) pathways of recovery;

(l) recovery story;

(m) clinical supervision;

(n) accessing community resources;

(o) emotional intelligence;

(p) supporting others in recovery;

(q) one-on-one session skills;

(r) support group facilitation; and

(s) recovery planning.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-312, MCA
History: NEW, 2018 MAR p. 444, Eff. 2/24/18; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.915 Cfpss Training Courses

(1) Board-approved training courses must be at least 40 hours in duration and include an examination that must be passed. The course must provide content including but not limited to:

(a) navigating resources and systems of care within the state of Montana;

(b) professional responsibilities and standards;

(c) regulatory requirements including mandatory reporting, confidentiality, clinical supervision, and continuing education;

(d) documentation;

(e) self-care;

(f) sharing lived experiences;

(g) ethics and boundaries;

(h) situational awareness;

(i) scope of practice;

(j) communication skills, trauma-informed support, and facilitating support groups;

(k) holistic family-centered support;

(l) wellness and recovery practices including but not limited to holistic approach model;

(m) individualized care;

(n) one-on-one support;

(o) strengths-based goal setting;

(p) cultural humility and respect;

(q) family-driven care;

(r) empowerment;

(r) advocacy;

(s) addressing stigma and discrimination;

(t) crisis intervention and safety planning; and

(u) knowledge of suicide risk, prevention, and intervention.

History

Authorizing statute(s): 37-39-312, MCA
Implementing statute(s): 37-39-312, MCA
History: NEW, 2025 MAR, Notice No. 2025-197, Eff. 12/6/25.

Mont. Admin. R. 24.219.916 Cbhpss Post-Certification Clinical Supervision Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-38-202, MCA
Implementing statute(s): 37-1-131, 37-38-202, MCA
History: NEW, 2018 MAR p. 444, Eff. 2/24/18; REP, 2019 MAR p. 2371, Eff. 12/28/19.

Mont. Admin. R. 24.219.921 Application to Convert an Active Status Certificate to an Inactive Status Certificate and Conversion from Inactive to Active Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-302, 37-1-319, MCA
History: NEW, 2018 MAR p. 444, Eff. 2/24/18; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.923 Cbhpss Certification Requirements – Out-of-State Applicants (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-38-202, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-38-202, MCA
History: NEW, 2018 MAR p. 444, Eff. 2/24/18; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.925 Code of Ethics

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-38-106, MCA
Implementing statute(s): 37-1-131, 37-1-136, 37-1-316, 37-38-106, MCA
History: NEW, 2018 MAR p. 444, Eff. 2/24/18; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.927 Continuing Education Hours and Credits

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-38-202, MCA
Implementing statute(s): 37-1-306, 37-1-319, 37-38-202, MCA
History: NEW, 2018 MAR p. 444, Eff. 2/24/18; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.929 Continuing Education Standards

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-38-202, MCA
Implementing statute(s): 37-1-306, 37-1-319, 37-38-202, MCA
History: NEW, 2018 MAR p. 444, Eff. 2/24/18; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.931 Reporting Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-38-202, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-38-202, MCA
History: NEW, 2018 MAR p. 444, Eff. 2/24/18; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.933 Continuing Education Noncompliance

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-38-202, MCA
Implementing statute(s): 37-1-131, 37-1-136, 37-1-306, 37-1-321, 37-38-202, MCA
History: NEW, 2018 MAR p. 444, Eff. 2/24/18; REP, 2019 MAR p. 339, Eff. 3/30/19.

Subchapter 24.219.10 Psychological Evaluations

Mont. Admin. R. 24.219.1001 General Use of Assessment and Testing Instruments

(1) The primary purpose of educational and psychological assessment is to provide measures that are objective and interpretable in either comparative or absolute terms. Licensees shall interpret the statements in this rule as applying to the whole range of appraisal techniques, including test and nontest data.

(2) Licensees shall promote the welfare and best interests of the client in the development, publication, and utilization of educational and psychological assessment results and interpretations, and take reasonable steps to prevent others from misusing the information these techniques provide. They shall respect the clients' rights to know the results of the interpretations made and the basis for their conclusions and recommendations.

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1002 Licensees Authorized to Perform Psychological Assessments

(1) Psychological assessments may be performed by the following individuals:

(a) an LCSW, LCPC, or LMFT who satisfies the requirements in ARM 24.219.1003(1), (3), (4), or (5);

(b) an LCSW, LCPC, or LMFT who satisfies the requirements in ARM 24.219.1003(1) and who is acting under the supervision of another licensee of the board specified in (1)(a);

(d) an LCSW, LCPC, or LMFT who satisfies the requirements in ARM 24.219.1003(1) and who is acting under the supervision of a licensed psychologist.

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2015 MAR p. 2276, Eff. 12/25/15; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1003 Educational Requirements for Performing Psychological Assessments Without Supervision

(1) Except as provided in (3), (4), and (5), an LCSW, LCPC, or LMFT may engage in psychological assessments without supervision only if the licensee has completed and can document to the board, if requested, the following information demonstrating generic and specific qualifications to perform psychological assessments:

(a) academic training at the graduate or postgraduate level from a regionally accredited program that covered:

(i) descriptive statistics;

(ii) reliability and measurement error;

(iii) validity and meaning of test scores;

(iv) normative interpretation of test scores;

(v) selection of appropriate tests;

(vi) test administration procedures;

(vii) ethnic, racial, cultural, gender, age, and linguistic variables; and

(viii) testing individuals with disabilities; and

(b) a signed statement from a professional qualified to supervise psychological assessments as set forth in ARM 24.219.1002(1)(a) or (c) that the supervised licensee has met the requirements to use psychological tests as set forth in this rule.

(2) For purposes of this rule, "regionally accredited program" means a program accredited by one of the seven regional accreditation agencies recognized by the United States Department of Education.

(3) A credentialing level designated and approved by statute for psychological assessments meets the requirements as set out in (1).

(4) A licensee whose education was not from a regionally accredited program must obtain board approval before conducting psychological assessments. The licensee must demonstrate their education is substantially equivalent to the content set out in (1).

(5) A licensee is qualified to perform psychological assessments and is not required to demonstrate that the licensee has met the qualifications set forth in (1) if the licensee performed psychological assessments prior to December 25, 2015.

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2015 MAR p. 2276, Eff. 12/25/15; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1004 Licensees Qualified to Supervise Psychological Assessments (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2015 MAR p. 2276, Eff. 12/25/15; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1005 Competence to Use and Interpret Assessment and Testing Instruments

(1) Licensees shall recognize the limits of their competence and perform only those testing and assessment services for which they have been trained. They shall be familiar with reliability, validity, related standardization, error of measurement, and proper application of any technique utilized.

(2) Licensees using computer-based test interpretations shall be trained in the construct being measured and the specific instrument being used, prior to using this type of computer application.

(3) Licensees shall take reasonable measures to ensure the proper use of psychological assessment techniques by persons under their supervision.

(4) Licensees are responsible for the appropriate selection, application, scoring, interpretation, and use of assessment instruments whether they score and interpret such tests themselves or use computerized or other services.

(5) Licensees responsible for decisions involving individuals or policies that are based on assessment results shall have a thorough understanding of educational and psychological measurement, including validation criteria, test research, and guidelines for test development and use.

(6) Licensees shall provide accurate information and shall not make false claims when making statements about assessment instruments or techniques.

(7) Licensees shall seek to identify and correct client misconceptions about assessment instruments or techniques and about the meaning of scores, charts, or graphs given to them as an assessment product. Special efforts shall be made to avoid unwarranted connotations of such terms as "IQ" and grade equivalent scores.

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1011 Informed Consent in the Use of Assessment and Testing Instruments

(1) Prior to assessment, licensees shall explain the nature and purposes of assessment and the specific use of results in language the client (or other legally authorized person on behalf of the client) can understand, unless an explicit exception to this right has been agreed upon in advance. Regardless of whether scoring and interpretation are completed by licensees, by assistants, or by computer or other outside services, licensees shall take reasonable steps to ensure that appropriate explanations are given to the client.

(2) The examinee's welfare, explicit understanding, and prior agreement shall determine the recipients of test results. Licensees shall include accurate and appropriate interpretations with any release of individual or group test results.

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1014 Release of Information to Competent Professionals of Assessment and Testing Instrument Results (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1017 Proper Diagnosis of Mental Disorders with the Use of Assessment and Testing Instruments (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1020 Test Selection in the Use and Interpretation of Assessment and Testing Instruments (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1023 Conditions of Test Administration When Using Assessment and Testing Instruments (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1026 Diversity When Using Assessment and Testing Instruments (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1029 Test Scoring and Interpretation When Using Assessment and Testing Instruments (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1032 Test Security When Using Assessment and Testing Instruments (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1035 Obsolete Tests and Outdated Test Results When Using Assessment and Testing Instruments (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1038 Test Construction for Assessment and Testing Instruments (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-17-104, MCA
Implementing statute(s): 37-17-104, MCA
History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

Subchapter 24.219.12 Parenting Plan Evaluations

Mont. Admin. R. 24.219.1201 Orienting Guidelines

(1) The purpose of the parenting plan evaluation regulations is to protect both the public, who are the consumers of services, and the licensees, who are the providers of services. These regulations intend to ensure competency of the provider and consistency of the procedures in child custody proceedings, pursuant to Title 40, chapter 4, MCA, Termination of Marriage, Child Custody, Support.

(2) The purpose of a parenting plan evaluation is to determine, to the extent possible, what is in the best interests of the child. The "fit" between each parent and the child or children is the central issue, not the diagnosis of each parent or of each child. If a parent or child shows any relevant mental, cognitive, physical, or other disorder, the implications of that disorder for the best interest of the child must be addressed.

(3) Two different parents showing very similar personalities and parenting styles might affect two different children in essentially different ways. It cannot be assumed that qualities generally admired by the population-at-large are necessarily those that make the better parent, or are in the best interests of the child. For example, factors such as which parent has the most money, the most friends, the largest house, is the most religious, the most physically active, has the most education, is home the most, lacks a history of diagnosis or treatment, and so on, may bear on the issue at hand, but are not the determining factors in and of themselves. How each factor supports the child's needs and well-being, or detracts from the child's needs and well-being, is a primary consideration. The intention of a parenting plan evaluation is to make a parenting recommendation that will support the child's development along the healthiest lines possible.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-103, MCA
History: NEW, 2011 MAR p. 2038, Eff. 9/23/11; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1205 Role of the Licensee

(1) In a parenting plan evaluation, the licensee shall maintain an unbiased, impartial role. The client is the child, and recommendations must be made which are in the best interests of the child. The licensee shall clarify with all parties, attorneys, and the court the nature of the licensee's role as an objective evaluator.

(a) The licensee shall act as an impartial evaluator of the parties, assessing relevant information, and informing and advising the court and other parties of the relevant factors pertaining to the parenting issue.

(b) The licensee shall remain impartial, regardless of whether the licensee is retained by the court or by a party to the proceeding, and regardless of whom is responsible for payment.

(c) If circumstances prevent the licensee from performing in an impartial role, the licensee shall attempt to withdraw from the case. (See ARM 24.219.1207)

(d) If the licensee is not able to withdraw, the licensee must reveal any factors that may bias the licensee's findings and/or compromise the licensee's objectivity.

(e) Communication with parents or attorneys must be conducted in such a manner as to avoid bias. The licensee must exercise discretion in informing parties or their attorneys of significant information that is gathered during the course of the evaluation. The licensee shall not communicate essential information to one party's attorney, without also communicating the information to the other party's attorney and to the guardian ad litem, if one is appointed.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-103, MCA
History: NEW, 2011 MAR p. 2038, Eff. 9/23/11; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1207 Dual Relationships

(1) The licensee shall avoid dual relationships and other situations which might produce a conflict of interest when performing parenting plan evaluations.

(a) The licensee shall not conduct a parenting plan evaluation in a case in which the licensee has served or can reasonably anticipate serving in a therapeutic role for the child or the child's immediate family, or has had other significant involvement; e.g., social, personal, business, or professional, that may compromise the licensee's objectivity.

(b) The licensee may not accept any of the involved participants in the parenting plan evaluation as therapy clients, either during or after the evaluation.

(c) The licensee who is asked to testify regarding a therapy client who is involved in a parenting plan case, shall be aware of the limitations and possible biases inherent in such a role and the possible impact on the ongoing therapeutic relationship. If required to testify, the licensee may not give an expert opinion regarding parenting plan issues, and shall limit the licensee's testimony to factual issues.

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-22-102, 37-22-201, 37-23-102, MCA
History: NEW, 2011 MAR p. 2038, Eff. 9/23/11.

Mont. Admin. R. 24.219.1209 Competency (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-22-102, 37-22-201, 37-23-102, MCA
History: NEW, 2011 MAR p. 2038, Eff. 9/23/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1211 Limits of Confidentiality

(1) Licensees shall inform all participants, including parents, children (when feasible), other family members, and third party contacts such as teachers, physicians, and child care providers, as to the limits of confidentiality, which can be expected with regard to any information they may provide to the licensee over the course of the evaluation.

(a) This includes the limits of confidentiality applicable to the general practice of social work or counseling, such as a duty to warn in instances of possible imminent danger to a participant or to others, or legal obligations to report suspected child or elder abuse, and also exceptions to confidentiality stemming from the specific requirements of a parenting plan evaluation, including:

(i) the potential need to disclose information provided by any participant to other participants, in order to obtain accounts of circumstances pertinent to the issues being evaluated;

(ii) the expectation of disclosure of relevant information provided by individual participants to the attorneys involved in the case, to the court, and to the guardian ad litem, if one has been appointed; and

(iii) the likely disclosure of the licensee's findings, professional opinions, and recommendations regarding the resolution of contested matters, which fall within the scope of the evaluation to parents, their attorneys, the court, and any other party, such as a guardian ad litem.

(2) Licensees shall obtain written waivers of confidentiality from the parents who are participating in the evaluation, encompassing all disclosures of information to other persons, including other participants in the evaluation, attorneys, and the court.

(3) Licensees shall take reasonable precautions in their handling of children's disclosures of abuse, neglect, or any other circumstances, when such disclosure may place the child at increased risk of physical or emotional harm. Licensees shall also recognize the right of any person accused of misconduct to respond to such allegations, while placing the highest priority on the safety and well-being of the child.

(4) Licensees shall recognize that disclosures of statements by abused spouses may pose special risks to the safety and well-being of persons who claim to be victims of domestic abuse. Prior to disclosure of such allegations to an alleged perpetrator or to other persons who may support, collude with, or otherwise increase the risk of abuse, the licensee shall inform the alleged victim that the disclosure will take place. If appropriate, information will be provided as to available community resources for protection, planning, and personal assistance, and counseling for victims of domestic abuse.

(5) Licensees shall provide judges, attorneys, and other appropriate parties with access to the results of the evaluation, but make reasonable efforts to avoid the release of notes, test booklets, structured interview protocols, and raw test data to persons untrained in their interpretation. If legally required to release such information to untrained persons, licensees shall first offer alternative steps, such as providing the information in the form of a report, or releasing the information to another licensee who is qualified in the interpretation of the data, and who will discuss or provide written interpretations of the data with the person(s) who are seeking the information.

(6) Licensees shall not agree to requests by participants in a parenting plan evaluation that information shared with the licensee be concealed.

(a) When such requests are made, the licensee shall clarify the requirements of the evaluation as regards to confidentiality, and may advise the participant to consult with the participant's attorney before proceeding with the evaluation.

(7) The licensee must ultimately respect the right of any participant to withhold information from the evaluation. Whether the refusal to provide information should itself be made known to others, it must be decided by the licensee, based on the relevance of such refusal to the issues before the court, in the particular case at hand.

(8) Licensees shall recognize the possibility that the need to disclose information obtained in the evaluation may limit the validity of data acquired during the evaluation, by inhibiting the free and complete disclosure of information by participants.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-103, MCA
History: NEW, 2011 MAR p. 2038, Eff. 9/23/11; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1213 Disclosure and Informed Consent

(1) Licensees shall obtain informed consents from parents involved in parenting plan evaluations and, to the extent feasible, inform children of significant aspects of the evaluation prior to conducting interviews, testing, or other data-gathering procedures. Disclosure of information to the parents shall include a thorough explanation of all major aspects of the evaluation, including:

(a) a general review of the purpose, nature, methods, scope, and limitations of a parenting plan evaluation, and the potential impact of the evaluation on the outcome of litigation;

(b) clarification as to who has requested the evaluation and who will receive verbal or written feedback as to the results and recommendations;

(c) the nature of data to be collected and potential uses to which that data will be put, including data from testing and structured interview protocols;

(d) the methods of assessing and collecting fees for professional services, including specification of who will be financially responsible for the evaluation, expectations as to the timing of payments, and policies related to the collection of unpaid fees; and

(e) the nature and limits of confidentiality, both as generally applicable to professional services, and as required by the nature of the evaluation. (See ARM 24.219.1211)

(2) Licensees shall inform the parents of the above elements and offer each parent the opportunity to discuss the proposed evaluation with an attorney before proceeding.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-103, MCA
History: NEW, 2011 MAR p. 2038, Eff. 9/23/11; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1215 Collection and Use of Data (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-22-102, 37-22-201, 37-23-102, MCA
History: NEW, 2011 MAR p. 2038, Eff. 9/23/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.1217 Documentation

(1) When licensees complete a parenting plan evaluation, they shall produce a written report of the findings and recommendations.

(2) Licensees shall retain all items presented to them or a copy thereof, that are used for consideration in formulating a professional opinion (e.g., videos, photos, etc.) as well as a copy of the final report.

(3) Licensees shall maintain clear and complete records.

(4) Licensees shall retain all releases of information signed by the parties.

(5) Licensees shall maintain adequate documentation of their contacts with clients and of the clinically significant information derived from these contacts.

(6) Licensees shall create and maintain documentation of all data that form the basis for their conclusions in the detail and quality that would be consistent with reasonable scrutiny in an adjudicative forum.

(7) Licensees shall make clear to all parties that the report may be altered at any time by the licensee, until the final decision of the court is made.

(8) Licensees shall make a reasonable effort to ensure that the court, attorneys, parents, and guardian ad litem, if any, receive the report at the same time.

(9) Licensees shall recognize that all items in the case file, other than copies of tests, raw test data, and computer-generated interpretive reports may be brought into the courtroom.

(10) Licensees shall recognize that all parenting plan evaluations and reports are highly sensitive material and discretion is necessary.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-103, MCA
History: NEW, 2011 MAR p. 2038, Eff. 9/23/11; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-1-136, 37-1-306, 37-1-316, 37-37-101, MCA
History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; REP, 2019 MAR p. 339, Eff. 3/30/19.

Authorizing statute(s): 37-1-319, 37-22-201, MCA
Implementing statute(s): 37-1-306, MCA
History: NEW, 1986 MAR p. 662, Eff. 4/25/86; AMD, 1988 MAR p. 169, Eff. 1/29/88; AMD, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; REP, 2019 MAR p. 339, Eff. 3/30/19.

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-306, MCA
History: NEW, 1987 MAR p. 479, Eff. 5/1/87; AMD, 1988 MAR p. 169, Eff. 1/29/88; AMD, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; REP, 2019 MAR p. 339, Eff. 3/30/19.

Subchapter 24.219.23 Unprofessional Conduct

Mont. Admin. R. 24.219.2301 Unprofessional Conduct and Code of Ethics – Lcsw, Lmsw, Lbsw, Lcpc, Lmft, Lac, Cbhpss, Cfpss, and Lcsw, Lmsw, Lbsw, Lcpc, Lmft, and Lac Candidates

(1) In addition to the provisions of 37-1-316, MCA, the following are unprofessional conduct.

(2) A licensee shall not:

(a) fail to respond to board inquiry or furnish information requested by the board, department investigators, or board representatives;

(b) commit any of the following boundary violations:

(i) provide services to a person with whom the licensee has had sexual contact at any time;

(ii) engage in or solicit sexual relations with a client or commit an act of sexual misconduct or a sexual offense if such act, offense, or solicitation is substantially related to the qualifications, functions, or duties of the licensee;

(iii) engage in sexual contact with a former client, within two years following termination of professional services. After two years, the licensee who engages in such activity following termination of professional services must demonstrate that there has been no exploitation, in light of all relevant factors, including:

(A) the amount of time that has passed since professional services terminated;

(B) the nature and duration of the professional services;

(D) the client's personal history;

(E) the client's current mental status;

(F) the likelihood of adverse impact on the client; and

(G) any statements or actions made by the licensee during the defined professional relationship suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the client;

(iv) solicit or engage in a sexual or intimate relationship with a client, a supervisee, client's family member, a client's household member, or other persons with whom a client has had a significant relationship;

(v) soliciting or engaging in sexual relations with the client of another licensee employed in the same program providing services;

(vi) condone or engage in sexual or other harassment;

(vii) engage in a dual relationship with a client or former client if the dual relationship has the potential to compromise the client's well-being, impair the licensee's objectivity and professional judgment, or creates or increases the risk of exploitation of the client. If a dual relationship arises as a result of unforeseeable and unavoidable circumstances, the licensee shall promptly take appropriate professional precautions. Appropriate professional precautions must ensure that the client's well-being is not compromised and that no exploitation occurs and should include consultation, supervision, documentation, or obtaining written informed consent of the client;

(viii) terminate a professional relationship for the purpose of beginning a personal or business relationship with a client;

(ix) participate in bartering, unless bartering is considered to be essential for the provision of services, negotiated without coercion, and entered into at the client's initiative and with the client's informed consent. Licensees who accept goods or services from clients as payment for professional services assume the full burden of demonstrating that this arrangement will not be detrimental to the client or the professional relationship;

(x) accept gifts or gratuities of significant monetary value or borrow money from a client or former client within two years after termination of services, except when this is a culturally accepted practice;

(xi) interfere with or encourage termination of any legitimate personal relationship of a client, or interfere with a therapeutic relationship of another professional;

(d) divide a fee or accept or give anything of value for receiving or making a referral;

(e) exploit, as defined in ARM 24.219.301, in any manner professional relationships;

(f) engage in conduct in the profession or occupation found to be a violation of the Montana Human Rights Act, Title 49, MCA;

(g) falsify, misrepresent, or fail to maintain supervision records as required by ARM 24.219.422;

(h) fail to appropriately supervise a licensure candidate, CBHPSS, CFPSS, or individual requiring supervision to perform a sexual offender evaluation under 37-1-139, MCA;

(i) recommend a client seek or discontinue prescribed medication, or fail to provide a supportive environment for a client who is receiving prescribed medication;

(j) engage in the practice when the licensee's license is inactive, has expired, is terminated, or has been suspended;

(k) violate federal or state law regulating the possession, distribution, or use of a controlled substance, as defined by Title 50, chapter 32, MCA;

(l) be convicted of driving while under the influence of alcohol or drugs (DUI), or criminal possession of dangerous drugs at any time after issuance of a license, and within the two years preceding an application for licensure;

(m) perform or supervise psychological assessments if not qualified to do so;

(n) perform or supervise parenting plan evaluations without specialized training, education, and experience in the areas of assessment of children and adults, child and family development, child and family psychopathology, and the impact of divorce on families ; or

(o) practice independently as an LMSW or LBSW.

(3) All licensees shall:

(a) provide clients with accurate and complete information regarding the extent and nature of the services available to them, including the purpose and nature of any evaluation, treatment, or other procedures, and of the client's right to freedom of choice regarding services provided;

(b) terminate services and professional relationships with clients when such services and relationships are no longer required or where a conflict of interest exists;

(d) notify clients promptly and seek the transfer, referral, or continuation of services pursuant to the client's needs and preferences if termination or interruption of services is anticipated;

(e) attempt to make appropriate referrals pursuant to the client's needs;

(f) obtain informed written consent of the client or the client's legal guardian prior to the client's involvement in any research project of the licensee that might identify the client or place them at risk;

(g) obtain informed written consent of the client or the client's legal guardian prior to taping, recording, or permitting third-party observation of the client's activities that might identify the client or place them at risk;

(h) except where required by law or court order, safeguard information provided by clients, and make reasonable efforts to limit access to client information in an agency setting to those staff whose duties require access;

(i) disclose to and obtain written acknowledgement from the client or prospective client as to the fee to be charged for professional services, and/or the basis upon which the fee will be calculated;

(j) make and maintain records of services provided to a client. At a minimum, the records shall contain:

(i) documentation verifying the identity of the client;

(ii) documentation of the assessment and/or diagnosis;

(iii) documentation of each session;

(iv) documentation of a plan, documentation of any revision of the assessment or diagnosis or of a plan;

(v) documentation of discharge summary;

(vi) any fees charged and other billing information; and

(vii) copies of all client authorization for release of information and any other legal forms pertaining to the client. These records shall be maintained by the licensee or agency employing the licensee under secure conditions and for time periods in compliance with applicable federal or state law, but in no case for fewer than seven years after the last date of service.

(4) In addition to (2) and (3), CBHPSS are subject to the following standards.

(a) CBHPSS shall:

(i) conduct themselves in a way that fosters their own recovery and take personal responsibility to seek support and manage their wellness;

(ii) as mandatory reporters, report abuse to appropriate authorities and supervisors;

(iii) disclose any pre-existing relationships, sexual or otherwise, to supervisor(s) prior to providing services to that individual; and

(iv) report risk of imminent harm to self or others to the proper authorities and to their supervisor. When reporting, the minimum amount of information necessary will be given to maintain confidentiality.

(b) CBHPSS shall not:

(i) engage or offer advice on the matters of diagnosis, treatment, or medications to the client; or

(ii) engage in or promote behaviors or activities that would jeopardize the CBHPSS's recovery or the recovery of those they serve.

(5) In addition to (2) and (3), CFPSS are subject to the following standards.

(a) CFPSS shall:

(i) conduct themselves in a way that fosters their own wellness and take personal responsibility to seek support and manage their wellness;

(ii) as mandatory reporters, report abuse to appropriate authorities and supervisors;

(iii) disclose any pre-existing relationships, sexual or otherwise, to supervisor(s) prior to providing services to that individual; and

(b) CFPSS shall not:

(i) engage or offer advice on the matters of diagnosis, treatment, or medications to the client; or

(ii) engage in or promote behaviors or activities that would jeopardize the CFPSS’s wellness or the wellness of those they serve.

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-139, 37-1-319, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-1-136, 37-1-139, 37-1-316, 37-1-319, 37-39-103, MCA
History: NEW, 1989 MAR p. 755, Eff. 6/16/89; AMD, 1994 MAR p. 298, Eff. 2/11/94; AMD, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2009 MAR p. 2158, Eff. 11/13/09; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2021 MAR p. 1920, Eff. 12/24/21; AMD, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2025 MAR, Notice No. 2025-197, Eff. 12/6/25.

Mont. Admin. R. 24.219.2305 Unprofessional Conduct for Professional Counselors

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, MCA
History: NEW, 1986 MAR p. 662, Eff. 4/25/86; AMD, 1994 MAR p. 298, Eff. 2/11/94; AMD, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2009 MAR p. 2158, Eff. 11/13/09; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.2309 Unprofessional Conduct for Marriage and Family Therapists

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-22-201, MCA
Implementing statute(s): 37-1-131, 37-1-136, 37-1-316, 37-37-101, MCA
History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Subchapter 24.219.24 Complaint Procedures

Mont. Admin. R. 24.219.2401 Complaint Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-22-201, MCA
Implementing statute(s): 37-1-308, 37-1-309, MCA
History: NEW, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2014 MAR p. 2471, Eff. 10/10/14; REP, 2016 MAR p. 221, Eff. 2/6/16.

Mont. Admin. R. 24.219.2404 Screening Panel (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-22-201, MCA
Implementing statute(s): 37-1-307, MCA
History: NEW, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2016 MAR p. 221, Eff. 2/6/16; REP, 2024 MAR p. 279, Eff. 2/10/24.

(d) 15 hours in ethics for counselors;

(e) 30 hours in alcohol and drug studies;

(f) 30 hours in addiction treatment planning and documentation;

(g) 15 hours in multicultural competency (knowledge of and sensitivity to the cultural factors and needs of diverse populations and demonstrates competency in applying culturally relevant skills);

(h) 15 hours in co-occurring disorders; and

(i) 15 hours in gambling/gaming disorder assessment and counseling.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-310, MCA
History: NEW, 1998 MAR p. 1408, Eff. 5/29/98; AMD, 2000 MAR p. 2963, Eff. 10/27/00; TRANS, from Commerce, 2008 MAR p. 380; AMD, 2013 MAR p. 1688, Eff. 9/20/13; AMD, 2016 MAR p. 1457, Eff. 8/20/16; TRANS from ARM 24.154.407, 2019 MAR p. 207, Eff. 2/23/19; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2021 MAR p. 1783, Eff. 12/11/21; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.5007 Lac License Requirements – Out-of-State Applicants (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-35-103, 37-35-202, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-35-103, 37-35-202, MCA
History: NEW, 1998 MAR p. 1408, Eff. 5/29/98; AMD, 2000 MAR p. 2963, Eff. 10/27/00; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, 2008 MAR p. 380; AMD and TRANS from ARM 24.154.421, 2013 MAR p. 1688, Eff. 9/20/13; AMD, 2016 MAR p. 1457, Eff. 8/20/16; TRANS from ARM 24.154.408, 2019 MAR p. 207, Eff. 2/23/19; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2021 MAR p. 1783, Eff. 12/11/21; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.5008 Lac Supervised Work Experience Requirements

(1) Supervised work experience hours obtained post-degree or certification must include:

(a) a minimum of seven months and 1000 hours of supervised work experience hours in an addiction counseling qualified treatment program as defined in ARM 24.219.5010; and

(b) the criteria for supervised work experience in ARM 24.219.301.

(2) As part of the required hours in (1) at least 500 hours must be in the following skill areas:

(a) screening, minimum of 30 hours;

(b) assessment/patient placement, minimum of 100 hours;

(d) referrals, minimum of 20 hours;

(e) case management, minimum of 50 hours;

(f) individual counseling, minimum of 60 hours;

(g) group counseling, minimum of 100 hours;

(h) client education, minimum of 35 hours;

(i) documentation, minimum of 35 hours;

(j) professional and ethical responsibilities, minimum of 10 hours; and

(k) multicultural competency, minimum of 10 hours.

(3) The 1000 hours of supervised work experience must be completed in not more than two different qualified treatment programs.

(4) Supervision must occur in a 20:1 ratio of client contact hours to supervision , and must include group supervision, individual supervision, and 10 hours of direct observation.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-310, MCA
History: NEW, 1998 MAR p. 1408, Eff. 5/29/98; TRANS, from Commerce, 2008 MAR p. 380; AMD, 2013 MAR p. 1688, Eff. 9/20/13; AMD, 2014 MAR p. 118, Eff. 1/17/14; AMD, 2016 MAR p. 1457, Eff. 8/20/16; TRANS from ARM 24.154.409, 2019 MAR p. 207, Eff. 2/23/19; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.5009 Supervisor Qualifications

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-35-103, MCA
Implementing statute(s): 37-35-103, 37-35-202, MCA
History: NEW, 2016 MAR p. 1457, Eff. 8/20/16; TRANS from ARM 24.154.412, 2019 MAR p. 207, Eff. 2/23/19; REP, 2019 MAR p. 2371, Eff. 12/28/19.

Mont. Admin. R. 24.219.5010 Qualified Treatment Program

(1) Qualified treatment programs include those addiction treatment programs where candidates may obtain supervised work experience based on nationally recognized patient placement criteria. Criteria for these treatment settings may include settings that provide the basis for a continuum of care for patients with addictions and settings that include any level of care as defined by American Society of Addiction Medicine (ASAM) in The ASAM Criteria: Treatment Criteria for Addictive, Substance-Related, and Co-Occurring Conditions (Third Edition).

(2) Qualified treatment programs for supervised work experience are:

(a) settings with a primary focus in licensed addiction counseling;

(b) Joint Commission on Accreditation of Healthcare Organizations (JCAHO), Commission on Accreditation of Rehabilitation Facilities (CARF), or Council on Accreditation (COA) approved settings;

(d) organized licensed addiction counseling settings within branches of the armed forces of veterans' administration hospitals;

(e) licensed healthcare facilities using the DSM or ASAM in the provisions of care; and

(f) organized group practice setting (two or more licensed addiction counselors in a defined, conjoint practice). The work setting must have the capacity to provide multidisciplinary supervision.

(3) Qualified treatment programs must have a direct referral relationship for the provision of:

(a) detoxification services;

(b) medical services;

(d) psychiatric consultations; and

(e) psychological consultations.

(4) Qualified treatment programs must demonstrate the individualized treatment plans including:

(a) problem formulations;

(b) goals;

(d) progress notes; and

(e) regular reviews of plans at specified times by a designated treatment team.

History

Authorizing statute(s): 37-1-131, 37-39-103, MCA
Implementing statute(s): 37-1-131, 37-39-310, MCA
History: NEW, 2016 MAR p. 1457, Eff. 8/20/16; TRANS from ARM 24.154.413, 2019 MAR p. 207, Eff. 2/23/19; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2024 MAR p. 279, Eff. 2/10/24; AMD, 2026 MAR, Notice No. 2026-512, Eff. 8/22/26.

Mont. Admin. R. 24.219.5011 Nonresident Licensed Addiction Counselor Services

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-35-103, MCA
Implementing statute(s): 37-35-201, MCA
History: NEW, 1998 MAR p. 1408, Eff. 5/29/98; TRANS, from Commerce, 2008 MAR p. 380; AMD, 2013 MAR p. 1688, Eff. 9/20/13; AMD, 2016 MAR p. 1457, Eff. 8/20/16; TRANS from ARM 24.154.420, 2019 MAR p. 207, Eff. 2/23/19; REP, 2019 MAR p. 2371, Eff. 12/28/19.

Mont. Admin. R. 24.219.5012 Inactive Status and Conversion from Inactive to Active Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-35-103, MCA
Implementing statute(s): 37-1-319, 37-35-103, MCA
History: NEW, 2013 MAR p. 1688, Eff. 9/20/13; AMD, 2016 MAR p. 1457, Eff. 8/20/16; TRANS from ARM 24.154.422, 2019 MAR p. 207, Eff. 2/23/19; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.5013 Lac Candidate License Requirements (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-35-103, 37-35-202, MCA
Implementing statute(s): 37-1-131, 37-35-103, 37-35-202, MCA
History: NEW, 2016 MAR p. 1457, Eff. 8/20/16; TRANS from ARM 24.154.501, 2019 MAR p. 207, Eff. 2/23/19; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2021 MAR p. 1783, Eff. 12/11/21; REP, 2024 MAR p. 279, Eff. 2/10/24.

Mont. Admin. R. 24.219.5014 Addiction Counselor Licensure Candidate Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-35-103, MCA
Implementing statute(s): 37-35-103, 37-35-202, MCA
History: NEW, 2016 MAR p. 1457, Eff. 8/20/16; TRANS from ARM 24.154.504, 2019 MAR p. 207, Eff. 2/23/19; REP, 2019 MAR p. 2371, Eff. 12/28/19.

Mont. Admin. R. 24.219.5015 Addiction Counselor Licensure Candidate Annual Registration Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-35-103, MCA
Implementing statute(s): 37-35-103, 37-35-202, MCA
History: NEW, 2016 MAR p. 1457, Eff. 8/20/16; TRANS from ARM 24.154.507, 2019 MAR p. 207, Eff. 2/23/19; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.5016 Continuing Education Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-35-103, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-35-103, MCA
History: NEW, 1998 MAR p. 1408, Eff. 5/29/98; TRANS, from Commerce, 2008 MAR p. 380; AMD, 2013 MAR p. 1688, Eff. 9/20/13; AMD, 2016 MAR p. 1457, Eff. 8/20/16; TRANS from ARM 24.154.2105, 2019 MAR p. 207, Eff. 2/23/19; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.5017 Course Criteria

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-35-103, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-35-103, MCA
History: NEW, 1998 MAR p. 1408, Eff. 5/29/98; TRANS, from Commerce, 2008 MAR p. 380; AMD, 2013 MAR p. 1688, Eff. 9/20/13; TRANS from ARM 24.154.2106, 2019 MAR p. 207, Eff. 2/23/19; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.5018 Continuing Education Procedures and Documentation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-35-103, MCA
Implementing statute(s): 37-1-104, 37-1-131, 37-1-306, 37-1-319, 37-35-103, MCA
History: NEW, 1998 MAR p. 1408, Eff. 5/29/98; AMD, 2000 MAR p. 2963, Eff. 10/27/00; AMD, 2006 MAR p. 1583, Eff. 7/1/06; TRANS, from Commerce, 2008 MAR p. 380; AMD, 2013 MAR p. 1688, Eff. 9/20/13; AMD, 2016 MAR p. 1457, Eff. 8/20/16; TRANS from ARM 24.154.2107, 2019 MAR p. 207, Eff. 2/23/19; AMD, 2019 MAR p. 339, Eff. 3/30/19; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.5019 Unprofessional Conduct

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-35-103, 37-35-301, MCA
Implementing statute(s): 37-1-316, 37-1-319, 37-35-103, MCA
History: NEW, 1998 MAR p. 1914, Eff. 7/17/98; TRANS, from Commerce, 2008 MAR p. 380; AMD, 2013 p. 1688, Eff. 9/20/13; AMD, 2014 MAR p. 118, Eff. 1/17/14; AMD, 2016 MAR p. 1457, Eff. 8/20/16; TRANS from ARM 24.154.2301, 2019 MAR p. 207, Eff. 2/23/19; REP, 2020 MAR p. 1517, Eff. 8/8/20.

Mont. Admin. R. 24.219.5020 Examination – Lac (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-35-103, 37-35-202, MCA
Implementing statute(s): 37-1-131, 37-35-103, 37-35-202, MCA
History: NEW, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2021 MAR p. 1783, Eff. 12/11/21; REP, 2024 MAR p. 279, Eff. 2/10/24.

Chapter 24.222 Board of Speech-Language Pathologists and Audiologists

Subchapter 24.222.1 Organizational Rule

Mont. Admin. R. 24.222.101 Board Organization (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 3/7/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2004 MAR p. 2284; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.222.2 Procedural Rules

Mont. Admin. R. 24.222.201 Procedural Rules (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 3/7/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2004 MAR p. 2284; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Mont. Admin. R. 24.222.202 Public Participation (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1980 MAR p. 970, Eff. 3/14/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2004 MAR p. 2284; AMD, 2023 MAR p. 300, Eff. 3/25/23; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.222.3 Definitions

Mont. Admin. R. 24.222.301 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-15-202, 37-15-301, MCA
Implementing statute(s): 37-1-131, 37-15-102, 37-15-202, 37-15-301, 37-15-303, 37-15-313, MCA
History: NEW, Eff. 3/7/76; AMD, 1981 MAR p. 363, Eff. 4/17/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 274, Eff. 4/1/83; AMD, 1999 MAR p. 408, Eff. 3/12/99; TRANS, from Commerce, 2004 MAR p. 2284; AMD, 2006 MAR p. 2413, Eff. 10/6/06; AMD, 2008 MAR p. 385, Eff. 2/29/08; AMD, 2017 MAR p. 2079, Eff. 11/10/17; AMD, 2018 MAR p. 2306, Eff. 11/17/18; REP, 2023 MAR p. 1751, Eff. 12/9/23.

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-417, Eff. 12/20/25; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Authorizing statute(s): 37-1-131, 37-15-303, MCA
Implementing statute(s): 37-1-304, 37-15-303, MCA
History: NEW, 2023 MAR p. 1751, Eff. 12/9/23; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Authorizing statute(s): 37-1-131, 37-15-202, MCA
Implementing statute(s): 37-1-131, 37-15-102, 37-15-313, 37-15-314, MCA
History: NEW, 2013 MAR p. 1833, Eff. 10/18/13; AMD, 2018 MAR p. 2306, Eff. 11/17/18; REP, 2023 MAR p. 1751, Eff. 12/9/23.

Authorizing statute(s): 37-1-131, 37-15-202, MCA
Implementing statute(s): 37-1-131, 37-15-102, 37-15-202, 37-15-314, 37-15-315, MCA
History: NEW, 2014 MAR p. 1266, Eff. 6/13/14; AMD, 2017 MAR p. 1401, Eff. 8/19/17; REP, 2023 MAR p. 1751, Eff. 12/9/23.

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-306, MCA
History: NEW, 2023 MAR p. 1751, Eff. 12/9/23; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.222.23 Unprofessional Conduct

Mont. Admin. R. 24.222.2301 Unprofessional Conduct

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-15-202, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, 37-15-202, MCA
History: NEW, 1989 MAR p. 2194, Eff. 12/22/89; AMD, 1996 MAR p. 2976, Eff. 11/8/96; TRANS, from Commerce, 2004 MAR p. 2284; AMD, 2006 MAR p. 2413, Eff. 10/6/06; AMD, 2013 MAR p. 1833, Eff. 10/18/13; AMD, 2017 MAR p. 2079, Eff. 11/10/17; REP, 2023 MAR p. 1751, Eff. 12/9/23.

Mont. Admin. R. 24.222.2305 Unprofessional Conduct (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-319, 37-15-202, MCA
Implementing statute(s): 37-1-316, 37-1-319, 37-15-202, MCA
History: NEW, 2023 MAR p. 1751, Eff. 12/9/23; REP, 2026 MAR, Notice No. 2026-148, Eff. 7/25/26.

Subchapter 24.222.24 Complaint Procedures

Mont. Admin. R. 24.222.2401 Complaint Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-15-202, MCA
Implementing statute(s): 37-1-308, 37-1-309, MCA
History: NEW, 1996 MAR p. 2976, Eff. 11/8/96; TRANS, from Commerce, 2004 MAR p. 2284; REP, 2017 MAR p. 1401, Eff. 8/19/17.

Mont. Admin. R. 24.222.2402 Screening Panel

(1) The board screening panel shall consist of:

(a) one speech-language pathologist who has served longest on the board;

(b) one audiologist who has served longest on the board; and

(2) The presiding officer may reappoint screening panel members, or replace screening panel members as necessary at the presiding officer's discretion.

History

Authorizing statute(s): 37-1-136, 37-15-202, MCA
Implementing statute(s): 37-1-307, 37-15-201, MCA
History: NEW, 1996 MAR p. 2976, Eff. 11/8/96; TRANS, from Commerce, 2004 MAR p. 2284; AMD, 2018 MAR p. 2306, Eff. 11/17/18.

Chapter 24.225 Board of Veterinary Medicine

Subchapter 24.225.1 Organizational Rule

Mont. Admin. R. 24.225.101 Board Organization

(1) The Board of Veterinary Medicine adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 775, Eff. 6/28/85; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.225.2 Procedural Rules

Mont. Admin. R. 24.225.201 Procedural Rules

(1) The Board of Veterinary Medicine adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 775, Eff. 6/28/85; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Mont. Admin. R. 24.225.202 Public Participation

(1) The Board of Veterinary Medicine adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, 1978 MAR p. 612, Eff. 4/25/78; TRANS, from Dept. of Prof & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 775, Eff. 6/28/85; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2023 MAR p. 300, Eff. 3/25/23.

Subchapter 24.225.3 Definitions

Mont. Admin. R. 24.225.301 Definitions

(1) "Animal" means any member of the animal kingdom other than humans, whether living or dead.

(2) "Approved euthanasia and restraint drugs" means those substances as defined in 37-18-602, MCA, and ARM 24.225.930 which are approved by the board for euthanizing animals under subchapter 9 of these rules.

(3) "Attorney-in-fact" means the individual given power of attorney by a certified euthanasia agency as designated on the agency's DEA permit application.

(4) "Drug Enforcement Administration" or "DEA" means the United States Department of Justice agency responsible for enforcing narcotics laws.

(5) "Emergency" means any instance in which an animal has a condition that threatens its life and immediate treatment is required to sustain life.

(6) "Encounter" means an in-person visit, telephone conversation, or any telehealth interactions between the licensee and a client.

(7) "For remuneration or hire" means direct or indirect payment for the services rendered. This includes not only monetary payments but also payment by giving or receiving of material goods or services.

(8) "LVT" means a licensed veterinary technician under Title 37, chapter 18, MCA.

(9) "Occasional case" means the practice of veterinary medicine in this state no more than three days in any calendar year by a veterinarian actively licensed and in good standing in another state or jurisdiction who is supervised by a veterinarian licensed in this state. As per 37-18-104, MCA, veterinarians meeting this definition are exempt from licensing requirements.

(10) "Patient" means any animal or group of animals receiving veterinary care from a licensee.

(11) "Support personnel" means any unlicensed person employed by a licensed veterinarian who assists a licensed veterinarian in the practice of veterinary medicine.

(12) "Veterinarian/client/patient relationship" or "VCPR" exists when:

(a) both the veterinarian and client acknowledge the veterinarian has assumed the responsibility for making clinical judgments regarding the health of the animal(s) and the need for medical treatment, and the client has agreed to allow the veterinarian to assume that responsibility;

(b) the veterinarian has sufficient knowledge of the animal(s) to initiate at least a general or preliminary diagnosis of the medical condition of the animal(s). This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal(s) by:

(i) virtue of a physical examination of the animal(s); or

(ii) medically appropriate and timely visits to the premises where the animal(s) are kept; and

(c) the veterinarian is available for follow-up evaluation in the event of adverse reactions or failure of the treatment regimen or the veterinarian has made reasonable arrangements for follow-up care.

History

Authorizing statute(s): 37-18-202, 37-18-603, 37-18-701, MCA
Implementing statute(s): 37-18-102, 37-18-104, 37-18-603, 37-18-701, MCA
History: NEW, Eff. 5/5/77; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 464, Eff. 2/13/98; AMD, 1999 MAR p. 411, Eff. 3/12/99; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2006 MAR p. 766, Eff. 3/24/06; AMD, 2018 MAR p. 1281, Eff. 7/7/18; AMD, 2020 MAR p. 1633, Eff. 8/29/20; AMD, 2022 MAR p. 1742, Eff. 9/10/22; AMD, 2024 MAR p. 84, Eff. 1/13/24.

Subchapter 24.225.4 General Provisions

Mont. Admin. R. 24.225.401 Fee Schedule

(1) Veterinarians

(a) Renewal of license $145

(b) Application for examination 200

(d) Temporary permit 75

(2) Embryo transfer technicians

(a) Application 100

(b) Examination 450

(3) Euthanasia technicians and agencies

(a) Technician application 80

(b) Technician renewal 145

(d) Agency renewal 257

(e) Agency inspection 200

(4) Veterinary technician

(a) application 150

(b) renewal 50

(5) Veterinary dispensing technician

(a) application 35

(b) renewal 35

(6) Additional standardized fees are specified in ARM 24.101.403.

(7) All fees are nonrefundable.

History

Authorizing statute(s): 37-1-134, 37-18-202, 37-18-603, 37-18-701, 37-18-806, MCA
Implementing statute(s): 37-1-134, 37-1-141, 37-1-304, 37-1-305, 37-18-302, 37-18-603, 37-18-701, 37-18-806, MCA
History: NEW, 1980 MAR p. 1189, Eff. 4/11/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1047, Eff. 5/14/82; AMD, 1988 MAR p. 1523, Eff. 7/15/88; AMD, 1991 MAR p. 2030, Eff. 11/1/91; AMD, 1995 MAR p. 2800, Eff. 12/22/95; AMD, 1996 MAR p. 2579, Eff. 10/4/96; AMD, 1996 MAR p. 3214, Eff. 12/20/96; AMD, 1999 MAR p. 1126, Eff. 5/21/99; AMD, 2004 MAR p. 1324, Eff. 6/4/04; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2008 MAR p. 633, Eff. 4/11/08; AMD, 2009 MAR p. 2483, Eff. 12/25/09; AMD, 2011 MAR p. 1151, Eff. 6/24/11; AMD, 2013 MAR p. 1443, Eff. 8/9/13; AMD, 2013 MAR p. 1443, Eff. 8/9/13; AMD, 2022 MAR p. 1742, Eff. 9/10/22; AMD, 2024 MAR p. 84, Eff. 1/13/24.

Mont. Admin. R. 24.225.403 Fee Abatement

(1) The Board of Veterinary Medicine adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA
History: NEW, 2006 MAR p. 766, Eff. 3/24/06.

Mont. Admin. R. 24.225.405 Support Personnel

(1) Support personnel shall work under the supervision of a veterinarian licensed and residing in Montana, who is responsible for the services performed by the support personnel. Support personnel shall not diagnose, initiate treatment, perform surgery, prescribe medicine, prognosticate or accept a direct fee for services rendered as support personnel. Support personnel may only administer anesthesia when the supervising veterinarian is physically present.

(2) The supervising veterinarian is responsible for determining the competency of the support personnel to perform animal health care tasks delegated to the support personnel. In addition, the supervising veterinarian shall be responsible for making all decisions relative to the diagnosis, treatment, management and future disposition of the animal patient.

(a) When the supervising veterinarian is on the premises, the veterinarian shall examine the animal patient before delegating any tasks to support personnel;

(b) When the supervising veterinarian is not on the premises, the veterinarian must instruct support personnel by radio or telephone as to the appropriate action to take. These instructions are to be recorded in writing by the support personnel in the animal patient's file and initialed and dated by the supervising veterinarian within 24 hours.

(3) A veterinary support person may, under the general authority and at the responsibility of his/her veterinary employer, render emergency care to a patient without direct authorization when it would appear that to delay treatment and care for the time necessary to send the animal to another practitioner would be life threatening. Such care may be rendered only after reasonable efforts have been made to contact the employing veterinarian or another veterinarian who could manage the case within allowable time constraints.

History

Authorizing statute(s): 37-18-202, MCA
Implementing statute(s): 37-18-104, MCA
History: NEW, 1998 MAR p. 464, Eff. 2/13/98; TRANS, from Commerce, 2005 MAR p. 323.

Mont. Admin. R. 24.225.406 Substantial Equivalency

(1) The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Veterinary Medicine publication. The publication is available on the board’s website.

(2) The board intends to review the publication annually. However, failure to review or adopt a new list does not change the effectiveness of the adoption in this rule.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-304, MCA
History: NEW, 2025 MAR, Notice No. 2025-347, Eff. 12/6/25.

Mont. Admin. R. 24.225.425 Nonroutine Applications

(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.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2008 MAR p. 633, Eff. 4/11/08; AMD, 2017 MAR p. 191, Eff. 2/4/17; AMD, 2018 MAR p. 1281, Eff. 7/7/18; AMD, 2021 MAR p. 556, Eff. 5/15/21.

Mont. Admin. R. 24.225.427 Applicants with Criminal Convictions

(1) The board incorporates ARM 24.101.406 by reference with the following modifications:

(a) Nonviolent misdemeanor convictions involving animals in (5)(a) are routine if the conviction date is more than four years before the application date, unless the applicant is still in custody due to the conviction; and

(b) Nonviolent felony convictions involving animals in (5)(b) are routine if the conviction date is more than ten years before the application date, unless the applicant is still in custody due to the conviction.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-101, 37-1-131, MCA
History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

Subchapter 24.225.5 Veterinarian Licensing

Mont. Admin. R. 24.225.501 Temporary Permits

(1) An applicant for licensure as a veterinarian by examination may apply for a temporary permit if the applicant has met all the requirements in ARM 24.225.503 with the exception of passage of the national licensing examination.

(2) Applicants must:

(a) submit a completed application on forms provided by the department. Completed applications include appropriate fees and required documentation;

(b) provide verification the applicant is scheduled to take the national examination described in ARM 24.225.504; and

(c) be supervised by a veterinarian licensed in Montana. The supervising veterinarian is responsible for the standard of care provided by the temporary licensee.

(3) Any temporary permit holder who fails the national examination must notify the board immediately. Failure of the examination automatically voids the temporary practice permit. The applicant may retake the examination, but another temporary permit will not be issued.

(4) A temporary permit is valid for six months. An extension may be granted by the board for a verifiable and rational reason.

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-305, 37-1-319, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 1189, Eff. 4/11/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 775, Eff. 6/28/85; AMD, 1996 MAR p. 2579, Eff. 10/4/96; AMD, 1998 MAR p. 464, Eff. 2/13/98; AMD, 2000 MAR p. 2303, Eff. 8/25/00; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2008 MAR p. 633, Eff. 4/11/08; AMD, 2009 MAR p. 2483, Eff. 12/25/09; AMD, 2018 MAR p. 1281, Eff. 7/7/18.

Mont. Admin. R. 24.225.502 Occasional Case Exemption

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-18-202, MCA
Implementing statute(s): 37-18-104, MCA
History: NEW, 2006 MAR p. 766, Eff. 3/24/06; REP, 2018 MAR p. 1281, Eff. 7/7/18.

Mont. Admin. R. 24.225.503 Veterinarian License Requirements – Original Applicants

(1) Applicants for licensure not currently licensed in another state or jurisdiction must submit a completed application on forms provided by the department electronically or by paper. Completed applications include appropriate fees and required documentation.

(2) Applicants must meet the following education requirements:

(a) have graduated from a school of veterinary medicine accredited or approved by the American Veterinary Medical Association (AVMA) Council on Education. A transcript evidencing graduation must be certified and sent directly from the school or the American Association of Veterinary State Boards (AAVSB); or

(b) if graduated from a foreign veterinary school not accredited by the AVMA Council on Education, proof of completion of either of the following certification programs which must be sent directly from the source:

(i) the American Veterinary Medical Association's Education Commission for Foreign Veterinary Graduates (ECFVG); or

(ii) the AAVSB Program for the Assessment of Veterinary Education Equivalence (PAVE).

(3) In addition to the requirements in (1) and (2), the applicant must:

(a) have passed the national exam as described in ARM 24.225.504 within 62 months of the application date. Test results must be sent directly to the board from the testing agency or AAVSB;

(b) pass the state jurisprudence exam as described in ARM 24.225.504; and

(4) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.

History

Authorizing statute(s): 37-1-131, 37-18-202, MCA
Implementing statute(s): 37-1-131, 37-18-302, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 1189, Eff. 4/11/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1047, Eff. 5/14/82; AMD, 1983 MAR p. 1663, Eff. 11/11/83; AMD, 1986 MAR p. 948, Eff. 5/30/86; AMD, 1996 MAR p. 2579, Eff. 10/4/96; AMD, 1998 MAR p. 464, Eff. 2/13/98; AMD, 2000 MAR p. 2303, Eff. 8/25/00; AMD, 2003 MAR p. 1288, Eff. 6/27/03; AMD, 2004 MAR p. 327, Eff. 2/13/04; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2008 MAR p. 633, Eff. 4/11/08; AMD, 2009 MAR p. 2483, Eff. 12/25/09; AMD, 2011 MAR p. 1151, Eff. 6/24/11; AMD, 2018 MAR p. 1281, Eff. 7/7/18.

Mont. Admin. R. 24.225.504 Veterinarian Examinations

(1) Veterinarian applicants must pass the national North American Veterinary Licensing Examination (NAVLE) or its successor unless (2) applies.

(a) An applicant may not take the NAVLE or its successor more than five times unless approved by the board.

(b) An applicant may not take the NAVLE or its successor more than five years after the initial attempt date unless approved by the board.

(d) Any attempt(s) to pass the exam prior to fall 2007 will not count toward the five-attempt limit.

(2) Veterinarian applicants who took the national exam prior to 2000 must have passed one of the following:

(a) the National Board Examination and the Clinical Competency Test with a converted score of 70 or greater as received by the board from the official score reporting agency; or

(b) the National Board Examination with a converted score of 70 or greater and have been licensed on the basis of a competency (not jurisprudence) examination by a veterinary board under the laws of another state of the United States or a Canadian province.

(3) In addition to passing the applicable examination as described in (1) or (2), all applicants must pass a jurisprudence examination prescribed by the board covering the statutes and rules governing the practice of veterinary medicine in Montana.

(a) Applicants must pass the jurisprudence examination with a score of 90 percent or greater.

(b) Any applicant who fails the jurisprudence examination may retake the examination.

History

Authorizing statute(s): 37-1-131, 37-18-202, MCA
Implementing statute(s): 37-1-131, 37-18-302, MCA
History: NEW, 1980 MAR p. 1189, Eff. 4/11/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 948, Eff. 5/30/86; AMD, 1996 MAR p. 2579, Eff. 10/4/96; AMD, 1996 MAR p. 3214, Eff. 12/20/96; AMD, 2000 MAR p. 2303, Eff. 8/25/00; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2009 MAR p. 2483, Eff. 12/25/09; AMD, 2011 MAR p. 1151, Eff. 6/24/11; AMD, 2018 MAR p. 1281, Eff. 7/7/18.

Mont. Admin. R. 24.225.506 Military Training or Experience

(1) Pursuant to 37-1-145, MCA, the board shall accept relevant military training, service, or education toward the requirements for licensure as veterinarians, embryo transfer technicians, and euthanasia technicians.

(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;

(d) military reserves.

(3) An applicant must submit satisfactory evidence of receiving military training, service, or education that is equivalent to relevant licensure requirements as veterinarians, embryo transfer technicians, and euthanasia technicians. Satisfactory evidence includes:

(a) a copy of the applicant's military discharge document (DD 214 or other discharge documentation);

(4) The board shall consider all documentation received to determine whether an applicant's military training, service, or education is equivalent to relevant licensure requirements.

History

Authorizing statute(s): 37-1-145, MCA
Implementing statute(s): 37-1-145, MCA
History: NEW, 2014 MAR p. 1273, Eff. 6/13/14.

Mont. Admin. R. 24.225.507 Veterinarian License Requirements – Out-of-State Applicants

(1) Applicants for licensure currently licensed in another state or jurisdiction must submit a completed application on forms provided by the department, electronically or by paper. Completed applications include appropriate fees and required documentation.

(2) Applicants must:

(a) hold a current, active license in good standing to practice veterinary medicine in another state or jurisdiction; and

(b) meet all the licensing requirements described in ARM 24.225.503, with the exception that the national examination does not have to have been passed within 62 months prior to the date of application.

(3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.

History

Authorizing statute(s): 37-1-131, 37-18-202, MCA
Implementing statute(s): 37-1-304, 37-18-302, MCA
History: NEW, 1995 MAR p. 2800, Eff. 12/22/95; AMD, 1996 MAR p. 2579, Eff. 10/4/96; AMD, 2000 MAR p. 2303, Eff. 8/25/00; AMD, 2002 MAR p. 1984, Eff. 7/26/02; AMD, 2004 MAR p. 327, Eff. 2/13/04; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2006 MAR p. 766, Eff. 3/24/06; AMD, 2008 MAR p. 633, Eff. 4/11/08; AMD, 2009 MAR p. 2483, Eff. 12/25/09; AMD, 2018 MAR p. 1281, Eff. 7/7/18.

Mont. Admin. R. 24.225.510 Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-141, 37-18-202, MCA
Implementing statute(s): 37-1-141, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 1189, Eff. 4/11/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 775, Eff. 6/28/85; AMD, 1989 MAR p. 1195, Eff. 8/18/89; AMD, 1996 MAR p. 2579, Eff. 10/4/96; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2017 MAR p. 191, Eff. 2/4/17.

Mont. Admin. R. 24.225.511 Continuing Education

(1) Veterinarians and LVTs are required to obtain a total of 20 continuing education (CE) hours prior to renewal on November 1 of even-numbered years. The 20 hours must be obtained during the 24-month period prior to renewal in even-numbered years.

(a) No more than ten of the 20 hours may be obtained through online courses.

(b) Practice management CE hours may not exceed 25 percent of the total hours required.

(2) Continuing education requirements will not apply until the licensees' first full year of licensure. Licensees licensed less than two years but more than one year are required to have ten CE hours prior to renewal.

(3) Licensees are responsible for selecting quality programs that focus on protecting the health, safety, and welfare of the public and contribute to veterinarians' professional knowledge and competence. Acceptable CE activities:

(a) directly relate to the scope of practice of veterinary medicine as defined in board statutes and rules;

(b) review existing concepts and techniques;

(d) update knowledge on the practice and advances in veterinary medicine; and/or

(e) reinforce professional conduct or ethical obligations of the licensee.

(4) All licensees shall affirm an understanding of their recurring duty to comply with CE requirements as a part of annual license renewal.

(5) The board may randomly audit up to 50 percent of renewed licensees' CE hours.

(6) All CE must be documented to show proof of completion. The licensee is responsible for maintaining these records for one year following the renewal cycle reporting period and for making those records available upon board request. Documentation must include the following information:

(a) licensee name;

(b) course title and description of content;

(d) course date(s); and

(e) number of CE hours earned.

(7) Licensees found to be in noncompliance with CE requirements may be subject to administrative suspension. Licensees may not apply CE hours used to complete delinquent CE requirements for the next education reporting period.

(8) Any CE hours required by disciplinary order do not apply toward the 20 hours that are required annually under this rule.

(9) A licensee may request a hardship exemption from CE requirements due to certified illness or undue hardship. Requests will be considered by the board.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-1-321, MCA
History: NEW, Eff. 4/5/76; AMD, 1978 MAR p. 1332, Eff. 8/25/78; AMD, 1979 MAR p. 154, Eff. 2/16/79; AMD, 1980 MAR p. 1189, Eff. 4/11/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 775, Eff. 6/28/85; AMD, 1989 MAR p. 1195, Eff. 8/18/89; AMD, 1991 MAR p. 2030, Eff. 11/1/91; AMD, 1996 MAR p. 2579, Eff. 10/4/96; AMD, 1999 MAR p. 411, Eff. 3/12/99; AMD, 2003 MAR p. 1288, Eff. 6/27/03; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2008 MAR p. 633, Eff. 4/11/08; AMD, 2009 MAR p. 2483, Eff. 12/25/09; AMD, 2014 MAR p. 1092, Eff. 5/23/14; AMD, 2018 MAR p. 1281, Eff. 7/7/18; AMD, 2022 MAR p. 1742, Eff. 9/10/22.

Mont. Admin. R. 24.225.513 Continuing Education Instructors

(1) "Instructs" as used in 37-18-102, MCA, does not apply to individuals who present continuing education courses, in the state of Montana, which meet board requirements for approved continuing education.

History

Authorizing statute(s): 37-1-319, 37-18-202, MCA
Implementing statute(s): 37-1-306, 37-18-102, MCA
History: NEW, 2009 MAR p. 2483, Eff. 12/25/09; AMD, 2018 MAR p. 1281, Eff. 7/7/18.

Mont. Admin. R. 24.225.514 Patient Medical Records and Recordkeeping

(1) Patient medical records shall be maintained for every animal accepted and treated by a veterinarian as:

(a) an individual patient; and

(b) every animal group (e.g., herd, litter, flock).

(2) Patient medical records:

(a) must be maintained for a minimum of three years after the last visit by the patient;

(b) are the property of the practice and the practice owner where the records were prepared;

(d) must be maintained and stored in an orderly, legible manner for easy retrieval by the veterinarian;

(e) must be safeguarded against loss, tampering, or use by unauthorized persons, readily available; and

(f) must contain sufficient information to permit any authorized veterinarian to proceed with the care and treatment of the patient by reading the medical record.

(3) In no case do the requirements in this rule eliminate the requirement to maintain drug records as specified by state and federal law and other rules in this chapter.

(4) Veterinarians may substitute the words "herd," "flock," or other collective term in place of the word "patient" when appropriate.

(5) Patient medical records may be kept in a daily log or in the billing records, provided the records meet the requirements of this rule.

(6) Patient medical records must include, but are not limited to the following:

(a) patient identification, including description, sex (if readily determinable), breed, and age;

(b) presenting complaint and relevant patient history;

(d) a record of every encounter and consultation regarding the patient;

(e) results of any part of a physical examination, including but not limited to weight, temperature, pulse, and respiration, and condition;

(f) all written records and notes, radiographs, sonographic images, video recordings, photographs, or other imaging and laboratory reports, including diagnostic and laboratory tests or techniques utilized, and the results of each;

(g) diagnosis or tentative diagnosis;

(h) treatments or intended treatment plans, or both, including:

(i) medications; and

(ii) all medications administered, dispensed, or prescribed including dosage amounts and frequency for both inpatient and outpatient care;

(i) when pertinent, a prognosis; and

(j) any authorizations, details of conversations, releases, waivers, discharge instructions, or other related documents.

(7) Veterinarians shall indicate by recognizable means on each patient's medical record any treatment the veterinarian has performed, or which the veterinarian has directed support personnel to perform.

(8) All radiographs referenced in (6) shall be permanently labeled to identify:

(a) the veterinarian or business name of the practice;

(b) the patient;

(d) date the radiograph was taken; and

(e) anatomical orientation of the radiograph.

(9) Information within patient medical records is privileged and confidential, and may not be released to anyone except the following:

(a) owner of the patient;

(b) persons authorized by the owner;

(d) as required by (12).

(10) Information within patient medical records must be released upon consent of the owner or authorized person(s). Consent may be in written, electronic, or other form of waiver, and must be documented in the patient's medical record. Confidentiality is waived under the conditions of (12).

(11) When requested by the owner or person(s) authorized by the owner as per (9), copies or summaries of the veterinary medical records and images must be provided by the veterinarian within a reasonable time period and as promptly as required by medical necessity. The veterinary practice may charge a reasonable fee for the preparation of summaries and copying of the records and images.

(12) Veterinary medical information may be disclosed without consent of the owner or person(s) authorized by the owner as follows:

(a) when required by court order or subpoena;

(b) when the owner has made the veterinarian's care and treatment an issue in civil or criminal proceedings;

(d) upon request of public health officials, animal health officials, federal, state, or local officials, or agricultural authorities when it is deemed necessary to protect the welfare of the animal, and/or to protect public health and safety; or

(e) in response to a complaint filed with the board.

(13) A veterinarian may retain an animal or refuse to release records for failure to pay veterinary bills.

(14) A veterinarian-practice owner terminating practice, retiring, relocating, or selling a practice shall:

(a) notify clients within 30 days by local newspaper, in writing, or via electronic means that they are no longer available to patients;

(b) offer clients the opportunity to obtain a copy of their veterinary records; and

(15) A veterinarian may not remove, copy, or use any part of any patient medical records without the express permission of the practice owner or per (9) and (10).

(16) If a veterinarian, based upon the veterinarian's medical opinion, is willing to dispense medication the veterinarian must also provide a prescription in place of said medication should the owner request a prescription.

History

Authorizing statute(s): 37-1-131, 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, MCA
History: NEW, 1999 MAR p. 1509, Eff. 7/2/99; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2014 MAR p. 1092, Eff. 5/23/14; TRANS, from ARM 24.225.410, 2018 MAR p. 1281, Eff. 7/7/18; AMD, 2020 MAR p. 1633, Eff. 8/29/20.

Mont. Admin. R. 24.225.515 Forfeiture of License and Restoration

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-18-202, MCA
Implementing statute(s): 37-18-307, MCA
History: NEW, 1980 MAR p. 1189, Eff. 4/11/80; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 775, Eff. 6/28/85; TRANS, from Commerce, 2005 MAR p. 323; REP, 2006 MAR p. 1583, Eff. 7/1/06.

Mont. Admin. R. 24.225.520 Management of Infectious Wastes

(1) Each veterinarian licensed by the board shall store, transport off the premises, and dispose of infectious wastes, as defined in 75-10-1003, MCA, in accordance with the requirements set forth in 75-10-1005, MCA.

History

Authorizing statute(s): 37-1-131, 37-18-202, 75-10-1006, MCA
Implementing statute(s): 75-10-1006, MCA
History: NEW, 1994 MAR p. 1993, Eff. 7/22/94; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2008 MAR p. 633, Eff. 4/11/08; TRANS, from ARM 24.225.415, 2018 MAR p. 1281, Eff. 7/7/18.

Mont. Admin. R. 24.225.521 Inspection and Sanitation

(1) The board may perform, or have performed in its behalf, inspections of any licensed veterinarian's premises to verify standards of sanitation and cleanliness in the public interest subsequent to a complaint being filed or during an investigation.

(2) The premises inspection may include but is not limited to office and reception area, practice vehicle, small and large animal exam room, housing and surgery areas, waste disposal, insect control, grounds, and odor.

History

Authorizing statute(s): 37-1-131, 37-18-202, MCA
Implementing statute(s): 37-1-131, 37-18-102, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 1189, Eff. 4/11/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2014 MAR p. 1092, Eff. 5/23/14; TRANS, from ARM 24.225.420, 2018 MAR p. 1281, Eff. 7/7/18.

Mont. Admin. R. 24.225.550 Unprofessional Conduct

(1) The board defines unprofessional conduct as follows:

(a) failing to provide care in a competent and humane manner consistent with prevailing standards of practice for the species of animal and the professed area of expertise of the veterinarian or LVT. Licensees must meet the currently accepted standards of practice for the profession of veterinary medicine as described under:

(i) Title 37, chapter 18, MCA;

(ii) ARM Title 24, chapter 225; and

(iii) as otherwise found to be accepted within the profession as gauged by the reasonable conduct of other professionals engaged in the practice of veterinary medicine;

(b) failure to respond to a request from the board, including:

(i) not furnishing any papers or documents in the possession of and under the control of the licensee related to a complaint; or

(ii) not furnishing in writing a full and complete explanation covering the matter contained in a complaint;

(c) practice beyond the scope of practice encompassed by the license except when reasonably undertaken in an emergency situation to protect life, health, or property;

(d) cruel or inhumane treatment of animals;

(e) abandoning, neglecting, or otherwise physically abusing a patient once the licensed veterinarian has undertaken treatment of the patient;

(f) violation of professional ethical standards by making public false or misleading negative information about another veterinarian or LVT's professional standing or reputation;

(g) identifying oneself as a member of an American Veterinary Medical Association (AVMA)-recognized specialty organization or any other specialty veterinary association if such certification has not been awarded and maintained, or using terms implying a specialty in a false and misleading manner;

(h) failure to disclose records in accordance with ARM 24.225.514;

(i) failure to report to the proper authorities cruel or inhumane treatment to animals, if the licensee has direct knowledge of the cruel or inhumane treatment;

(j) failure to refer if a client requests a referral.

(2) In addition to the provisions outlined in (1), it is unprofessional conduct for a licensed veterinarian to:

(a) dispense or prescribe a veterinary prescription drug or veterinary feed directive drug without a valid VCPR;

(b) offer, undertake, or agree to cure or treat disease or affliction by a secret method, procedure, treatment, or the treating, operating, or prescribing for any health condition by a method, means, or procedure that the licensee refuses to divulge upon demand from the board;

(c) fail to obtain the client's consent before placing an animal under anesthesia, perform any surgical procedure, or transport the animal to another facility, except in emergency situations;

(d) fail to adequately supervise LVTs and support personnel.

(3) In addition to the provisions outlined in (1), it is unprofessional conduct for an LVT to:

(a) practice beyond the scope of practice described in ARM 24.225.602, including the following:

(i) failing to adequately follow direction of a licensed supervising veterinarian;

(ii) undertaking procedures or performing treatment that has not been authorized by the licensed supervising veterinarian;

(iii) undertaking procedures or perform treatment that the LVT is not trained for or competent to perform;

(iv) dispensing a veterinary prescription drug or veterinary feed directive drug without a valid VCPR established by a licensed veterinarian; and

(v) failing to obtain the client's consent before placing an animal under anesthesia, performing any procedure, or transporting the animal to another facility, except in emergency situations;

(b) offer, undertake, or agree to cure or treat disease or affliction by a secret method, procedure, treatment, or the treating, for any health condition by a method, means, or procedure that the licensee refuses to divulge upon demand from the board;

(c) supervise or direct support personnel to perform veterinary medicine health care tasks which have not been ordered by the licensed veterinarian.

(4) In addition to 37-18-804, MCA, it is unprofessional conduct for a veterinary dispensing technician to:

(a) dispense a product without consulting with the prescribing veterinarian regarding questions and/or other needs for clarification;

(b) alter prescriptions or other records which the law requires; and

History

Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-18-202, MCA
Implementing statute(s): 37-1-131, 37-1-136, 37-1-316, 37-1-319, 37-18-309, MCA
History: NEW, 1989 MAR p. 1195, Eff. 8/18/89; AMD, 1996 MAR p. 2579, Eff. 10/4/96; AMD, 1999 MAR p. 411, Eff. 3/12/99; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2008 MAR p. 633, Eff. 4/11/08; AMD, 2014 MAR p. 1092, Eff. 5/23/14; AMD, 2017 MAR p. 191, Eff. 2/4/17; AMD, 2020 MAR p. 1633, Eff. 8/29/20; AMD, 2022 MAR p. 1742, Eff. 9/10/22; AMD, 2024 MAR p. 84, Eff. 1/13/24.

Subchapter 24.225.6 Veterinary Technician License

Mont. Admin. R. 24.225.601 Veterinary Technician License Requirements–original Applicants

(1) Applicants must meet the following education requirements:

(a) be a graduate of a program accredited by the American Veterinary Medical Association (AVMA); or

(b) demonstrate a minimum of 4500 hours of experience equivalent to that of a licensed veterinary technician per 37-18-701, MCA.

(2) Applicants must pass the Veterinary Technician National Exam (VTNE).

(3) Applicants must pass the jurisprudence examination prescribed by the board covering the statutes and rules governing the practice of veterinary medicine in Montana:

(a) applicants must pass the jurisprudence examination with a score of 90 percent or greater;

(b) applicants that fail the exam three times may submit a written request to the board to retake the exam for a fourth time.

History

Authorizing statute(s): 37-18-701, MCA
Implementing statute(s): 37-18-701, MCA
History: NEW, 2022 MAR p. 1742, Eff. 9/10/22; AMD, 2026 MAR, Notice No. 2026-90, Eff. 9/5/26.

Mont. Admin. R. 24.225.602 Lvt Scope of Practice–supervision

(1) Under immediate supervision, an LVT may perform:

(a) placement of abdominal, thoracic, or percutaneous endoscopic gastrostomy (PEG) tubes;

(b) placement of epidural and intraosseous catheters;

(2) Under direct supervision, an LVT may perform:

(a) induction of general anesthesia;

(b) non-emergency endotracheal intubation;

(d) dental procedures including:

(i) the removal of calculus, soft deposits, plaque, and stains;

(ii) polishing of teeth;

(iii) suturing a gingival incision;

(e) blood or blood component collection, preparation, and administration for transfusion or blood banking purposes;

(f) placement of tubes including, but not limited to, gastric, nasogastric, and nasoesophageal;

(g) application of casts, splints, and slings for the immobilization of fractures;

(h) fluid aspiration from a body cavity or organ (i.e., cystocentesis, thoracocentesis, abdominocentesis);

(i) suturing of an existing surgical skin incision .

(3) Under indirect supervision, an LVT may perform:

(a) administration of controlled substances, unless prohibited by government regulations, including administration of controlled substances for the purposes of euthanasia, following current American Veterinary Medical Association (AVMA) guidelines for evaluating euthanasia methods;

(b) imaging including, but not limited to, radiography, ultrasonography, computed tomography, magnetic resonance imaging, and fluoroscopy and the administration of radio-opaque agents/materials;

(c) collection of urine by bladder expression, catheterization (unobstructed), and insertion of an indwelling urinary catheter;

(d) monitoring including, but not limited to, electrocardiogram (ECG), blood pressure, carbon dioxide (CO2), and blood oxygen saturation;

(e) laser therapy and animal rehabilitation therapies;

(f) ocular tonometry, Schirmer tear test, and fluorescein stain application;

(g) application of splints and slings for the temporary immobilization of fractures;

(h) general sedation, maintenance, and recovery.

History

Authorizing statute(s): 37-18-102, 37-18-104, 37-18-702, MCA
Implementing statute(s): 37-18-102, 37-18-104, 37-18-702, MCA
History: NEW, 2022 MAR p. 1742, Eff. 9/10/22.

Subchapter 24.225.7 Embryo Transfer

Mont. Admin. R. 24.225.701 Definitions - Limitation on Practice

(1) For the purposes of these embryo transfer rules, the phrase "nonsurgical embryo transfer" means the procedure of the removal of ova or embryos from a donor bovine animal and subsequent implantation of the embryos into a surrogate mother bovine animal, including the follow-up verification of pregnancy status.

(2) The practice of nonsurgical embryo transfer involves basic knowledge, skills and abilities in manual rectal palpation, synchronization and stimulation with hormones, administration of local anesthetics, flushing with lab media, use of microscopes, freezing and thawing of embryos, catheterizing animals, administration of antibiotics and grading of embryos.

(3) Permissible practices and procedures that may be performed by embryo transfer technicians are limited to those that fall within the scope of nonsurgical embryo transfer, as defined in this rule.

History

Authorizing statute(s): 37-18-202, MCA
Implementing statute(s): 37-18-104, MCA
History: NEW, 1991 MAR p. 2030, Eff. 11/1/91; TRANS, from Commerce, 2005 MAR p. 323.

Mont. Admin. R. 24.225.704 Application Requirements and Qualifications for Certification

(1) Applications for certification as embryo transfer technician (ETT) shall be made on forms provided by the department.

(2) Applications shall include:

(a) a current photograph of the applicant certified by a notary;

(b) certified transcripts verifying the required education sent directly from the college or university attended; and

(c) an original form signed by the applicant and a veterinarian licensed to practice and residing in this state in which the veterinarian agrees to supervise the possession and administration of specific drugs necessary for embryo transfer procedures.

(3) Applicants must be at least 18 years of age and have successfully completed at least six semester hours of 300 level reproductive physiology and endocrinology courses from accredited colleges or universities.

(4) Applicants shall submit a completed application with the proper fee as set forth in ARM 24.225.401 and supporting documents to the board office no later than August 1 to be eligible for the fall examination.

(5) An application shall remain active for two years from the date the application is received at the board office. An applicant who, for any reason, fails or neglects to complete the licensing process within two years shall be required to file another application and submit another application fee.

History

Authorizing statute(s): 37-18-202, MCA
Implementing statute(s): 37-18-104, MCA
History: NEW, 1991 MAR p. 2030, Eff. 11/1/91; AMD, 1994 MAR p. 1993, Eff. 7/22/94; AMD, 1996 MAR p. 2579, Eff. 10/4/96; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2008 MAR p. 633, Eff. 4/11/08; AMD, 2009 MAR p. 2483, Eff. 12/25/09.

Mont. Admin. R. 24.225.706 Certification Examinations and Reexaminations

(1) Certification examinations will consist of a written examination and a practical examination.

(2) Examinations will be administered at times and places designated by the board in advance.

(3) The written examination will test the applicants' knowledge of reproductive physiology, embryology, endocrinology, pharmacology, grading of embryos, freezing and storing of embryos and export regulations.

(a) The passing score on the written examination will be 70 percent overall.

(4) The practical examination will test the applicants' knowledge and skills in administration of epidural blocks, catheterization, use of pipettes, and palpation.

(a) Practical examinations will be graded on a pass-fail basis.

(5) If an applicant fails either the written examination or the practical examination, he or she must pay the required examination fee and retake the entire examination, both written and practical.

(6) There will be no limit on the number of times an applicant may retake the examination to qualify for certification.

History

Authorizing statute(s): 37-18-202, MCA
Implementing statute(s): 37-18-104, MCA
History: NEW, 1991 MAR p. 2030, Eff. 11/1/91; TRANS, from Commerce, 2005 MAR p. 323.

Mont. Admin. R. 24.225.709 Continuing Education

(1) Nonsurgical embryo transfer technicians are required to obtain a total of ten continuing education (CE) hours prior to renewal on November 1.

(2) No more than five of the ten hours may be obtained through online courses.

(3) Continuing education requirements will not apply until after the licensee's first renewal.

(4) Licensees are responsible for selecting quality programs that focus on protecting the health, safety, and welfare of the public and contribute to nonsurgical embryo transfer technicians' professional knowledge and competence. Acceptable CE activities:

(a) directly relate to the scope of practice of nonsurgical embryo transfer as defined in board statutes and rules;

(b) review existing concepts and techniques;

(d) update knowledge on the practice and advances in nonsurgical embryo transfer; and/or

(e) reinforce professional conduct or ethical obligations of the licensee.

(5) All licensees shall affirm an understanding of their recurring duty to comply with CE requirements as a part of annual license renewal.

(6) The board may randomly audit up to 50 percent of renewed licensees.

(7) All CE must be documented to show proof of completion. The licensee is responsible for maintaining these records for one year following the renewal cycle reporting period and for making those records available upon board request. Documentation must include the following information:

(a) licensee name;

(b) course title and description of content;

(d) course date(s); and

(e) number of CE hours earned.

(8) Licensees found to be in noncompliance with CE requirements may be subject to administrative suspension. Licensees may not apply CE hours used to complete delinquent CE requirements for the next education reporting period.

(9) Any CE hours required by disciplinary order do not apply toward the ten hours that are required annually under this rule.

(10) A licensee may request a hardship exemption from CE requirements due to certified illness or undue hardship. Requests will be considered by the board.

History

Authorizing statute(s): 37-1-319, MCA
Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, 37-1-319, MCA
History: NEW, 1991 MAR p. 2030, Eff. 11/1/91; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2008 MAR p. 633, Eff. 4/11/08; AMD, 2009 MAR p. 2483, Eff. 12/25/09; AMD, 2020 MAR p. 1633, Eff. 8/29/20.

Mont. Admin. R. 24.225.715 Record Keeping

(1) Embryo transfer technicians must make and maintain the following records related to embryo transfers.

(a) For each donor insemination, a written record of the permanent identification or registration name and registration number of the male whose semen is used. The embryo transfer technician must use his records compiled under this rule when completing forms for, or providing data to, breed associations and others.

(b) For each donor collection, a written record showing:

(i) permanent identification or registration name and registration number of each female from which embryos were recovered;

(ii) date of recovery of each embryo;

(iii) the number of transferable embryos recovered, including stage and grade as established by the International Embryo Transfer Society (IETS) ;

(iv) identification of each recipient to which embryos were transferred;

(v) date of transfer of each embryo; and

(vi) complete records of all embryos divided.

(i) all frozen embryos must be labeled and graded in keeping with the standardized procedures of IETS;

(ii) an inventory record of all frozen embryos in storage must be maintained; and

(iii) a record of all divided embryos in storage must be maintained in such a manner that animals that result from divided embryos can be identified on applications for their respective registration, if necessary.

(d) For embryo transfer technicians who purchase and sell embryos, complete records of the embryo transactions at the time of sale, including, but not limited to, date of sale of all embryo sales, together with the name and address of the purchaser, the permanent identification and breed of the recipient and the identity of the embryo transferred.

(e) For embryo transfer technicians maintaining recipient herds:

(i) the identity of all recipients at the time acquired;

(ii) the date each animal was acquired;

(iii) the name and address of the person or firm from whom it was acquired;

(iv) the official health record, including brucellosis calfhood vaccination and certificate/tag/tattoo, if available;

(v) a complete record of health testing, vaccinating and parasite control while the animal was in the possession or custody of the embryo transfer technician; and

(vi) the date of each embryo transfer and the date removed from the premises, the name and address of the person or firm receiving said recipient and the identity of the embryo.

(f) For all embryo transfer technicians using specific drugs, a drug log on a form provided by the board showing the identity, date of acquisition and disposition of all drugs the embryo transfer technician obtains and administers.

(2) All of the foregoing records must be maintained for a period of at least six years.

History

Authorizing statute(s): 37-18-202, MCA
Implementing statute(s): 37-18-104, MCA
History: NEW, 1991 MAR p. 2030, Eff. 11/1/91; TRANS, from Commerce, 2005 MAR p. 323.

Mont. Admin. R. 24.225.720 Use of Specific Drugs and Supervision Requirements

(1) Possession and administration of drugs by an embryo transfer technician is limited to the following specific drug categories:

(a) local anesthetics;

(b) antibiotics used in reproductive work; and

(2) Possession and administration of specific drugs by embryo transfer technicians must be under the supervision of a veterinarian licensed to practice and residing in Montana. Records of supervision forms signed by the technicians and the supervising veterinarians will be maintained by the board. When a new or different veterinarian agrees to supervise a technician, it is the technician's responsibility to see that a new supervision form is filed with the board.

History

Authorizing statute(s): 37-18-202, MCA
Implementing statute(s): 37-18-104, MCA
History: NEW, 1991 MAR p. 2030, Eff. 11/1/91; TRANS, from Commerce, 2005 MAR p. 323.

Mont. Admin. R. 24.225.750 Unprofessional Conduct

(1) The board may, with respect to the practice of nonsurgical embryo transfer, either refuse to grant a certificate of registration or suspend or revoke a certificate of registration on the grounds and procedures set forth in 37-1-312, MCA.

(2) For the purpose of implementing the provisions of 37-18-104, MCA, the board defines "unprofessional conduct" subject to the disciplinary powers of the board for embryo transfer technicians as follows:

(a) violation of any state or federal statute or administrative rule regulating the practice of embryo transfer;

(b) resorting to fraud, misrepresentation, or deception in the examination or treatment of an animal, or in billing or reporting to a person, company, institution, or agency;

(c) incompetence, negligence, or use of any practice or procedure in the practice of embryo transfer which creates an unreasonable risk of physical harm or serious financial loss to the client;

(d) suspension, revocation, or restriction of the individual's certificate to practice embryo transfer by competent authority in any state, federal, or foreign jurisdiction for reasons that would be grounds for disciplinary sanction in this jurisdiction, a certified copy of the order or agreement being conclusive evidence of the revocation, suspension, or restriction;

(e) failing to cooperate with an investigation authorized by the Board of Veterinary Medicine by:

(i) not furnishing any papers or documents in the possession of and under the control of the certificate holder;

(ii) not furnishing in writing a full and complete explanation covering the matter contained in the complaint; or

(iii) not responding to subpoenas issued by the board or the department, whether or not the recipient of the subpoena is the accused in the proceedings.

(f) practice beyond the scope of practice encompassed by the certificate;

(g) failing to maintain appropriate records as specified in the rules of the board;

(h) failing to adequately supervise auxiliary staff to the extent that the donor or recipient's physical health or safety is at risk;

(i) performing embryo transfer while the embryo transfer technician's certificate is expired, terminated, suspended, or revoked;

(j) willful or repeated violations of rules established by any health agency or authority of the state or a political subdivision thereof; or

(k) cruel or inhumane treatment of animals.

History

Authorizing statute(s): 37-1-319, 37-18-202, MCA
Implementing statute(s): 37-1-141, 37-1-316, 37-18-104, MCA
History: NEW, 1991 MAR p. 2030, Eff. 11/1/91; AMD, 1996 MAR p. 2579, Eff. 10/4/96; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2006 MAR p. 1583, Eff. 7/1/06: AMD, 2008 MAR p. 633, Eff. 4/11/08.

Subchapter 24.225.8 Veterinary Dispensing Technicians

Mont. Admin. R. 24.225.801 Veterinary Dispensing Technician Registration

(1) Applicants for registration must:

(a) submit a completed application form;

(b) pay the required fee;

(d) review and attest to understanding the board's educational materials.

(2) A person licensed as an LVT does not require a separate license to work as a dispensing technician but must provide the board with the name and license number of the veterinary retail facility where the LVT is employed and attest to review of the board's educational materials.

History

Authorizing statute(s): 37-18-806, MCA
Implementing statute(s): 37-18-805, 37-18-806, MCA
History: NEW, 2024 MAR p. 84, Eff. 1/13/24.

Mont. Admin. R. 24.225.802 Veterinary Dispensing Technician Scope of Practice

(1) A veterinary dispensing technician, working in a veterinary retail facility licensed by the Board of Pharmacy, must:

(a) create a written or electronic client record;

(b) dispense veterinary prescription drugs upon receipt of a prescription order, standing order, or other order as authorized by a Montana licensed veterinarian;

(c) consult with the prescribing veterinarian in order to clarify a prescription and/or other relevant information necessary to dispense the veterinary prescription drug;

(d) dispense veterinary prescription drugs based on package size and quantity as provided by the manufacturer;

(e) perform inventory control to remove expired or damaged drugs from stock, prevent returned drugs from being returned to stock, and ensure such drugs are not dispensed, distributed, or resold;

(f) ensure the drug product and client information sheet match the prescription order and the information on the manufacturer's labeling with respect to drug, dosage form, strength, and quantity; and

(g) comply with prescription labeling, recordkeeping, storage, security, and inventory control required of veterinary retail facilities, per ARM 24.174.1902.

History

Authorizing statute(s): 37-1-131, MCA
Implementing statute(s): 37-1-131, MCA
History: NEW, 2024 MAR p. 84, Eff. 1/13/24.

Subchapter 24.225.9 Euthanasia Technicians and Agencies

Mont. Admin. R. 24.225.901 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-18-202, 37-18-603, MCA
Implementing statute(s): 37-18-603, MCA
History: NEW, 2004 MAR p. 1324, Eff. 6/4/04; TRANS, from Commerce, 2005 MAR p. 323; REP, 2020 MAR p. 1633, Eff. 8/29/20.

Mont. Admin. R. 24.225.904 Certified Euthanasia Technicians – License Requirements

(1) Application for licensure as a certified euthanasia technician must be made on forms prescribed by the department. Completed applications include appropriate fees and required documentation.

(2) Applicants for an original license must:

(a) be at least 18 years of age;

(b) have completed a euthanasia training program as described in ARM 24.225.907;

(c) have passed both a written and practical euthanasia training and exam as described in ARM 24.225.910 within 36 months of the application date; and

(d) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction.

(3) Applicants for licensure currently licensed as a certified euthanasia technician in another jurisdiction must:

(a) hold a current, active license in good standing to practice euthanasia in another state or jurisdiction whose standards at the time of application are substantially equivalent to Montana standards; and

(b) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction.

(4) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.

History

Authorizing statute(s): 37-1-131, 37-18-202, 37-18-603, MCA
Implementing statute(s): 37-1-131, 37-1-304, 37-18-603, MCA
History: NEW, 2004 MAR p. 1324, Eff. 6/4/04; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2008 MAR p. 633, Eff. 4/11/08, AMD, 2009 MAR p. 2483, Eff. 12/25/09; AMD, 2020 MAR p. 1633, Eff. 8/29/20.

Mont. Admin. R. 24.225.907 Board-Approved Training Program Criteria

(1) Training courses for euthanasia technicians must include instruction on the following topics:

(a) proper dosage, handling, and storage of approved euthanasia and restraint drugs listed in ARM 24.225.930;

(b) maintaining human safety when conducting animal euthanasia;

(d) proper animal handling techniques to ease trauma and stress;

(e) animal anatomy;

(f) proper euthanasia and restraint drug storage and security per state and federal regulations;

(g) state and federal recordkeeping requirements for euthanasia and restraint drugs; and

(h) how to verify and record death of the animal.

History

Authorizing statute(s): 37-1-131, 37-18-202, 37-18-603, MCA
Implementing statute(s): 37-1-131, 37-18-603, MCA
History: NEW, 2004 MAR p. 1324, Eff. 6/4/04; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2011 MAR p. 1151, Eff. 6/24/11; AMD, 2020 MAR p. 1633, Eff. 8/29/20.

Mont. Admin. R. 24.225.910 Certified Euthanasia Technician Examinations – Written and Practical

(1) The written and practical examinations for euthanasia must test on all criteria taught as part of the required training course in ARM 24.225.907.

(2) Seventy percent is the passing score for the written examination.

(3) The practical examination will be graded by the instructor on a pass or fail basis. The practical exam must consist of a hands-on demonstration by the individual showing the individual can conduct euthanasia by:

(a) safely and effectively restraining an animal; and

(b) administering the required euthanasia and restraint drugs.

History

Authorizing statute(s): 37-1-131, 37-18-202, 37-18-603, MCA
Implementing statute(s): 37-1-131, 37-18-603, MCA
History: NEW, 2004 MAR p. 1324, Eff. 6/4/04; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2009 MAR p. 2483, Eff. 12/25/09; AMD, 2011 MAR p. 1151, Eff. 6/24/11; AMD, 2020 MAR p. 1633, Eff. 8/29/20.

Mont. Admin. R. 24.225.920 Application for Certified Euthanasia Agencies

(1) Application for licensure as a certified euthanasia agency must be made on forms prescribed by the department. Completed applications include appropriate fees and required documentation.

(2) Applicants for licensure as a certified euthanasia agency must:

(a) complete a power of attorney form appointing an attorney-in-fact for purposes of DEA orders;

(b) pass an initial inspection by a board-designated inspector as described in ARM 24.225.921; and

(3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.

History

Authorizing statute(s): 37-1-131, 37-18-202, 37-18-603, MCA
Implementing statute(s): 37-1-131, 37-18-603, 37-18-604, MCA
History: NEW, 2004 MAR p. 1324, Eff. 6/4/04; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2008 MAR p. 633, Eff. 4/11/08; AMD, 2009 MAR p. 2483, Eff. 12/25/09; AMD, 2020 MAR p. 1633, Eff. 8/29/20.

Mont. Admin. R. 24.225.921 Inspections – Initial and Annual

(1) Applicants must pass an initial inspection of the facility by a board-designated inspector prior to a license being issued.

(a) Results of the inspection will be provided to the licensee.

(b) If there are any items of noncompliance, the attorney-in-fact must submit a written response to the board which addresses those items of noncompliance. The response must be received by the department within ten days of the attorney-in-fact receiving notification of noncompliance.

(c) If issues of noncompliance are not corrected within ten days of the attorney-in-fact receiving notice of noncompliance, a report of noncompliance will be reviewed by the board at the next regularly scheduled board meeting following the initial inspection. For good cause the board may order a re-inspection, the cost of which will be paid by the applicant.

(2) A board-designated inspector will conduct annual on-site inspections of all existing certified euthanasia agency facilities.

(a) Inspections may be conducted with or without advance notice to the licensee.

(b) Results of the inspection will be provided to the licensee.

(c) If there are any items of noncompliance, the attorney-in-fact must submit a written response to the board which addresses those items of noncompliance. The response must be received by the board within ten days of the licensee receiving notification of noncompliance.

(d) A report of significant noncompliance will be reviewed by the board screening panel per the department's standard compliance process.

(3) If the inspector determines that an item of noncompliance substantially affects the public health, safety, or welfare, or jeopardizes animals under the control of the certified euthanasia agency, the inspector must immediately inform law enforcement and the board, which may summarily suspend the licensee's certificate pursuant to 2-4-631, MCA, and applicable Montana law.

History

Authorizing statute(s): 37-1-131, 37-18-202, 37-18-603, MCA
Implementing statute(s): 37-1-131, 37-18-603, MCA
History: NEW, 2004 MAR p. 1324, Eff. 6/4/04; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2011 MAR p. 1151, Eff. 6/24/11; AMD, 2020 MAR p. 1633, Eff. 8/29/20.

Mont. Admin. R. 24.225.922 Certified Euthanasia Agency Operation Standards

(1) A certified euthanasia agency cannot operate unless:

(a) a license has been issued by the board;

(b) the licensee has a current DEA permit, including a DEA number; and

(2) Certified euthanasia agencies must:

(a) have a designated area for euthanasia that can hold at least two people;

(b) maintain the euthanasia area in a clean and sanitary condition at all times;

(d) have proper ventilation in the euthanasia area;

(e) have a table or work area for handling animals during euthanasia;

(f) have a designated surface or cabinet to store equipment;

(g) display the facility license and licenses of all licensed staff in a conspicuous place so they can be seen by members of the public. Personal addresses on licenses may be covered;

(h) have sufficient materials on-site for euthanasia, including, but not limited to:

(i) medical quality needles;

(ii) disposal container for used sharps as defined in 75-10-1003, MCA, that meets the requirements in 75-10-1005, MCA;

(iii) syringes;

(iv) first aid kit;

(v) electric clippers;

(vi) stethoscope;

(vii) humane restraint devices;

(viii) towels; and

(ix) disinfectant;

(i) comply with all state and federal laws pertaining to storage of approved euthanasia and restraint drugs; and

(j) comply with all state and federal laws pertaining to recordkeeping requirements for approved euthanasia and restraint drugs.

History

Authorizing statute(s): 37-1-131, 37-18-202, 37-18-603, MCA
Implementing statute(s): 37-1-131, 37-18-603, 37-18-604, MCA
History: NEW, 2020 MAR p. 1633, Eff. 8/29/20.

Mont. Admin. R. 24.225.923 Change of Attorney-in-Fact

(1) When there is a change of the appointed attorney-in-fact, the certified euthanasia agency must:

(a) comply with any DEA notification requirements concerning the change of the attorney-in-fact; and

(b) complete a department power of attorney form appointing a new attorney-in-fact. The form must be submitted to the board within ten days of the change.

History

Authorizing statute(s): 37-1-131, 37-18-202, 37-18-603, MCA
Implementing statute(s): 37-1-131, 37-18-603, 37-18-604, MCA
History: NEW, 2020 MAR p. 1633, Eff. 8/29/20.

Mont. Admin. R. 24.225.924 Closure of a Certified Euthanasia Agency or Loss of Dea Permit

(1) The designated attorney-in-fact must notify the board within ten days of closure of a certified euthanasia agency.

(2) As part of the notification in (1) the designated attorney-in-fact must:

(a) provide current contact information for the attorney-in-fact including but not limited to a mailing address and telephone number; and

(b) verify that all euthanasia and restraint drugs and records are managed according to state and federal laws pertaining to these types of substances. The verification must confirm:

(i) all euthanasia and restraint drugs, including controlled substances, have been either:

(A) destroyed; or

(B) transferred to an authorized person(s), including the name and address of the person(s) to whom the euthanasia and restraint drugs were transferred;

(ii) for controlled substances, the following:

(A) the date of transfer; and

(B) the name and amount of controlled substances transferred; and

(iii) the return of DEA registration and all unused DEA 222 forms (order forms) to the DEA.

(3) The designated attorney-in-fact must notify the board within ten days if a certified euthanasia agency loses its existing DEA permit and comply with the requirements in (2)(b).

History

Authorizing statute(s): 37-1-131, 37-18-202, 37-18-603, MCA
Implementing statute(s): 37-1-131, 37-18-603, 37-18-604, MCA
History: NEW, 2020 MAR p. 1633, Eff. 8/29/20.

Mont. Admin. R. 24.225.925 Continuing Education – Certified Euthanasia Technicians

(1) Certified euthanasia technicians are required to obtain continuing education (CE) hours prior to renewal on May 30 every three years after the first year of licensure. The CE must be obtained within the twelve months between the second and third renewals.

(2) Approved CE to meet board requirements consists of both:

(a) a euthanasia training program as described in ARM 24.225.907; and

(b) passing both a written and practical euthanasia training exam as described in ARM 24.225.910.

(3) All licensees shall affirm an understanding of their recurring duty to comply with CE requirements as a part of annual license renewal.

(4) The board may randomly audit up to 50 percent of renewed licensees.

(5) All CE must be documented to show proof of completion. The licensee is responsible for maintaining these records for one year following the renewal cycle reporting period and for making those records available upon board request. Documentation must include the following information:

(a) licensee name;

(b) course title and description of content;

(d) course date(s); and

(e) number of CE hours earned.

(7) Any CE hours required by disciplinary order do not apply toward the CE that are required annually under this rule.

(8) A licensee may request a hardship exemption from CE requirements due to certified illness or undue hardship. Requests will be considered by the board.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-18-202, 37-18-603, MCA
Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-18-603, MCA
History: NEW, 2004 MAR p. 1324, Eff. 6/4/04; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2020 MAR p. 1633, Eff. 8/29/20.

Mont. Admin. R. 24.225.926 Termination or Certified Euthanasia Technician Employment and Retirement of Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 37-1-131, 37-18-202, 37-18-603, MCA
Implementing statute(s): 37-18-603, MCA
History: NEW, 2004 MAR p. 1324, Eff. 6/4/04; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2008 MAR p. 633, 4/11/08; REP, 2020 MAR p. 1633, Eff. 8/29/20.

Mont. Admin. R. 24.225.930 Approved Euthanasia Drugs

(1) The following drug is an approved euthanasia drug:

(a) sodium pentobarbital.

(2) The following drugs are approved euthanasia restraint drugs:

(a) ace-promazine; and

(b) xylazine.

History

Authorizing statute(s): 37-1-131, 37-18-202, 37-18-603, MCA
Implementing statute(s): 37-18-603, MCA
History: NEW, 2004 MAR p. 1324, Eff. 6/4/04; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2009 MAR p. 2483, Eff. 12/25/09.

Mont. Admin. R. 24.225.950 Unprofessional Conduct

(1) For the purposes of implementing the provisions of 37-1-319, MCA, and in addition to 37-1-316, MCA, the board further defines unprofessional conduct as follows:

(a) violation of any state or federal regulations regulating the practice of animal euthanasia;

(b) cruel or inhumane treatment of animals;

(c) incompetence, negligence, cruelty, or use of any practice or procedure in the practice of animal euthanasia, which creates an unreasonable risk of physical harm to the animal, staff, or public;

(d) possession and use of euthanasia and restraint drugs for any purpose other than animal euthanasia as described in these rules;

(e) violation of any state or federal drug laws;

(f) failure to cooperate with an investigation or inspection authorized by the Board of Veterinary Medicine;

(g) failure to meet the certified euthanasia agency operation standards described in these rules, including but not limited to maintaining sanitary conditions and appropriate records of euthanasia and restraint drugs;

(h) practicing as a CEA or as a CET if a certificate is expired, terminated, revoked, or suspended;

(i) willful or repeated violations of rules regarding euthanasia established by any health agency or authority of the state or a political subdivision thereof;

(j) resorting to fraud, misrepresentation, or deception in the euthanasia of an animal;

(k) failure of a certified euthanasia agency to have current DEA registration;

(l) use of unapproved drugs or methods for euthanasia;

(m) euthanasia of an animal for which the certified euthanasia technician has not received training; or

(n) failure to store euthanasia or restraint drugs or other controlled substances used in the euthanasia of animals in compliance with established DEA requirements.

History

Authorizing statute(s): 37-1-131, 37-1-319, 37-18-202, 37-18-603, MCA
Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, 37-18-603, 37-18-604, 37-18-605, MCA
History: NEW, 2004 MAR p. 1324, Eff. 6/4/04; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2008 MAR p. 633, Eff. 4/11/08; AMD, 2020 MAR p. 1633, Eff. 8/29/20.

Subchapter 24.225.24 Complaint Procedures

Mont. Admin. R. 24.225.2401 Complaint Procedure

(1) A person, government, or private entity may submit a written complaint to the board charging a licensee or license applicant with a violation of board statute or rules, and specifying the grounds for the complaint.

(2) Complaints must be in writing, and shall be filed on the proper complaint form prescribed by the department.

(3) Upon receipt of the written complaint form, the department shall log in the complaint and assign it a complaint number. The complaint shall then be sent to the licensee complained about for a written response. Upon receipt of the licensee's written response, both complaint and response shall be considered by the screening panel of the board for appropriate action including dismissal, investigation, or a finding of reasonable cause of violation of a statute or rule. The department shall notify both complainant and licensee of the determination made by the screening panel.

(4) If a reasonable cause violation determination is made by the screening panel, the Montana Administrative Procedure Act shall be followed for all disciplinary proceedings undertaken.

(5) The screening panel shall review anonymous complaints to determine whether appropriate investigative or disciplinary action may be pursued, or whether the matter may be dismissed for lack of sufficient information.

History

Authorizing statute(s): 37-18-202, MCA
Implementing statute(s): 37-1-308, 37-1-309, MCA
History: NEW, 1996 MAR p. 2579, Eff. 10/4/96; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2008 MAR p. 633, Eff. 4/11/08.

Mont. Admin. R. 24.225.2405 Screening Panel

(1) The board screening panel shall consist of at least four board members, three of whom shall be the licensed veterinarian board members who have served on the board the longest, and one of whom shall be the public member of the board. The president may reappoint or replace screening panel members as necessary at the president's discretion.

History

Authorizing statute(s): 37-18-202, MCA
Implementing statute(s): 37-1-307, MCA
History: NEW, 1996 MAR p. 2579, Eff. 10/4/96; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2008 MAR p. 633, Eff. 4/11/08.

Chapter 24.227 Construction Contractor Licensing

Subchapter 24.227.4 General Provisions

Mont. Admin. R. 24.227.401 Fees

(1) Application and renewal fee - $70

History

Authorizing statute(s): 37-45-103, MCA
Implementing statute(s): 37-45-203, MCA
History: NEW, 2025 MAR, Notice No. 2025-209, Eff. 1/1/26.

Mont. Admin. R. 24.227.403 Applications

(1) Applicants for licensure must submit a complete application form provided by the department, including all required fees and documentation.

History

Authorizing statute(s): 37-45-103, MCA
Implementing statute(s): 37-45-103, 37-45-201, MCA
History: NEW, 2025 MAR, Notice No. 2025-209, Eff. 1/1/26.

Subchapter 24.227.23 Unprofessional Conduct

Mont. Admin. R. 24.227.2301 Unprofessional Conduct

(1) In addition to other conduct specified by law, the following is unprofessional conduct:

(a) failing to notify the department within 30 days of:

(i) any change to ownership or change in business name of the construction contractor business; and

(ii) any change in business officers, members, or partners which has been or must be reported in filings with the Secretary of State;

(b) violating a federal, state, or local law or rule relating to the conduct of the profession or occupation; and

History

Authorizing statute(s): 37-45-103, MCA
Implementing statute(s): 37-45-201, 37-45-301, MCA
History: NEW, 2025 MAR, Notice No. 2025-209, Eff. 1/1/26.

Chapter 24.250 Sexual Offender Evaluator License Endorsement

Subchapter 24.250.3 Definitions

Mont. Admin. R. 24.250.301 Definitions

(1) "Face-to-face" means supervision which is either:

(a) in-person; or

(b) electronically. The transmission must:

(i) be two-way;

(ii) be interactive;

(iii) be real-time;

(iv) be simultaneous; and

(v) provide for both audio and visual interaction.

(2) "Sexual offender evaluator supervisor" means the licensed clinical social worker (LCSW), licensed clinical professional counselor (LCPC), licensed marriage and family therapist (LMFT), psychiatrist, psychologist, or advanced practice registered nurse with a psychiatric mental health nurse practitioner certification who is qualified to conduct sexual offender evaluations. The supervisor must have:

(a) a license in good standing; and

(b) at least three years current ongoing experience in practice as a sexual offender evaluator and treatment provider.

History

Authorizing statute(s): 37-1-131, 37-1-139, MCA
Implementing statute(s): 37-1-131, 37-1-139, MCA
History: NEW, 2021 MAR p. 1920, Eff. 12/24/21.

Subchapter 24.250.5 Licensing and Endorsement

Mont. Admin. R. 24.250.501 Sexual Offender Evaluator License Endorsement

(1) Applicants for a sexual offender evaluator endorsement who are licensed as an LCSW, LCPC, LMFT, psychiatrist, psychologist, or advanced practice registered nurse with a psychiatric mental health nurse practitioner certification under ARM Title 24, chapters 156, 159, 189, and 219, shall:

(a) meet the requirements described in 37-1-139(3)(a) through (c), MCA; and

(b) be a full or clinical member of the Association for the Treatment of Sexual Abusers (ATSA) or other board-approved national professional organization that meets the requirements in 37-1-139(3)(d), MCA.

(2) The 2000 hours supervised experience required in 37-1-139, MCA, must include:

(a) supervision by a sexual offender evaluator supervisor;

(b) face-to-face supervision at a ratio of two hours of supervision for each sequential 40 hours of evaluation and treatment of sexual offenders; and

(c) 25 hours of the 400 hours in face-to-face evaluations of sexual offenders or therapy sessions with sexual offenders must be supervised in-person by the supervisor.

History

Authorizing statute(s): 37-1-131, 37-1-139, MCA
Implementing statute(s): 37-1-131, 37-1-139, MCA
History: NEW, 2021 MAR p. 1920, Eff. 12/24/21.

Chapter 24.301 Building Codes

Subchapter 24.301.1 Adoption and Incorporation by Reference of Uniform and Model Codes Having General Applicability

Mont. Admin. R. 24.301.101 Incorporation by Reference of Uniform Building Code

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-104, 50-60-203, MCA
Implementing statute(s): 50-60-103, 50-60-104, 50-60-108, 50-60-109, 50-60-201, 50-60-203, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; AMD, 1978 MAR p. 1480, Eff. 10/27/78; AMD, 1979 MAR p. 1666, Eff. 12/28/79; AMD, 1981 MAR p. 516, Eff. 5/29/81; AMD, 1981 MAR p. , 1052, Eff. 9/18/81; AMD, 1982 MAR p. 2170, Eff. 12/31/82; AMD, 1984 MAR p. 1024, Eff. 7/13/84; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1986 MAR p. 106, Eff. 1/31/86; AMD, 1987 MAR p. 2237, Eff. 12/11/87; AMD, 1989 MAR p. 476, Eff. 4/28/89; AMD, 1990 MAR p. 2041, Eff. 11/16/90; AMD, 1992 MAR p. 1351, Eff. 5/29/92; AMD, 1993 MAR p. 146, Eff. 1/29/93; AMD, 1994 MAR p. 670, Eff. 2/11/94; AMD, 1994 MAR p. 1994, Eff. 7/22/94; AMD, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1997 MAR p. 44, Eff. 1/17/97; AMD, 1997 MAR p. 1179, Eff. 7/8/97; AMD, 1997 MAR p. 2061, Eff. 11/18/97; AMD, 1998 MAR p. 2563, Eff. 9/25/98; AMD, 1999 MAR p. 1885, Eff. 10/1/99; AMD, 2000 MAR p. 3168, Eff. 11/10/00; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; REP, 2004 MAR p. 571, Eff. 3/12/04.

Mont. Admin. R. 24.301.102 Optional Appendix Chapters for Local Government Adoption

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-203, MCA
History: NEW, 2001 MAR p. 2293, Eff. 11/22/01; REP, 2004 MAR p. 571, Eff. 3/12/04.

Mont. Admin. R. 24.301.103 Purpose of the Uniform Building Code

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-203, MCA
History: NEW, 2001 MAR p. 2293, Eff. 11/22/01; REP, 2004 MAR p. 571, Eff. 3/12/04.

Mont. Admin. R. 24.301.104 Obtaining Copies of the Uniform Building Code

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-203, MCA
History: NEW, 2001 MAR p. 2293, Eff. 11/22/01; REP, 2004 MAR p. 571, Eff. 3/12/04.

Mont. Admin. R. 24.301.105 Calculation of Fees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-104, MCA
History: NEW, 2001 MAR p. 2293, Eff. 11/22/01; REP, 2004 MAR p. 571, Eff. 3/12/04.

Mont. Admin. R. 24.301.106 Obtaining Publications and Valuation Tables

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-203, MCA
History: NEW, 2001 MAR p. 2293, Eff. 11/22/01; REP, 2004 MAR p. 571, Eff. 3/12/04.

Mont. Admin. R. 24.301.107 Modifications to the Uniform Building Code Applicable Only to the Department's Code Enforcement Program

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-203, MCA
History: NEW, 2001 MAR p. 2293, Eff. 11/22/01; REP, 2004 MAR p. 571, Eff. 3/12/04.

Mont. Admin. R. 24.301.108 Modifications to the Uniform Building Code Applicable to Both Department's and Local Government Code Enforcement Programs

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-203, MCA
History: NEW, 2001 MAR p. 2293, Eff. 11/22/01; REP, 2004 MAR p. 571, Eff. 3/12/04.

Mont. Admin. R. 24.301.109 Definitions

(1) As used in this chapter:

(a) "Department" means the Department of Labor and Industry.

(b) "IBC" means the International Building Code, 2024 edition.

(d) "IFGC" means the International Fuel Gas Code, 2024 edition.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-203, MCA
History: NEW, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2014 MAR p. 2776, Eff. 11/7/14; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.131 Incorporation by Reference of International Building Code

(1) The department adopts and incorporates by reference the International Building Code, 2024 edition, unless another edition is specifically stated, together with Appendix Chapter C (Group U - Agricultural Buildings).

(2) The IBC is a nationally recognized model code setting forth minimum standards and requirements for building design, construction, alteration, and repair. The IBC also provides a framework for program administration.

(3) A copy of the IBC may be obtained from the International Code Council at www.ICCsafe.org.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-203, MCA
History: NEW, 2002 MAR p. 2656, Eff. 9/27/02; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2014 MAR p. 2776, Eff. 11/7/14; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.134 Optional Appendix Chapters for Local Government Adoption

(1) The following appendix chapters of the International Building Code are adopted for use by local governments, in part or in whole, if the local government has specifically provided for their adoption. These appendix chapters are not adopted for use by the department:

(a) Appendix Chapter B (Board of Appeals); and

(b) Appendix Chapter H (Signs).

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-203, MCA
History: NEW, 2002 MAR p. 2656, Eff. 9/27/02.

Mont. Admin. R. 24.301.138 Calculation of Fees

(1) International Building Code (IBC) Section 109.2, Schedule of Permit Fees, is modified for use by the department with the following additions:

(a) Permit fees. The fee for each building permit is established in Table 109.2.

(b) Plan review fees. When submittal documents are required, a plan review fee must be paid in addition to the building permit fee. The plan review fee is 35 percent of the building permit fee as established in Table 109.2. If only plan review services are provided, the plan review fee for such services shall be 50 percent of the combined plan review and building permit fee.

(c) Add a new paragraph to IBC Section 109.2 to read: "Requested Inspection Fee - $75.00 per hour, with any portions of an hour rounded up to the next full hour. Travel and per diem may be charged as per the state of Montana's existing rates for these items."

(2) Both the building permit fee and the plan review fee must be paid before a building permit will be issued.

(3) The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees is the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, and any other permanent equipment.

(a) When more than one identical building or structure is being constructed within the same locality, the first building or structure shall be subject to plan review and permit fees. Subject to (b), the department may, in its discretion, charge permit fees only for each additional identical building or structure constructed in the same locality.

(b) When the department adopts a new edition of the state building code, a new plan review and the associated plan review and permit fees are required for any additional identical building or structure that was previously approved under (a).

(4) The value or valuation of a building or structure under any of the provisions of the IBC will be determined using one of the following methods of determining valuation, listed in their order of priority:

(a) firm bids or contract amounts, if available;

(b) the design professional's preliminary cost estimate, if such estimate is available; or

(c) the cost per square foot method of valuation and the cost per square foot figures for the type of construction and occupancy group listed in the "Building Valuation Data" table of the January/February 2009 edition of "Building Safety Journal " magazine, published by the International Code Council.

(d) For purposes of modifying the building valuation values derived from the square-foot method calculations of (4)(c), the calculated building valuation shall be multiplied by a factor of 0.35 to arrive at a final calculated building valuation. For purposes of modifying firm bids or the design professional's preliminary cost estimate, the provided valuation shall be multiplied by a factor of 0.6 to arrive at a final building valuation.

(e) When in unusual circumstances the valuation calculated by the use of the "Building Valuation Data" table, the design professional's estimated project cost, firm bids, or contract amounts are determined to be unreasonable for the nature of the project, the department reserves the right to base the building permit fee and plan review fee on the best valuation information it has available to it.

(5) For purposes of calculation of fees, the building valuation shall be rounded off to the nearest $1000 and any calculated building and plan review fees shall be rounded off to the nearest $1.

(6) Fees for wind farm turbine foundations will be calculated as $200 for the first turbine and $100 for each additional turbine included in the project.

(7) Fees for solar fields will be calculated at $100/megawatt.

(8) As provided in ARM 24.301.203, local governments certified to enforce the state building code may establish their own permit fees. Local governments may also establish their own method of building valuation.

(9) For projects involving replacement of existing building components, such as roof coverings, siding, and windows, the department may use the requested inspection fee rate in calculating and assessing an appropriate and reasonable fee for projects in which such factors as material costs cause the plan review and building permit fee to exceed the cost of the service the department provides.

(10) A copy of the "Building Valuation Data" table may be obtained free of charge from the Department of Labor and Industry, Building and Commercial Measurements Bureau, P.O. Box 200517, 301 South Park, Helena, MT 59620-0517.

TABLE 109.2

BUILDING PERMIT FEES

TOTAL VALUATION | FEE $1 to $500 | $23.50 $501 to $2000 | $23.50 for first $500 plus $3.05 for each additional $100, or fraction thereof, to and including $2000 $2001 to $25,000 | $69.25 for the first $2000 plus $14 for each additional $1000, or fraction thereof, to and including $25,000 $25,001 to $50,000 | $391.75 for the first $25,000 plus $10.10 for each additional $1000, or fraction thereof, to and including $50,000 $50,001 to $100,000 | $643.75 for the first $50,000 plus $7 for each additional $1000, or fraction thereof, to and including $100,000 $100,001 to $500,000 | $993.75 for the first $100,000 plus $5.60 for each additional $1000, or fraction thereof, to and including $500,000 $500,001 to $1,000,000 | $3,233.75 for the first $500,000 plus $4.75 for each additional $1000, or fraction thereof, to and including $1,000,000 $1,000,001 and up | $5,608.75 for the first $1,000,000 plus $3.15 for each additional $1000, or fraction thereof

Other Inspections and Fees:

Inspections outside of normal business hours $75.00 per hour (minimum charge - two hours)
Inspections for which no fee is specifically indicated $75.00 per hour (minimum charge - one-half hour)
Additional plan review required by changes, additions, or revisions to plans $75.00 per hour (minimum charge - one-half hour)
For use of outside consultants for plan checking and inspections, or both Actual costs 1

1 Actual costs include administrative and overhead costs.

History

Authorizing statute(s): 50-60-104, 50-60-203, MCA
Implementing statute(s): 50-60-103, 50-60-104, 50-60-203, MCA
History: NEW, 2002 MAR p. 2656, Eff. 9/27/02; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2004 MAR p. 2103, Eff. 9/3/04; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2014 MAR p. 2776, Eff. 11/7/14; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.139 Investigation Fees Assessed for Work Commencing Without Building Permit

(1) In accordance with subsection 109.4 of the International Building Code and pursuant to the requirements of fees being commensurate with costs, the department may assess an investigation fee for any work commenced on a building or structure prior to obtaining the required building permits. The investigation fee will be charged on an hourly rate of $75.00 per hour, for every hour, including portions of an hour spent on investigating the work commenced without the proper building permits. This investigation fee shall be in addition to the regular plan review and building permit fee assessed in ARM 24.301.138(1)(a) and (b).

History

Authorizing statute(s): 50-60-104, 50-60-203, MCA
Implementing statute(s): 50-60-103, 50-60-104, 50-60-201, 50-60-203, MCA
History: NEW, 2004 MAR p. 2103, Eff. 9/3/04; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2014 MAR p. 2776, Eff. 11/7/14.

Mont. Admin. R. 24.301.142 Modifications to the International Building Code Applicable Only to the Department's Code Enforcement Program

(1) The following modifications to the International Building Code (IBC) are applicable only to the department's building code enforcement program. The referenced sections remain without amendment for local government building code enforcement programs.

(2) The department will use 50-60-109 and 50-60-110, MCA, in cases requiring prosecution in lieu of Section 114, Violations, of the IBC. When a person fails to submit required plans, obtain a permit, correct plans, or comply with an order of the department, the department, as authorized by 50-60-109, MCA, may bring civil action to enjoin the person from constructing or using the building.

(3) No plumbing, mechanical, or electrical permit will be issued for a building or structure under the jurisdiction of the department, until:

(a) the building permit has been issued;

(b) it has been determined that a building permit is not required; or

(4) An owner seeking to do work that the owner believes is not subject to a building code requirement shall provide to the department in writing, either electronically or via the U.S. mail, if in the state's jurisdiction, any documentation or information that it may reasonably require so that the department may determine whether the work is subject to the building code requirement. The documentation or information provided may be required to be in the form of an affidavit or affirmation.

(5) Subsection 107.1, General, of the IBC is amended to read as follows: "Submittal documents consisting of construction documents, statement of special inspections, geotechnical report, and other data shall be submitted electronically or on paper no larger than 11 by 17 inches. The construction documents shall be prepared by a registered design professional as required by specific provisions throughout the International Building Code (IBC) as adopted by the department in ARM 24.301.131. The department is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with the IBC as adopted by the department."

(6) Subsection 111.1, Change of occupancy, of the IBC is amended with the addition of the following: "On a case-by-case basis, the building official or his agent may grant the owner permission to occupy and use a building or portions thereof prior to completion of the project when the building official or his agent finds the building or structure to be in substantial compliance with the intent of the International Building Code."

(7) Subsection 111.2, Certificate issued, of the IBC is amended to read:

(a) "111.2 Certificate issued. If the building official or the building official's agent makes all the inspections of a building or structure required by Section 110, Inspections, and finds it was constructed in accordance with the provisions of the state building code, the building official shall issue a certificate of occupancy, as referenced in 50-60-107, MCA, which shall contain the following:

(i) the building permit number;

(ii) the address of the building;

(iii) the name and address of the owner;

(iv) a description of that portion of the building for which the certificate is issued;

(v) a statement that the described portion of the building has been inspected and complies with the state building code for the group and division of occupancy and the use for which the proposed occupancy is classified;

(vi) the name of the building official;

(vii) the section of the code under which the permit was issued;

(viii) the use and occupancy, in accordance with the provisions of Chapter 3, Occupancy Classification and Use;

(ix) the type of construction as defined in Chapter 6, Types of Construction;

(x) the design occupant load;

(xi) if an automatic sprinkler system is provided, whether the sprinkler system is required; and

(xii) any special stipulations and conditions of the building permit."

(b) The department will issue certificates of occupancy only when all of the inspections applicable to construction projects have been performed and, based on those inspections, the department reasonably believes the construction has occurred in compliance with applicable state laws and administrative rules.

(i) Where inspections have been performed on various aspects of the same construction project by a combination of state, city, or county inspectors, the department will issue certificates of occupancy based upon written representations from the city or county inspectors that the portions of projects which they inspected caused them to believe those portions of the projects were constructed in compliance with the applicable codes.

(ii) Where certificates of occupancy are sought from certified city or county building code enforcement programs, but those programs' officials must rely on the department to complete a portion of the requisite inspections, the department inspectors will provide written representations, as described above, to city or county officials concerning those portions of the projects they inspected.

(c) "Formal Written Approval: In situations where the department was unable to perform the required inspections referenced in Section 110, Inspections, of the IBC, but no significant deficiencies from the state building code have been noted, the department may issue a letter of formal written approval in lieu of a certificate of occupancy."

(8) The department will use the applicable provisions of the Montana Administrative Procedure Act in all cases of appeal in lieu of Section 113, Board of Appeals, of the IBC.

(9) Subsection 1809.5, Frost protection, of the IBC requires that footings and foundations shall extend below the frost line. In all areas of the state outside of certified local government jurisdictions, the minimum depth from finished grade to the bottom of footings shall be three feet for single story wood or metal frame buildings, and four feet for multistory or masonry buildings. Buildings located on highly expansive or unstable soils may need engineered footings and foundation walls that extend below the minimum depths indicated above. At the discretion of the building official, the above minimum depths may not be required for properly designed so-called monolithic slabs for single story storage and similar use buildings. The building official may require monolithic slabs to be designed and stamped or certified by a Montana registered engineer who practices structural design. The design and stamp of a Montana licensed architect may be accepted in lieu of an engineer's stamp when the monolithic slab design is an incidental part of an architectural building design, as allowed by 37-67-103, MCA.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-107, 50-60-108, 50-60-109, 50-60-203, 50-60-212, MCA
History: NEW, 2002 MAR p. 2656, Eff. 9/27/02; AMD, 2002 MAR p. 3627, Eff. 12/27/02; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2014 MAR p. 2776, Eff. 11/7/14; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.146 Modifications to the International Building Code Applicable to Both the Department's and Local Government Code Enforcement Programs

(1) The following modifications to the International Building Code are applicable to both the department's building code enforcement program and local government building code enforcement programs.

(2) Subsection 101.4, Referenced Codes, is modified by adding the following: "Any reference to a separate specialty code, by title, either in this subsection or elsewhere in this code, shall be considered deleted and replaced with the title of the model code adopted and in effect at the time, as applicable."

(3) Subsection 101.4.3, Plumbing, is modified by:

(a) Deleting "International Plumbing Code" and replacing with "Uniform Plumbing Code."

(b) Deleting the last sentence: "The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems."

(4) Subsection 101.4.4, Property Maintenance, is deleted in its entirety.

(5) Subsection 101.4.5, Fire Prevention, is modified by deleting "International Fire Code" and replacing with "fire code adopted by the fire authority having jurisdiction."

(6) Subsection 101.4.7, Existing Buildings, is amended by the addition of the following sentence: "ARM 24.301.171 allows the provisions of either the International Building Code or the International Existing Building Code to be used for the remodel, repair, alteration, change of occupancy, addition, and relocation of an existing building."

(7) Subsection 105.1.1, Annual Permit, is deleted and replaced with the following: "At the discretion of the building official, a single annual permit may be issued for multiple buildings owned by a single entity, located in a single geographic location, which require similar and repetitive repair, restoration, and maintenance work."

(8) Subsection 107.2.8, Relocatable Buildings, is amended to delete "Section 3112" and replace it with "Section 3113."

(9) Subsection 107.3.1, Approval of Construction Documents, is deleted and replaced with the following sentence: "When the building official issues the permit where plans are required, the building official shall approve the construction documents, with corrections as required, or with adequate written resolution of deficiencies noted in plan review comments."

(10) Section 116, Unsafe Structures and Equipment, is deleted in its entirety.

(11) The following modifications apply to riding arenas:

(a) Subsection 312.1, General, is amended by addition of the following paragraph: "Riding arenas limited to occupant loads of 200 or less and used for boarding, breeding, and training of horses, horse shows and competitions, clinics and rider instruction, and open riding are considered agricultural buildings subject to the provisions of Appendix Chapter C, as amended. Uses such as rodeos, barn dances, craft and other nonlivestock shows, conventions, and similar events which result in large numbers of spectators or occupants are not allowed in riding arenas classified as agricultural buildings."

(b) Appendix Chapter C, Subsection C101.1, Scope, is amended by addition of: "9. Riding arenas as defined in amended Subsection 312.1, General."

(c) Appendix Chapter C, Subsection C104.1, Exit Facilities, is amended by addition of the following sentences to Exception 2: "The portion of riding arena buildings where riding will occur or where spectators may be present or seating is provided shall be provided with a minimum of four exits directly to the outside, with the exits located in a manner acceptable to the department that enhances exit from spectator areas. Exits from this portion of the building shall not be provided with a latch or lock unless it is panic hardware."

(d) Appendix Chapter C, Subsection C104.1, Exit Facilities, is amended by addition of Exception 3: "Exit doors for riding arenas shall not be less than 3 feet wide by 6 feet 8 inches high."

(12) Table 412.3.6, HANGAR FIRE SUPPRESSION REQUIREMENTS, Footnote a., is amended to add the following exception: “Exception: Aircraft hangars with a door height greater than 28 feet may be considered Group II if the hangar is only used for storage of private aircraft, and no refueling, removal of fuels, or engine repairs take place inside the hangar. Aircraft hangars meeting this exception must have visible signage stating that the hangar is only used for storage of the aircraft, and no refueling, removal of fuels, or engine repairs may take place inside the aircraft hangar.

(13) Section 508.5.1, Limitations, number one is amended to state the following: “1. The live/work unit is permitted to be not greater than 6000 square feet in area.”

(14) Section 508.5.7, Fire protection, is deleted in its entirety and replaced with the following: “Live/work units in buildings constructed as mixed use occupancies in accordance with this code shall be provided with all of the following:

An automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2 as amended per ARM 24.301.146.
Smoke alarms in accordance with Section 907.2.11.
Where required by Section 907.2.9.1, a manual fire alarm system.”

(15) Section 903.2.9, Group S-1, number five is amended to state as follows “5. A Group S-1 fire area used for the storage of lithium-ion or lithium metal powered vehicles where the fire area exceeds 1000 square feet.”

(16) Section 903.2.9.1, Group S-1, number five is amended to state as follows “5. A Group S-1 fire area used for the storage of lithium-ion or lithium metal powered vehicles where the fire area exceeds 1000 square feet.”

(17) Section 904.14.1, Manual system operation, Exception 2. is amended to delete “fire code official” and replace with “building code official.”

(18) Subsection 903.2.1.7, Multiple Fire Areas, is deleted in its entirety.

(19) In new or existing structures, the building official may allow the installation of noncode compliant equipment, facilities, or structural elements including but not limited to fire-extinguishing (sprinkler) systems or fire-resistive construction, which are not required by the building code, upon the finding that such installation does not negatively impact the overall compliance of the structure with the building code. Subsection 901.2, Fire Protection Systems, is modified by deleting the exception and replacing with the following: "Any fire protection system or portion thereof not required by this code shall be permitted to be installed for partial or complete protection at the discretion of the building official."

(20) Subsection 903.3.5, Inadequate Water Supply, is amended by addition of the following: "This subsection shall apply to buildings which are required by the International Building Code to be provided with an automatic fire extinguishing system and do not have access to an existing multiple user water supply system, such as a municipal water supply system or a private community water supply system, capable of providing the water supply requirements of National Fire Protection Association Standard for the Installation of Sprinkler Systems, 2022 edition (NFPA 13). Under such circumstances, water storage requirements may be modified by the building official. The modified design shall include sufficient storage onsite to operate the hydraulically remote area for the response time of the local fire department. Response time is the time from alarm to the time the fire department can apply water to the fire. Response time shall be established by the use of the formula T = 6.5 minutes (mobilization time) + 1.7 minutes/mile D (travel time), where T is response time, in minutes, and D is distance, in miles, from the fire station to the building. The modified water supply shall be sufficient to operate the system for the response time calculated above but not be less than 20 minutes. Water supply requirements shall be established by using the area/density method as defined in NFPA 13. A reduction in water storage of up to 50 percent, but not less than that required for a 20-minute supply is allowed. All automatic fire sprinkler system designs and components shall be in compliance with NFPA 13. When a modified water storage is allowed, the automatic fire sprinkler system must be equipped with a flow alarm, digital alarm communicator transmitter, and a fire department connection. The automatic fire sprinkler system shall be monitored by an approved central station in accordance with NFPA 72, National Fire Alarm Code, 2019 edition."

(21) The following modifications apply to IBC Group A2 occupancies, “rural event venues:”

(a) For the purpose of this rule, “rural event venue” shall be defined as a building or structure used for weddings and similar events; with a fire area 5000 or less square feet; without feasible access to a municipal water supply; and a fire separation distance of 60’ minimum from other buildings or structures for the entirety (meaning 100 percent) of the perimeter.

(b) The building official may, in their discretion, permit the construction of a rural event venue without a fire sprinkler system, if the following conditions are met:

(i) where a commercial kitchen is installed, the kitchen shall have a Type I hood installed with fire suppression over the cooking appliances according to the International Mechanical Code, as adopted in ARM 24.301.172. The kitchen shall also have an egress door directly to the exterior of the building;

(ii) buildings are not more than one story above grade plane;

(iii) the occupant load factor of 5 net' shall be used to calculate egress requirements in accordance with IBC chapter 10;

(iv) at least 50 percent of the number and minimum width or required capacity of the exits shall discharge directly to the exterior of the building;

(v) the maximum common path of egress travel distance shall not exceed 75 feet;

(vi) a fire alarm system is installed in accordance with NFPA 72;

(vii) fire extinguishers are located at each exit;

(viii) illuminated exit signs and emergency lighting are installed; and

(ix) no open flames, kerosene, or diesel heaters installed.

(c) The building official may waive, in the building official's discretion, one of the required conditions in (b) if the exterior of the building is constructed of noncombustible materials with the exception of (i). The building official may not waive the requirement of a Type I hood in a commercial kitchen.

(22) The following modifications apply to IBC Group A-3 occupancies, and IBC Group A-4 occupancies:

(a) Buildings with a fire area less than 6,000 square feet without feasible access to a municipal water supply shall be permitted to be constructed without a fire sprinkler system, provided the following conditions are met:

(i) buildings are not more than one story above grade plane;

(ii) the occupant load factor of '5 net' shall be used to calculate egress requirements in accordance with IBC chapter 10;

(iii) at least 50 percent of the number and minimum width or required capacity of the exits shall discharge directly to the exterior of the building;

(iv) the maximum common path of egress travel distance shall not exceed 75 feet;

(v) local fire department response time is less than 20 minutes; and

(vi) a fire alarm system is installed in accordance with NFPA 72.

(b) The building official may waive, in the building official's discretion, one of the required conditions in (a) if the exterior of the building is constructed of noncombustible materials.

(23) The standards for fire-extinguishing systems and standpipe systems referenced in Chapter 9 of the International Building Code shall be the following unamended National Fire Protection Association (NFPA) Standards:

(a) Fire-extinguishing system.

(i) Installation of Sprinkler Systems: NFPA 13 Standard for the Installation of Sprinkler Systems, 2022 edition.

(ii) Installation of Sprinkler Systems in Group R Occupancies Four Stories or Less: NFPA 13R Standard for the Installation of Sprinkler Systems in Low-Rise Residential Occupancies, 2022 edition.

(b) Standpipe Systems: NFPA 14 Standard for the Installation of Standpipe and Hose Systems, 2024 edition.

(c) Notwithstanding any other provisions or references to the contrary within the NFPA standards or fire code as referenced in (5), the authority having jurisdiction over any fire protection system required by the International Building Code shall be the building official.

(24) Delete Subsection 903.2.8, Group R, and replace with the following:

"1. An approved automatic sprinkler system installed in accordance with Section 903.3, Installation Requirements, shall be provided throughout all Group R buildings meeting any of the following criteria:

"a. 9 or more transient guests or 5 or more transient guestrooms in R-1 or R-2 occupancies;

"b. 9 or more occupants in other than dwelling units;

"c. 5 or more dwelling units; or

"d. more than 2 stories in other than dwelling units.

"2. In lieu of the above required automatic sprinkler system in buildings not more than three stories above the lowest level of exit discharge, each dwelling or sleeping unit may be provided with at least one door leading directly to an exterior exit access that leads directly to approved exits.

"3. "Transient guest" for the purpose of this subsection shall mean an occupant who is primarily transient in nature, staying at one location for 30 days or less."

"4. "The requirements for automatic sprinkler systems for R-4 occupancies are found in ARM 24.301.146."

(25) Subsection 903.2.4.2, Group F-1 Distilled Spirits, is amended to include: "Exception: An automatic sprinkler system is not required where a Group F1 fire area used for the manufacture of distilled spirits is not more than one story above grade plane, and not exceeding 2,500 square feet."

(26) Subsection 903.2.9.3, Group S-1 Distilled Spirits or Wine, is amended to include: "Exception: An automatic sprinkler system is not required where a Group S1 fire area used for the bulk storage of distilled spirits or wine is not more than one story above grade plane, and not exceeding 2,500 square feet."

(27) Subsection 903.3.1.2, NFPA 13R sprinkler systems, is amended as follows: Automatic sprinkler systems in Group R occupancies shall be permitted to be installed throughout in accordance with NFPA 13R where the Group R occupancy meets all of the following conditions:

"1. Four stories or fewer above grade plane.

"2. Building is 60ft in height or less above grade plane.

"3. The floor level of the lowest story is 30 feet (9144 mm) or less below the lowest level of fire department vehicle access.

"The number of stories of Group R occupancies constructed in accordance with Sections 510.2 and 510.4 shall be measured from grade plane."

(28) Subsection 905.3.1, Height, is amended as follows: "Class III standpipe systems shall be installed throughout buildings where any of the following conditions exist:

"1. Four or more stories are above or below grade plane.

"2. Building is 60ft in height or more above grade plane.

"3. The floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access."

(29) Table 1006.2.1, Spaces with One Exit or Exit Access Doorway, referenced in subsection 1006.2.1, Egress based on occupant load and common path of egress travel distance, shall be amended for R1, R2, R3, and R4 occupancies by deletion of NP and insertion of the number 100 for occupant loads less than 30 and 75 for occupant loads greater than 30.

(30) Section 1010.1.1, Size of doors, number nine is amended by deleting “Section 421.4.2 of the International Plumbing Code” and replacing it with “Section 408.5 of the Uniform Plumbing Code.”

(31) Subsection 1020.2, Construction, is amended by addition of the following: "Upgrading of corridors in existing E occupancies serving an occupant load of 30 or more, may have walls and ceilings of not less than one-hour fire-resistive construction as required by this code. Existing walls surfaced with wood lathe and plaster in good condition or 1/2-inch gypsum wallboard or openings with fixed wired glass set in steel frames are permitted for corridor walls and ceilings and occupancy separations when approved. Doors opening into such corridors shall be protected by 20-minute fire assemblies or solid wood doors not less than 1 3/4 inches (45 mm) thick. Where the existing frame will not accommodate the 1 3/4-inch-thick door, a 1 3/8-inch-thick solid bonded wood-core door or equivalent insulated steel door shall be permitted. Doors shall be self-closing or automatic closing by smoke detection. Transoms and openings other than doors from corridors to rooms shall comply with this code or shall be covered with a minimum of 3/4-inch plywood or 1/2-inch gypsum wallboard or equivalent material on the room side. Exception: Existing corridor walls, ceilings, and opening protection not in compliance with the above may be continued when such buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler system may be supplied from the domestic water system if it is of adequate volume and pressure."

(32) For "R" occupancies that are exempt from the requirements of a fire sprinkler system, pursuant to ARM 24.301.146, Table 1020.2, Corridor Fire-Resistance Rating, referenced in subsection 1020.2, Construction, shall be amended in regard to "R" occupancies by the deletion of the language "Greater than 10" and insertion of the language "Greater than 8" under the heading "Occupant Load Serviced By Corridor." The table shall also be amended by the deletion of the language "Not Permitted" and insertion of "1" under the heading "Without sprinkler system".

(33) Subsection 1031, Emergency Escape and Rescue, is amended as follows: "General. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be required in all sleeping rooms in Group R occupancies located in buildings that do not have an automatic sprinkler system and in the following occupancies:"

(34) Section 1502.1, General, is amended by deleting “Chapter 11 of the International Plumbing Code” and replacing it with “the Uniform Plumbing Code.”

(35) Subsection 1608.2, Ground Snow Loads, is deleted and replaced with the following: "Snow loads shall be determined by the building official. In areas of the state outside of certified city, county, and town jurisdictions, the design snow load shall be calculated using the 2022 edition of the American Society of Civil Engineer's "Minimum Design Loads and Associated Criteria for Buildings and Other Structures, ASCE/SEI 7-22." The information is available online using the "ASCE 7 Hazard Tool" at https://asce7hazardtool.online/. The minimum design roof snow load after allowed reductions shall be 30 psf unless justified by a Montana licensed design professional to the satisfaction of the building official. Coefficients and factors other than those specified in the building code may be used when justified by a Montana licensed design professional to the satisfaction of the building official."

(36) Section 1709.5.2.1, Garage doors and rolling doors, is amended by deleting the second sentence.

(37) Section 2801.1 Scope, is amended to delete references to the “International Fire Code” and the “International Property Maintenance Code.”

(38) Subsection 2902.1, Minimum Number of Fixtures, is modified by deleting and replacing with the following: "Plumbing fixtures shall be provided as established in ARM 24.301.351."

(39) Table 2902.1, MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES, is modified by deleting and replacing with ARM 24.301.351.

(40) Subsection 2902.3, Required Public Toilet Facilities, is deleted and replaced with "Required public toilet facilities shall be provided in accordance with the Uniform Plumbing Code 2024 Subsection 422.4."

(41) Subsection 3001.2, Emergency elevator communication equipment systems for the deaf, hard of hearing, and speech impaired, is amended as follows: "Emergency elevator communication systems for the deaf, hard of hearing and speech impaired. An emergency two-way communication system shall be provided in accordance with the provisions of ASME A17.1/CSA B44 and NFPA 72."

(42) Delete Section 3107, General, in its entirety.

(43) Delete Section 3109, General, in its entirety and replace with the International Swimming Pool and Spa Code, 2024 edition as adopted in ARM 24.301.175.

(44) Delete Chapter 32, Encroachments into the Public Right-of-Way, in its entirety.

(45) Delete Chapter 33, Safeguards During Construction, in its entirety.

(46) Community residential facilities are subject to this rule as follows:

(a) As specified in 76-2-412, MCA, building codes which are not applicable to residential occupancies may not be applied to a community residential facility serving eight or fewer persons or to a day care home serving 12 or fewer children.

(b) A community residential facility as defined in 76-2-411, MCA, includes an assisted living facility licensed under 50-5-227, MCA. Residential building codes are applicable to assisted living facilities with eight or fewer persons and a building permit will not be required by the department. Within the jurisdictional area of a local government that is certified to enforce the International Residential Code for single family dwellings, residential building codes shall be applied to assisted living facilities with eight or fewer persons.

(c) A licensed adult foster care home, as defined in 50-5-101, MCA, which by definition is limited to four or fewer residents, is the equivalent to a licensed adult foster family care home referenced in 76-2-411, MCA, and is therefore a community residential facility. Within the jurisdictional area of a local government that is certified to enforce building codes for single family dwellings, a licensed adult foster care home will be classified as a Group R, Division 3 structure for building permit and construction standard purposes. Within the state's jurisdictional area a licensed adult foster care home will be treated as a residential building exempt from the state building code as provided in 50-60-102, MCA.

(47) The building official may waive minor building code violations that do not constitute an imminent threat to property or to the health, safety, or welfare of any person.

(48) The building official may accept high quality, essentially defect-free, rough sawn lumber as being equal and an alternative to graded and stamped dimension lumber. The building official may require in-place installations of rough sawn lumber to be inspected and certified by a Montana licensed engineer or inspected and approved by a certified lumber grader.

(49) The building official may accept high quality log construction as being equal and an alternative to graded and stamped dimension lumber. Typically, nine inch or greater nominal diameter log wall construction is considered to be equivalent to one-hour fire-resistive construction provided the minimum dimension is five inches or more.

(50) A private garage is a building or a portion of a building in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. A building in which vehicles are repaired or stored as part of commercial enterprise or business, even if on the premises of a dwelling, is not a private garage.

(51) A private storage structure is a building:

(a) used for storage of personal effects of the owner only;

(b) not used for storage of items relating to any for profit or nonprofit venture which intends or contemplates any transfer or exchange of the stored items; and

(52) Aircraft hangars, even if for private use, are not exempt as private garages or private storage structures unless located on the same parcel of private property or lot as the owner's residence. Aircraft hangars that are used in conjunction with a commercial activity of any kind are not exempt as private garages or private storage structures regardless of location. Aircraft hangars, less than 5000 square feet in size, that are used only for parking of an aircraft and where no repair work or welding is performed, where no fuel is dispensed, and where no other attached portions of the building are occupied and classified as an A, B, R, I, or M, will be classified as utility buildings (Group U).

(53) Upon the effective date of new requirements, administrative rules, and/or adoption of new editions of model codes, any building or project for which a legal building permit has been issued shall not be required to meet the new requirements. If the building or project is subsequently altered or remodeled, the alteration or remodel shall be subject to the applicable requirements in effect at the time of permit issuance for the new work. On a case-by-case basis, the building official shall have the discretion to determine if the process for issuance of a legal permit was substantially complete enough to warrant the exemption of the project or building from the new requirements, rules, or code provisions.

(54) The building official may require an applicant for a building permit to obtain, at the applicant's expense, an independent plan review from a plan review firm or agency acceptable to the building official. The independent plan review shall include, but is not limited to, a structural review for compliance with the requirements of the building code. The building official shall modify the plan review fee for projects which were required to obtain the independent plan review to be commensurate with the services provided by the agency in relation to the fee charged the applicant by the independent plan review firm or agency.

(55) This section only applies to buildings that fall under the additional provisions of Title 18, MCA. A building must meet the requirements of Title 18, MCA, in addition to the requirements of Title 50, MCA, if it is owned by the state or one of its political subdivisions. The definition of public building in 50-60-101, MCA, does not apply for purposes of this section only, but does apply for purposes of every other section of this rule.

(a) The requirement of Title 18, MCA, is as follows: Construction documents for public buildings, owned by the state and its political subdivisions as outlined by 18-2-122, MCA, shall bear the seal of a design professional.

(i) The building official may waive the requirements for a design professional seal for minor projects such as storage sheds and minor renovations, which do not have a direct bearing on the public health and safety.

(ii) The requirement for the seal of a design professional may be waived for projects for which documentation has been submitted, including but not limited to, a letter from the attorney for the local jurisdiction where the project is located, which supports a conclusion that the scope of the project does not have the potential to have a direct bearing on public health and safety.

(56) The term "farm or ranch building" as used in 50-60-102, MCA, is defined as a building located on and used in conjunction with, or in support of an agricultural use of a parcel of land, that either totals 160 or more contiguous acres under one ownership or is classified as agricultural pursuant to Title 15, chapter 7, part 2, MCA. The term "farm and ranch building" does not include buildings which are classified as either Group F or Group M Occupancies by the International Building Code.

(57) Notwithstanding any other provisions within the International Building Code, the following adult group residential facilities, licensed by the Department of Public Health and Human Services will be classified and treated as follows:

(a) Assisted living facilities with 9 to 19 ambulatory residents, as referenced as a category A facility in 50-5-226, MCA, will be classified as an R-4 occupancy for building permit and construction standard purposes.

(i) Automatic fire sprinkler systems are not required.

(ii) A fire alarm system is required in all common spaces.

(b) Assisted living facilities with 5 or more non-ambulatory residents, as referenced as category B, C, and D facilities in 50-5-226, MCA, will be classified as an R-4 occupancy for building permit and construction standards purposes.

(i) An automatic fire sprinkler system is required.

(ii) Each non-ambulatory resident shall have an accessible sleeping room or space.

(c) An assisted living facility with 20 or more ambulatory or non-ambulatory residents will be classified as an R-2 occupancy for building permit and construction standards and shall meet accessibility standards as provided in IBC section 1103, Scoping Requirements.

(i) Automatic fire sprinkler systems are required.

(ii) A fire wall cannot be used to isolate and reduce occupant loads in order to avoid an R-2 classification.

(58) Section 50-60-102, MCA, exempts certain buildings from application of the state building codes. Provisions of the IBC shall not be applied in determining whether a building or structure is exempt from the state building codes. For example, fire walls as described in Section 706, Fire Walls, of the IBC shall not be used to separate buildings otherwise covered by the state building codes into smaller buildings that would, if alone, be exempted by 50-60-102, MCA.

(59) The exemptions in 50-60-102, MCA, do not apply to any building used as or in conjunction with a hotel, motel, inn, motor court, guest or dude ranch, tourist home, public lodging house, youth camp, church camp, dormitory, youth living quarters, adult prerelease centers, bed and breakfast establishment, or other places where sleeping accommodations are furnished for a fee to a transient guest. "Transient guest" means a guest staying at one location for 30 days or less.

(60) All references to the "International Plumbing Code" shall be deleted and replaced with "Uniform Plumbing Code."

(61) All references to the "International Property Maintenance Code" shall be deleted.

(62) All references to the "Sewage Disposal Code" shall be deleted.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-101, 50-60-102, 50-60-104, 50-60-201, 50-60-203, 50-60-205, MCA
History: NEW, 2002 MAR p. 2656, Eff. 9/27/02; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2014 MAR p. 2776, Eff. 11/7/14; AMD, 2016 MAR p. 19, Eff. 1/9/16; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2021 MAR p. 1216, Eff. 9/25/21; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.151 Effective Date of International Building Code

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-203, MCA
History: NEW, 2002 MAR p. 2656, Eff. 9/27/02; REP, 2004 MAR p. 571, Eff. 3/12/04.

Mont. Admin. R. 24.301.154 Incorporation by Reference of International Residential Code

(1) The International Residential Code (IRC) is a nationally recognized model code setting forth minimum standards and requirements for detached one- or two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade in height, and their accessory structures. The IRC also provides a framework for program administration.

(2) The department adopts and incorporates by reference the International Residential Code, 2024 Edition, referred to as the International Residential Code or IRC, together with:

(a) Appendix BB, Tiny Houses. Appendix BB may be adopted by a certified city, county, or town building code jurisdiction. The department will apply Appendix BB to factory-built buildings which meet the definition of a tiny house as having 400 square feet or less in floor area excluding lofts, and which are intended to be mounted on a permanent foundation and used as a single-family dwelling.

(b) Appendix BC, Accessory Dwelling Units. Appendix BC may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix BC.

(c) Appendix BE, Radon Resistant New Construction. Appendix BE may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix BE.

(d) Appendix BJ, Strawbale Construction. Appendix BJ may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix BJ.

(3) Chapters 11 through 14, inclusive, are deleted in their entirety and chapters 16 through 43, inclusive, are deleted in their entirety. Chapter 15, Exhaust Systems, is adopted as an alternative to the International Mechanical Code for exhaust systems only. All other requirements for mechanical systems in detached one- or two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade in height, and their accessory structures, shall be found in the latest adopted edition of the International Mechanical Code.

(4) Subsection R102.6, Existing Structures, is deleted and replaced with the following: "The legal occupancy of any structure existing on the date of this code shall be permitted to continue without change, except as is specifically covered in this code or the legally adopted fire code as administered by the fire authority having jurisdiction."

(5) Subsection R317.5, Fire Sprinklers, is deleted in its entirety.

(6) Subsection R301.6, Roof Load, is deleted and replaced with the following: "Snow loads shall be determined by the building official. In areas of the state outside of certified city, county, or town jurisdictions, the design snow load shall be based on the ground snow loads calculated using the 2022 edition of the American Society of Civil Engineer's "Minimum Design Loads and Associated Criteria for Buildings and Other Structures, ASCE/SEI 7-22." The information is available online using the "ASCE 7 Hazard Tool" at https://asce7hazardtool.online/. The minimum design roof snow load after allowed reductions shall be 30 psf unless justified by a Montana licensed design professional to the satisfaction of the building official. Coefficients and factors other than those specified in the building code may be used when justified by a Montana licensed design professional to the satisfaction of the building official."

(7) Subsection R302.2.2, Common walls, delete "Chapters 34 through 43" and replace with "the adopted electrical code in ARM Title 24, chapter 301, subchapter 4."

(8) Subsection R302.2.6, Structural Independence, delete exception number five and replace with the following: "Townhouses separated by a common two-hour fire-resistance-rated wall as provided in Section R302.2."

(9) Subsection R302.3.5, Vertically stacked dwelling units, number two is deleted in its entirety.

(10) Subsection R302.13, Fire Protection of Floors, is deleted in its entirety.

(11) Section R309, Automatic Fire Sprinkler Systems, is deleted in its entirety.

(12) Subsection R318.3.1, Floor elevations at the required egress doors, Exception, is amended to state the following: “The landing or floor on the exterior side shall be not more than 8 1/4 inches below the top of the threshold provided that the door does not swing over the landing or floor.”

(13) Subsection R318.3.2, Floor elevations at the other exterior doors, is amended to state the following: “Exterior doors other than the required egress door shall be provided with landings or floors not more than 8 1/4 inches below the top of the threshold.”

(14) Subsection R318.7.5.1, Risers, is amended to allow a maximum riser height of 8 1/4 inches.

(15) Subsection R318.7.5.2, Treads, is amended to allow a minimum tread depth of nine inches.

(16) Subsection R321.1.1, Where required, delete the first sentence and replace with the following: "Guards shall be located along open-sided walking surfaces, including stairs, ramps, and landings, that are located more than 30 inches measured vertically to the floor or grade below."

(17) Subsection R403.1.1, Minimum size, is modified to add the following: "Exception: The building official may allow footings to be designed in accordance with Section R403 of the 2012 IRC or may allow footings engineered by a design professional."

(18) Subsection R403.1.6, Foundation Anchorage, is deleted in its entirety and replaced with the following: "Where wood sill and sole plates are supported directly on continuous foundation walls or monolithic slabs with integral footings required by the provisions of this code, they shall be anchored to the foundation in accordance with this section. Cold-formed steel floor and wall framing shall be anchored to the foundation in accordance with Section R505.3.1 or R603.3.1. Wood sole plates at all exterior walls, wood sole plates of braced wall lines at building interiors on monolithic slabs with integral footings and all wood sill plates shall be anchored to the foundation with minimum one-half inch diameter anchor bolts spaced a maximum of six feet on center or approved anchors or anchor straps spaced as required to provide equivalent anchorage to the one-half inch diameter anchor bolts. Bolts shall extend a minimum of seven inches into concrete or grouted cells of concrete masonry units. A nut and washer shall be tightened on each anchor bolt. There shall be a minimum of two bolts per plate section with one bolt located not more than 12 inches or less than seven bolt diameters from each end of the plate section. Interior bearing wall sole plates on monolithic slab foundations with integral footings that are not part of a braced wall line shall be positively anchored with approved fasteners. Sill plates and sole plates shall be protected against decay and termites where required by sections R304 and R305.

Exceptions:

Walls 24 inches total length or shorter connecting offset braced wall panels shall be anchored to the foundation with a minimum of one anchor bolt located in the center third of the plate section and shall be attached to adjacent braced wall panels at corners as shown in item 8 of Table R602.3(1).
Connections of walls 12 inches total length or shorter connecting offset braced wall panels to the foundation without anchor bolts shall be permitted. The wall shall be attached to adjacent braced wall panels at corners as shown in item 8 of table R602.3(1)."

(19) Subsection R405.1 is amended by adding the following: "A drainage system is not required when continuous rain gutters are installed incorporating drain extensions which divert storm water a minimum of six feet (1.83 m) away from the foundation and grading is done in accordance with R401.3. A drainage system may be required where high water tables are known to exist or geological conditions which require a soils engineering report, performed in accordance with R401.4, specify the need for foundation drainage."

(20) Subsection R602.10, Wall Bracing, delete the first sentence and replace with the following: "Building shall be braced in accordance with this section or, when applicable, Section R602.12, or the most current version of APA System Report SR-102 as an alternate method.

(21) Subsection R602.10.10, Cripple Wall Bracing, add the following sentence: "The distance between adjacent edges of braced wall panels shall be 20 feet."

(22) Subsection R609.4.1, Garage door labeling, delete first sentence in its entirety.

(23) Subsection R703.4, Flashing, delete the first paragraph in its entirety and replace with the following: "Flashing shall be provided in accordance with this section to prevent entry of water into the wall cavity or penetration of water to the building structural framing components. Flashing shall extend to the surface of the exterior wall finish or to the water-resistive barrier for drainage and shall be installed at all of the following locations:"

Further, delete Number "1", number "1.1", number "1.2", and number "1.3" in their entirety and replace with the following: "1. Exterior window and door openings."

Number "2" through "7" remain unchanged in Subsection R703.4.

(24) Replace subsection R703.4.1 as follows: "R703.4.1, Flashing Materials. Approved flashing materials shall be corrosion-resistant. Self-adhered membranes used as flashing shall comply with AAMA 711. Pan Flashing shall comply with Subsection R703.4.2. Installation of flashing materials shall be in accordance with Subsection R703.4.3.

(25) Add new subsection as follows: "R703.4.2, Pan Flashing. Pan Flashing installed at the sill of exterior window and door openings shall comply with this section. Pan Flashing shall be corrosion-resistant and shall be permitted to be pre-manufactured, fabricated, formed, or applied at the job site. Self-adhered membranes complying with AAMA 711 shall be permitted to be used as Pan Flashing. Pan Flashing shall be sealed or sloped in such a manner as to direct water to the surface of the exterior wall finish or to the water-resistive barrier for subsequent drainage."

(26) Add new subsection as follows: "R703.4.3, Flashing Installation. Installation of flashing materials shall be in accordance with one or more of the following methods:

The fenestration manufacturer's installation and flashing instructions.
The flashing manufacturer's installation instructions.
Flashing details approved by the Building Official.
As detailed by a Registered Design Professional."

(27) Subsection R905.1.2 is amended by deletion of the language "areas where there has been a history of ice forming along the eaves causing a backup of water as designated in Table R301.2" and insert "the State of Montana."

(28) Appendices do not apply to a certified city, county, or town building code jurisdiction unless specifically authorized or adopted by the department and adopted by the certified city, county, or town building code jurisdiction.

(29) A copy of the International Residential Code may be obtained from the International Code Council at www.ICCsafe.org.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-102, 50-60-201, 50-60-203, MCA
History: NEW, 2002 MAR p. 2656, Eff. 9/27/02; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2004 MAR p. 2103, Eff. 9/3/04; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2014 MAR p. 2776, Eff. 11/7/14; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.158 Effective Date of International Residential Code

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-203, MCA
History: NEW, 2002 MAR p. 2656, Eff. 9/27/02; REP, 2004 MAR p. 571, Eff. 3/31/04.

Mont. Admin. R. 24.301.160 Incorporation by Reference of the Model Energy Code

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-201, 50-60-203, 50-60-803, MCA
Implementing statute(s): 50-60-201, 50-60-203, 50-60-803, MCA
History: NEW, 1978 MAR p. 66, Eff. 1/26/78; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1986 MAR p. 106, Eff. 1/31/86; AMD, 1989 MAR p. 1909, Eff. 11/22/89; AMD, 1992 MAR p. 1133, Eff. 5/29/92; AMD, 1994 MAR p. 670, Eff. 2/11/94; AMD, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1997 MAR p. 2061, Eff. 11/18/97; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, 2001 MAR p. 2301; REP, 2004 MAR p. 2103, Eff. 9/3/04.

Mont. Admin. R. 24.301.161 Incorporation by Reference of International Energy Conservation Code

(1) The department adopts and incorporates by reference the International Code Council’s International Energy Conservation Code, 2024 Edition, referred to as the International Energy Conservation Code, unless another edition is specifically stated, together with the following Appendix and amendments.

(2) Subsections C105.1 and R105.1, General, are deleted and replaced with the following: "With each application for a building permit, and when required by the building official, plans and specifications shall be submitted. The building official may require plans and specifications be prepared by an engineer or architect licensed to practice by the state, except for owner-occupied, single-family dwelling houses."

(a) Exception:

"The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code."

(3) Subsections C107 and R107, Required Inspections, are deleted in their entirety when the code is used by department. It remains undeleted and available for use for certified local governments using the code.

(4) Table C402.1.3, OPAQUE BUILDING THERMAL ENVELOPE INSULATION COMPONENT MINIMUM REQUIREMENTS, R-VALUE METHOD, is amended to change the requirements for Wood framed walls, above grade, in CLIMATE ZONE 6 to the following R-value: 'R-21 or R-20 + R-5ci or R-13 + R-10ci or R-20ci.'

(5) Subsection C402.7, Thermal bridges, is deleted in its entirety. This subsection is not deleted and may be used by certified local governments using the code.

(6) Subsection C403.4.7, Heating and cooling system controls for operable openings to the outdoors, is deleted in its entirety.

(7) Subsection C402.6.1, Air barriers, is deleted and replaced with the following: "A continuous barrier for the opaque building envelope shall comply with the following: Buildings or portions of buildings, including group R and I occupancies, shall meet the provisions of Section C406.2.2 or C406.2.1 or R402.5.1.2 and R402.5.1.3.”

(8) Subsection C403.7.2, Parking garage ventilation controls, Exception, is adopted with a modification increasing the maximum hp rating from 5 hp to 7 hp.

(9) Subsection C403.7.8, Occupied standby controls, Exception, is adopted with an additional exception to state: “Zones that are part of a multiple-zone system without automatic zone flow control dampers, and single zone systems without DDC control.”

(10) Subsection C403.7.9, Dwelling unit ventilation system, is deleted in its entirety.

(11) Subsection C405.2.4, Daylight responsive controls, Exception 3. is amended to state “Enclosed spaces less than 500 square feet.”

(12) Subsection C405.2.4.2, Sidelit daylight zone, is amended to remove requirement (3) in its entirety.

(13) Subsection C405.2.5, Specific application controls, number four, is deleted in its entirety.

(14) Subsection C405.2.7.3, Lighting setback, number two regarding exterior parking areas, is deleted in its entirety.

(15) Subsection C405.2.8.1, Demand responsive lighting controls function, is deleted in its entirety.

(16) Subsection C405.2.10.1, Sleeping units and dwelling units in hotels, motels and vacation timeshare properties, is adopted with the modification of deleting all reference and requirements for receptacles.

(17) Subsection C405.12, Automatic receptacle control , is deleted in its entirety.

(18) Subsection C405.13, Energy monitoring, is deleted in its entirety.

(19) Subsection C405.15, Renewable energy systems, is deleted in its entirety.

(20) Section C406, ADDITIONAL EFFICIENCY, RENEWABLE AND LOAD MANAGEMENT REQUIREMENTS, is deleted in its entirety.

(21) Subsection C408.3, Functional testing of lighting and receptacle controls, is deleted in its entirety.

(22) Subsection C502.3.8, Renewable energy systems, is deleted in its entirety.

(23) Table R402.1.2, MAXIMUM ASSEMBLY U-FACTORS AND FENESTRATION REQUIREMENTS, is amending requirements as shown below in the table:

Climate Zone | Fenestration U-Factor | Skylight U-Factor | Ceiling U-Factor | Frame Wall U-Factor | Mass Wall U-Factor | Floor U-Factor | Basement Wall U-Factor | Crawl Space Wall U-Factor 6 | 0.30 | 0.55 | 0.026 | 0.045 | 0.060 | 0.033 | 0.050 | 0.055

(24) Table R402.1.3, INSULATION MINIMUM R-VALUES AND FENESTRATION REQUIREMENTS BY COMPONENT, is amending requirements for Climate Zone 6 as WOOD FRAMED WALL R-VALUE 'R-21 or R-20 + R-5ci or R-13 + R-10ci or R-20ci.'

(25) Subsection R402.2.2, Ceilings Without Attics, is deleted and replaced with the following: "Where Table R402.1.3 would require insulation levels above R-30 and the design of the roof/ceiling assembly does not allow sufficient space for the required insulation, the minimum required insulation for such roof/ceiling assemblies shall be R-30. This reduction of insulation from the requirements of Table R402.1.3, shall be limited to 250 square feet or ten percent of the total insulated ceiling area, whichever is less. This reduction shall not apply to the U-factor alternative approach in Section R402.1.4, and the total UA alternative in Section R402.1.5."

(26) Subsection R402.2.11, Crawl Space Walls, is deleted and replaced with the following: "As an alternative to insulating floors over crawl spaces, crawl space walls shall be permitted to be insulated when the crawl space is not vented to the outside. Temporary crawl space vent openings are allowed during construction for crawl spaces that have insulated crawl space walls. These temporary crawl space vent openings shall be closed, sealed, and insulated to the same R-value of the surrounding crawl space wall insulation once construction is complete and prior to the time that the final building inspection would occur. Crawl space wall insulation shall be permanently fastened to the wall and shall extend downward from the floor, the entire height of the crawl space wall. Exposed earth in unvented crawl space foundations shall be covered with a continuous Class I vapor retarder. All joints of the vapor retarder shall overlap six inches and be sealed or taped. The edges of the vapor retarder shall extend at least six inches up the stem wall and shall be attached and sealed to the stem wall."

(27) Subsection R402.5.1.2, Air leakage testing, is deleted and replaced with the following: The building or dwelling unit shall be tested and verified as having an air leakage rate of not exceeding 3.0 air changes per hour in Climate Zone 6. Testing shall be conducted with a blower door at a pressure of 0.2 inches w.g. (50 Pascals). Where required by the code official, testing shall be conducted by an approved party. A written report of the results of the test shall be signed by the party conducting the test and provided to the code official. Testing shall be performed at any time after creation of all penetrations of the building thermal envelope. During testing:

"(i) exterior windows and doors, fireplace and stove doors shall be closed, but not sealed;

"(ii) dampers shall be closed, but not sealed, including exhaust, intake, makeup air, back draft and flue dampers;

"(iii) interior doors shall be open;

"(iv) exterior openings for continuous ventilation systems and heat recovery ventilators shall be closed and sealed;

"(v) heating and cooling system(s) shall be turned off;

"(vi) "B" or "L" vents, combustion air vents, and dryer vents shall be sealed; and

"(vii) supply and return registers, where installed at the time of test, shall by fully open.

(28) Subsection R402.5.1.3, Maximum air leakage rate, is amended as follows: "When complying with Subsection R401.2.1, the building or dwelling unit shall have an air leakage rate not exceeding 3.0 air changes per hour in Climate Zone 6, when tested in accordance with Subsection R402.4.1.2."

(29) Subsection R403.3.2, Building cavities, is adopted with the addition of the following: “Exception: Building framing cavities may be used for return ducts if there is no atmospherically vented furnace, boiler, or water heater located in the house outside of a sealed and insulated room that is isolated from inside the thermal envelope and if the duct system has been tested as having a maximum total leakage not greater than 4 cfm/SF. The room walls, floor, and ceilings shall be insulated in accordance with the basement wall requirements of Table R402.1.3 INSULATION MINIMUM R-VALUES AND FENESTRATION REQUIREMENTS BY COMPONENT. A duct air leakage test shall not be required where the ducts and air handlers are located entirely within the building thermal envelope.”

(30) Subsection R403.4, Mechanical System Piping Insulation, is deleted and replaced with "Mechanical system piping shall be insulated in accordance with the Uniform Plumbing Code (UPC) 2024 edition."

(31) Subsection R403.5, Service Hot Water Systems, is deleted and replaced with "Service hot water systems shall be insulated in accordance with subsection L 503.3.3 of the Uniform Plumbing Code (UPC) 2024 edition."

(32) Subsection R403.5.2, Hot Water Pipe Insulation, is deleted and replaced with "Hot water pipe insulation shall be insulated in accordance with subsections 609.12 and L 501.2 of the Uniform Plumbing Code (UPC) 2024 edition."

(33) Appendix CB, Solar-Ready Zone - Commercial. Appendix CB may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix CB.

(34) Appendix RB, Solar-Ready Provisions–Detached One- and Two-Family Dwellings and Townhouses. Appendix RB may be adopted by a certified city, county, or town building code jurisdiction. The department shall not apply or enforce Appendix RB.

(35) The purpose of the International Energy Conservation Code is to provide minimum requirements for the design of new buildings and structures and additions to existing buildings, regulating their exterior envelopes and selection of their heating, ventilating, air conditioning, service water heating, electrical distribution and illuminating systems, and equipment for effective use of energy.

(36) The department encourages owners, design professionals, and builders to voluntarily implement greater levels of energy efficiency in building design and construction than those required by the International Energy Conservation Code. Information regarding voluntary building standards for greater levels of energy efficiency can be obtained from the department by contacting the Department of Labor and Industry, Building Codes Program, P.O. Box 200517, Helena, MT 59620-0517, or at the department's web site.

(37) The International Energy Conservation Code is a nationally recognized model code for energy efficient construction of buildings. A copy of the International Energy Conservation Code may be obtained from the International Code Council at www.ICCsafe.org.

History

Authorizing statute(s): 50-60-203, 50-60-803, MCA
Implementing statute(s): 50-60-201, 50-60-203, 50-60-803, MCA
History: NEW, 2004 MAR p. 2103, Eff. 9/3/04; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2010 MAR p. 750, Eff. 3/26/10; AMD, 2014 MAR p. 2776, Eff. 11/7/14; AMD, 2021 MAR p. 177, Eff. 2/13/21; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.162 Energy Labeling Stickers

(1) Where the energy labeling sticker is required by 50-60-803 , MCA, the labeling sticker shall describe the energy efficiency components of the home. The builder or representative shall sign, date, and complete the label and permanently attach it to the interior electrical panel. The energy efficiency component labeling sticker must be a permanent self-adhesive label four by six inches in size that includes the following information:

(a) building address, name of builder or representative, date, and signature;

(b) nominal R-values for flat and vaulted ceilings, above grade walls, basement and crawlspace foundation insulation, floors over unheated space, slab insulation, and exterior doors;

(c) overall window unit U-factor. Window U-factor information is the factor stated on the window label from the National Fenestration Rating Council (NFRC) ;

(d) the energy efficiency rating of the heating system. This is the annual fuel utilization efficiency (AFUE) for gas heating systems and the heating season performance factor (HSPF) for heat pumps;

(e) energy efficiency information for water heaters. This is the energy factor (EF) rating, from the manufacturer and stated on the water heater; and

(f) other information that may be listed as an option to describe energy efficiency features of the home not stated above.

History

Authorizing statute(s): 50-60-203, 50-60-803, MCA
Implementing statute(s): 50-60-201, 50-60-203, 50-60-803, MCA
History: NEW, 2004 MAR p. 2103, Eff. 9/3/04.

Mont. Admin. R. 24.301.170 Incorporation by Reference of Uniform Mechanical Code

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-104, 50-60-201, 50-60-203, 50-60-508, MCA
Implementing statute(s): 50-60-103, 50-60-104, 50-60-201, 50-60-203, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; AMD, 1979 MAR p. 1667, Eff. 12/28/79; AMD, 1981 MAR p. 516, Eff. 5/29/81; AMD, 1981 MAR p. 1052, Eff. 9/18/81; AMD, 1982 MAR p. 2170, Eff. 12/31/82; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1986 MAR p. 106, Eff. 1/31/86; AMD, 1987 MAR p. 2237, Eff. 12/11/87; AMD, 1989 MAR p. 476, Eff. 4/28/89; AMD, 1990 MAR p. 2041, Eff. 11/16/90; AMD, 1992 MAR p. 1133, Eff. 5/29/92; AMD, 1994 MAR p. 299, Eff. 2/11/94; AMD, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1997 MAR p. 44, Eff. 1/17/97; AMD, 1997 MAR p. 2061, Eff. 11/18/97; AMD, 1998 MAR p. 2563, Eff. 9/25/98; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, 2001 MAR p. 2301; REP, 2004 MAR p. 571, Eff. 3/12/04.

Mont. Admin. R. 24.301.171 Incorporation by Reference of International Existing Building Code

(1) The department adopts and incorporates by reference the International Existing Building Code (IEBC), 2024 edition, which may be used as an alternate prescriptive method(s) for the remodel, repair, alteration, change of occupancy, addition, and relocation of existing building.

(a) The owner of an existing building may follow the requirements of either the IEBC or the IBC, but the owner may not apply some of the requirements of the IEBC and other requirements from the IBC on the same project.

(2) Section 307.1, Smoke alarms, is amended to remove any reference to the “International Fire Code” and replace it with the “International Building Code.”

(3) Section 308.1, Carbon monoxide detection, is amended to remove any reference to the “International Fire Code” and replace it with the “International Building Code.”

(4) Adoption of the IEBC must not be construed to require the upgrading of existing buildings.

(5) Any reference to a separate specialty building regulation by title in the IEBC shall be considered deleted and replaced with the title of the comparable model code that has been adopted by the department and is in effect at the time.

(6) A copy of the IEBC may be obtained from the International Code Council at www.ICCSafe.org.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-103, 50-60-201, 50-60-203, MCA
History: NEW, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2014 MAR p. 2776, Eff. 11/7/14; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.172 Incorporation by Reference of International Mechanical Code

(1) The department adopts and incorporates by reference the International Mechanical Code (IMC), 2024 edition, published by the International Code Council, unless another edition is specifically stated, together with the following amendments.

(2) All references to the International Plumbing Code shall be deleted and replaced with the Uniform Plumbing Code.

(3) Subsection 101.2, Scope, is amended to delete Exception 1 in its entirety.

(4) Subsection 101.3, Purpose, is deleted and replaced with the following: “The purpose of this code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat-producing appliances.”

(5) Subsection 102.8, Referenced codes and standards, is modified by adding the following: "Any reference to a separate specialty building regulation, by title, either in this subsection or elsewhere in this code, shall be considered deleted and replaced with the title of the model code adopted by the department and in effect at the time."

(6) Subsection 105.1, Where required, is modified by adding the following sentence at the end of the first paragraph: “No mechanical permit shall be issued for a building or structure, under the jurisdiction of the department, until the building permit has first been issued for that building or structure.”

(7) The fees established in Subsection 108.2, Schedule of permit fees, are as follows:

"(1) The mechanical cost shall be the cost to the owner of all labor charges and all mechanical materials and equipment installed as part of the mechanical system. The cost of the plumbing system, which is covered by the Uniform Plumbing Code, is not to be included.

"(2) The mechanical permit fees are calculated as follows:

Cost of Mechanical System | Mechanical Permit Fee $0 - $10,000 | $48 for first $1000 plus $14 for each additional $1000 or fraction thereof, to and including $10,000 $10,001 - $50,000 | $166 for first $10,000 plus $9 for each additional $1000 or fraction thereof, to and including $50,000 $50,001 | $514 for first $50,000 plus $6 for each additional $1000 or fraction thereof.

(8) Section 113, Means of Appeals, of the IMC will be left as is for use by certified cities, counties, or towns, which by 50-60-303, MCA, must provide an appeal procedure. Cities, counties, and towns may use a board of appeals created in accordance with Section 113 to serve as their boards of appeal. The department and state of Montana, however, will use the applicable provisions of the Montana Administrative Procedure Act in all cases of appeal, in lieu of Section 113.

(9) Section 115, Stop Work Order, of the IMC will be left as is for use by certified cities, counties, and towns. The department will use 50-60-109 and 50-60-110, MCA, in cases requiring prosecution, in lieu of Section 115. When a person fails to submit required plans, obtain a permit, correct plans, or comply with an order of the department, the department will, as authorized by 50-60-109, MCA, seek injunctive relief.

(10) Subsection 307.3, Condensate pumps, is modified by adding the following exception at the end: "Exception: A water sensor with audio alarm may be substituted for an appliance/equipment disconnect to allow for continued operation of the appliance/equipment."

(11) Table 403.3.1.1, MINIMUM VENTILATION RATES, is amended by the addition of a footnote "i". Footnote "i" is to be referenced in the table at, "Private Dwellings, Single and Multiple i ". The footnote at the end of the table should be as follows: "i. Every dwelling unit shall have installed a minimum 100 CFM exhaust fan controlled by either an automatic timer or humidistat. Structures built to the provisions of the International Residential Code may provide mechanical ventilation per Section M1505 of the International Residential Code."

(12) Subsection 506.5.2, Pollution-control units, is amended to state as follows: "506.5.2 Pollution-control units. When pollution-control units are required by the authority having jurisdiction, the installation shall be in accordance with the manufacturer's installation instructions and all of the following:"

(13) Chapter 10, Boilers, Water Heaters and Pressure Vessels, is deleted in its entirety.

(14) Subsection 1101.9, Locking access port caps, is modified by adding the following: "This subsection shall not apply to single-family dwellings."

(15) The department shall not enforce the IMC in buildings exempted from state building codes by 50-60-102, MCA. Cities, counties, and towns that have made the state building regulations applicable to buildings exempt from state enforcement, except for mines and buildings on mine property regulated under Title 82, chapter 4, MCA, may enforce within their jurisdictional areas the IMC as adopted by those units of government.

(16) As specified in 76-2-412, MCA, mechanical codes which are not applicable to residential occupancies may not be applied to a community residential facility serving eight or fewer persons or to a day care home serving 12 or fewer children.

(17) The IMC adopted by reference in (1) is a nationally recognized model code setting forth minimum standards and requirements for certain mechanical installations. A copy of the IMC may be obtained from the International Code Council at www.ICCSafe.org.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-102, 50-60-103, 50-60-109, 50-60-201, 50-60-203, 50-60-303, MCA
History: NEW, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2014 MAR p. 2776, Eff. 11/7/14; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.173 Incorporation by Reference of International Fuel Gas Code

(1) The department adopts and incorporates by reference the International Fuel Gas Code, 2024 edition, published by the International Code Council, IFGC, unless another edition is specifically stated, together with the following amendments:

(a) Subsection 102.8, Referenced Codes and Standards, is modified by adding the following: "Any reference to a separate specialty building regulation, by title, either in this subsection or elsewhere in this code, shall be considered deleted and replaced with the title of the model code adopted by the department and in effect at the time. For example, all references to the International Plumbing Code shall be deleted and replaced with the Uniform Plumbing Code."

(b) The permit fees for the fuel gas code are calculated the same way as provided in ARM 24.301.172, and substituting the fuel gas system for the mechanical system. The inspection fees for the fuel gas code are the same as provided in ARM 24.301.172.

(c) Section 115, Violations, will be left as is for use by certified cities, counties, and towns. The department will use 50-60-109 and 50-60-110, MCA, in cases requiring prosecution, in lieu of Section 115. When a person fails to submit required plans, obtain a permit, correct plans, or comply with an order of the department, the department will, as authorized by 50-60-109, MCA, seek injunctive relief.

(d) Section 113, Means of Appeal, will be left as is for use by certified cities, counties, or towns, who by 50-60-303, MCA, must provide an appeal procedure. Cities, counties, and towns may use the board of appeals created in accordance with Section 113 of the International Building Code to serve as the board of appeals. The department and state of Montana, however, will use the applicable provisions of the Montana Administrative Procedure Act in all cases of appeal, in lieu of Section 113.

(e) Subsection 307.6, Condensate pumps, is modified by adding the following exception at the end: "Exception: A water sensor with audio alarm may be substituted for an appliance/equipment disconnect to allow for continued operation of the appliance/equipment."

(f) Subsection 403.4.2, Steel, is amended to state as follows: "403.4.2 Steel. Steel, stainless steel, and wrought-iron pipe shall be not lighter than Schedule 40 and shall comply with the dimensional standards of ASME B36.10M and one of the following standards:"

(2) The department shall not enforce the IFGC on those buildings exempted from state building codes by 50-60-102, MCA. Cities, counties, and towns that have made the state building regulations applicable to buildings exempt from state enforcement, except for mines and buildings on mine property regulated under Title 82, chapter 4, MCA, may enforce within their jurisdictional areas the International Fuel Gas Code as adopted by those units of government.

(3) As specified in 76-2-412, MCA, fuel gas codes which are not applicable to residential occupancies may not be applied to a community residential facility serving eight or fewer persons or to a day care home serving 12 or fewer children.

(4) The purpose of this code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat-producing appliances.

(5) No mechanical permit shall be issued for a building or structure, under the jurisdiction of the department, until the building permit has first been issued for that building or structure.

(6) The IFGC adopted by reference in (1) is a nationally recognized model code setting forth minimum standards and requirements for certain mechanical installations. A copy of the IFGC may be obtained from the International Code Council at www.ICCSafe.org.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-102, 50-60-103, 50-60-109, 50-60-201, 50-60-203, 50-60-303, MCA
History: NEW, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2014 MAR p. 2776, Eff. 11/7/14; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.175 Incorporation by Reference of International Swimming Pool and Spa Code (ispsc)

(1) The department adopts and incorporates by reference the International Swimming Pool and Spa Code, 2024 edition, published by the International Code Council, unless another edition is specifically stated, together with the following amendments:

(a) Chapters 7 through 10, inclusive, are deleted in their entirety.

(2) As specified in ARM 24.301.146, the department has deleted Section 3109 Swimming Pools, Spas and Hot Tubs from the International Building Code and replaced it with the International Swimming Pool and Spa Code (ISPSC) as adopted by reference in (1). Cities, counties, and towns that have adopted the International Building Code in connection with their certification to enforce building codes will utilize the applicable sections of the ISPSC to regulate swimming pool and spa construction.

(3) As specified in 76-2-412, MCA, the ISPSC provisions, which are not applicable to residential occupancies, may not be applied to a community residential facility serving eight or fewer persons, or to a day care home serving 12 or fewer children.

(4) The purpose of this code is to establish minimum standards to provide a reasonable level of safety and protection of health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, and location of public swimming pools, spas, and aquatic recreation facilities.

(5) No swimming pool or spa permit shall be issued for a building or structure, under the jurisdiction of the department, until the building permit has first been issued for that building or structure.

(6) The ISPSC adopted by reference in (1) is a nationally recognized model code setting forth minimum standards and requirements for swimming pool and spa installations. A copy of the ISPSC may be obtained from the International Code Council at www.ICCSafe.org.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-53-103, 50-60-104, 50-60-202, 50-60-203, 76-2-412, MCA
History: NEW, 2016 MAR p. 19, Eff. 1/9/16; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.180 Incorporation by Reference of Cabo One & Two Family Dwelling Code

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-103, 50-60-201, 50-60-402, MCA
History: NEW, 1986 MAR p. 106, Eff. 1/31/86; AMD, 1989 MAR p. 476, Eff. 4/28/89; AMD, 1990 MAR p. 2041, Eff. 11/16/90; AMD, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1996 MAR p. 2160, Eff. 8/9/96; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, 2001 MAR p. 2301; REP, 2004 MAR p. 571, Eff. 3/12/04.

Mont. Admin. R. 24.301.181 Incorporation by Reference of International Wildland-Urban Interface Code (iwuic)

(1) The department adopts and incorporates by reference the International Wildland-Urban Interface Code, 2024 edition, published by the International Code Council, unless another edition is specifically stated, together with Appendix "B" (Vegetation Management Plan) and Appendix "C" (Fire Hazard Severity Form).

(2) Section 302 is deleted in its entirety and replaced with the following:

"The governmental body or some other official state or local agency shall declare the wildland-urban interface areas within the jurisdiction. Such declaration or designation shall be based on findings of fact or some other process already completed such as mapping, boundary designations, or other informative processes such as wildland fire plans. Cities, counties, and towns that have adopted the International Building Code or the International Residential Code in connection with their certification to enforce building codes will, if they elect to enforce the International Wildland-Urban Interface Code, record the official wildland-urban interface areas on maps available for inspection by the public.

(3) Chapter 4 is deleted in its entirety.

(4) Subsection 101.2, Scope, is modified by:

(a) Deleting the first sentence and replacing with: "The provisions of this code shall apply to the construction, alteration, movement, repair, addition, change-of-use or remodeling of any building, structure, or premises within the designated wildland-urban interface within the jurisdiction."

(5) Subsection 101.4, Retroactivity, is deleted in its entirety.

(6) Subsection 101.5, Additions or Alterations, delete the written exception.

(7) Subsection 102.6, Existing Conditions, is modified by:

(a) Deleting "International Property Maintenance Code."

(8) Subsection 102.8, Maintenance, is deleted in its entirety.

(9) Section 103, Code Compliance Agency, is deleted in its entirety.

(10) Subsection 105.2, Permits Required, retain the first sentence and delete the remainder of the subsection.

(11) Subsection 109.3.4, Citations, is deleted in its entirety.

(12) Subsection 109.3.5, Unsafe Conditions, is deleted in its entirety.

(13) Subsection 109.3.5.1, Record, is deleted in its entirety.

(14) Subsection 109.3.5.2, Notice, is deleted in its entirety.

(15) Subsection 109.3.5.2.1, Method of Service, is deleted in its entirety.

(16) Subsection109.3.5.3, Placarding, is deleted in its entirety.

(17) Subsection 109.3.5.3.1, Placard Removal, is deleted in its entirety.

(18) Subsection 109.3.5.4, Abatement, is deleted in its entirety.

(19) Subsection 109.3.5.5, Summary Abatement, is deleted in its entirety.

(20) Subsection 110.4.5.6, Evacuation, is deleted in its entirety.

(21) Replace Table 503.1 "Ignition-Resistant Construction" with the one below:

DEFENSIBLE SPACE | Fire Hazard Severity Moderate Hazard | High Hazard | Extreme Hazard Nonconforming | IR2 | IR1 | IR1 N.C. Conforming | IR3 | IR2 | IR1 1.5 X Conforming | Not Required | IR3 | IR2

(22) Section 602, Automatic Sprinkler Systems, is deleted in its entirety.

(23) Section 604, Maintenance of Defensible Space, is deleted in its entirety.

(24) The IWUIC adopted by reference in (1) is a nationally recognized model code setting forth minimum standards and requirements for the safeguarding of life and property. A copy of the IWUIC may be obtained from the International Code Council at www.ICCSafe.org.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-201, 50-60-202, 50-60-203, MCA
History: 50-60-201, 50-60-202, 50-60-203, MCA; NEW, 2016 MAR p. 316, Eff. 2/20/16; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.190 Incorporation by Reference of the Uniform Code for Building Conservation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-301, MCA
Implementing statute(s): 50-60-203, 50-60-301, MCA
History: NEW, 1990 MAR p. 2041, Eff. 11/16/90; AMD, 1992 MAR p. 1351, Eff. 5/29/92; AMD, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1997 MAR p. 2061, Eff. 11/18/97; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, 2001 MAR p. 2301; REP, 2004 MAR p. 571, Eff. 3/12/04.

Subchapter 24.301.2 Local Government Enforcement

Mont. Admin. R. 24.301.201 Extent of Local Programs

(1) A city, county, or town, as provided by 50-60-102, MCA, may adopt codes that may not be more stringent than the codes that have been adopted by the department to cover buildings within their respective jurisdiction. However, as provided by 50-60-102, MCA, a city, county, or town may not cover residential buildings containing less than five dwelling units or their attached-to structures, any farm or ranch building and any private garage or private storage structure used only for the owner's own use unless the local legislative body or board of county commissioners by ordinance or resolution makes the building code specifically applicable to those structures. A city, county, or town may accomplish this by making its building codes applicable to nonexempt building construction within the respective jurisdiction.

(2) When a city, county, or town is approved to enforce building, mechanical, electrical, plumbing, fuel gas, swimming pool and spa, medical gas, and/or wildland-urban interface codes for limited types of buildings, the department retains authority to enforce building, mechanical, electrical, plumbing, fuel gas, swimming pool and spa, medical gas, and/or wildland-urban interface codes for all other buildings not covered by the city, county, or town and which are not exempt from department regulation.

(3) The International Building Code includes the A117.1 Accessibility Code, the International Energy Conservation Code, the International Swimming Pool and Spa Code, and the International Existing Building Code.

(4) The International Residential Code includes the International Energy Conservation Code.

History

Authorizing statute(s): 50-60-203, 50-60-302, 50-60-504, 50-60-603, MCA
Implementing statute(s): 50-60-202, 50-60-203, 50-60-301, 50-60-302, 50-60-504, 50-60-603, MCA
History: NEW, 1979 MAR p. 142, Eff. 2/16/79; AMD, 1981 MAR p. 1055, Eff. 9/18/81; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1987 MAR p. 2237, Eff. 12/11/87; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.202 Adoption of Codes

(1) The codes adopted by cities, counties, and towns may not be more stringent than those adopted by the department. However, cities, counties, or towns shall only adopt those codes that they are certified to enforce, which include plumbing, electrical, building, mechanical, medical gas, or the International Wildland-Urban Interface Code. Each time the department modifies the codes, cities, counties, and towns must modify their codes to conform to the department's codes. The department will notify cities, counties, and towns of these code modifications, at which time they will have 90 days from receipt of the notice to conform their codes. Cities, counties, and towns shall notify the department in writing when the updated codes have been adopted and are being enforced. Such notification shall include a copy of the appropriate code adoption ordinance(s) or administrative action.

(2) An ordinance authorizing the adoption of a building code by administrative action must state, at a minimum:

(a) the type of codes which will be enforced, i.e., plumbing, electrical, building, mechanical, medical gas, or the International Wildland-Urban Interface Code; and

(b) the individual, identified by position title, who has the authority to sign the administrative action.

(3) Discretionary provisions of a city, county, or town building code, i.e., provisions which are not mandated by the department, may not be adopted by administrative action.

(4) An automatic adoption ordinance which simply refers to the codes as may be adopted by the department, is not an acceptable code adoption ordinance as it is not sufficiently clear as to what codes are being enforced.

History

Authorizing statute(s): 50-60-302, MCA
Implementing statute(s): 50-60-301, 50-60-302, MCA
History: NEW, 1979 MAR p. 142, Eff. 2/16/79; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1989 MAR p. 476, Eff. 4/28/89; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.203 Funding of Code Enforcement Program

(1) The establishment of permit fees shall be left to the city, county, or town. A list of current permit fees must be submitted to the department when the fees are first established or subsequently amended.

(2) Permit fees must be used only for activities in support of reviewing and issuing a building permit and for building code enforcement activities, except for the building codes education fund as provided in 50-60-116, MCA, with building codes being only those codes adopted by the department in subchapters 1, 3, 4, and 15 of ARM Title 24, chapter 301. It is not intended that permit fees be used to support fire departments, planning, zoning, or other activities, except to the extent that employees in those programs provide direct plan review, inspection, or other building code enforcement services for the city, county, or town's building code enforcement programs. Permit fees shall not be used to support the inspection of existing buildings for maintenance or for abatement of dangerous buildings.

(3) Costs related to building code enforcement activities include:

(a) those necessary and reasonable costs directly related and specifically identifiable to the enforcement of codes adopted by the city, county, or town as provided by 50-60-302, MCA; and

(b) a proportionate share of the city, county, or town's indirect costs, which are those costs incurred for common or joint purposes that benefit more than one program or activity. Indirect costs shall be treated as provided by 50-60-106(2)(g)(i), MCA.

(4) The cities, counties, and towns must maintain a system and adequate records to:

(a) document that permit fees are only used for those costs related to building code enforcement activities, as defined in (2) and (3) above;

(b) document the amount by which revenues from permit fees differs from the costs related to building code enforcement activities each year;

(c) document the amount maintained as a reserve and the percentage of the costs of building code enforcement activities that the reserve represents;

(d) document that any reserve is utilized only for the cost of building code enforcement activities; and

(e) document that permit fees were reduced as required in (5) in the event the reserve exceeds the maximum reserve allowed in (5).

(5) Permit fees collected each year in excess of the costs of administering city, county, or town building code enforcement programs shall be placed in reserve to be used in subsequent years, provided that the reserve amount does not exceed the amount needed to support the building code enforcement programs for 36 months. Fees must be reduced if necessary to avoid creation of excess reserve.

History

Authorizing statute(s): 50-60-203, 50-60-302, MCA
Implementing statute(s): 50-60-106, 50-60-302, MCA
History: NEW, 1979 MAR p. 142, Eff. 2/16/79; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1996 MAR p. 420, Eff. 2/9/96; EMERG, AMD, 1996 MAR p. 2160, Eff. 8/9/96; AMD, 1998 MAR p. 2563, Eff. 9/25/98; AMD, 1999 MAR p. 1885, Eff. 10/1/99; AMD, 2000 MAR p. 3168, Eff. 11/10/00; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.204 Factory-Built Buildings

(1) Once factory-built buildings are approved by the department as meeting the codes, the units shall be subject only to city, county, or town inspection and fees for zoning, utility connections and foundations. As part of the city, county or town's submittals to the department, provisions must be included stating how factory-built buildings will be handled with respect to permits and inspections to include the charges for permits covering these types of units.

History

Authorizing statute(s): 50-60-302, MCA
Implementing statute(s): 50-60-302, MCA
History: NEW, 1979 MAR p. 142, Eff. 2/16/79; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2022 MAR p. 911, Eff. 6/11/22.

Mont. Admin. R. 24.301.205 Certification of Code Enforcement Programs

(1) A city, county, or town shall submit a program report, including all items listed in ARM 24.301.207(2)(a) to support a request for certification of a new code enforcement program. Certification of the proposed code enforcement program shall be effective upon the department's written determination that the city, county, or town's proposal would be compliant with applicable statutes and rules.

History

Authorizing statute(s): 50-60-203, 50-60-302, MCA
Implementing statute(s): 50-60-302, MCA
History: NEW, 1998 MAR p. 2563, Eff. 9/25/98; AMD, 2000 MAR p. 3168, Eff. 11/10/00; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2022 MAR p. 911, Eff. 6/11/22.

Mont. Admin. R. 24.301.206 Staff Qualification

(1) City, county, or town plumbing inspectors must be Montana licensed journeymen or master plumbers, or inspector certified in plumbing.

(2) City, county, or town electrical inspectors must be Montana licensed journeyman or master electricians, or inspector certified in electrical.

(3) City, county, or town building inspectors must be either inspector certified or have a construction related engineering or architecture degree or license.

(4) City, county, or town mechanical inspectors must be either inspector certified, have a construction related engineering or architecture degree or license, or hold an active plumbing license.

(5) Plans examiners must be either plans examiner certified, or be building inspector qualified as allowed in (3).

(6) Certification must be by a nationally recognized entity for testing and certification in the same code as is adopted by the department. The certification must be considered current by the certifying entity. In the situation where a new edition or replacement code has been published but is not yet adopted by the department, certification in the most recent published edition or replacement code is acceptable.

(7) Plumbing, electrical, mechanical, or building inspector certification may be obtained as part of a combination inspector certification to the extent the individual inspector certifications meet the requirements of (6). In lieu of combination inspection certification, inspectors must hold commercial certification in a discipline to inspect commercial projects and must hold residential certification in a discipline if inspecting residential projects. Equivalent certifications may be approved by the department upon review and determination that the certification is substantially equivalent or exceeds the required certifications.

(8) The types of buildings that may be inspected or plans examined by any certification classification shall be determined by the department utilizing the standards and recommendations of the entity administering the certification program. However, residential building inspector certification shall be acceptable for inspections of residential buildings containing less than five dwelling units.

(9) Newly hired building inspectors, mechanical inspectors and plans examiners who do not meet the certification standards listed above may conduct inspections and review plans if they obtain the necessary certification within six months of the date of hiring, and are supervised in the interim by appropriately certified personnel. If the city, county, or town code enforcement programs cannot provide supervision by a certified person, the newly hired noncertified building inspector or plans examiner must have actual practical experience in the construction trade, and must participate in six working days of on-the-job training with the department. Such training shall be at the expense of the city, county, or town employing the inspector. There shall be no fee charged by the department. Upon approval by the department, on-the-job training with another code enforcement program may be accepted. Upon approval by the department, four days of classroom training may be substituted for six days of on-the-job training.

(10) A city, county, or town may opt to have a medical gas piping permit and inspection program as part of a plumbing permit and inspection program. If the city, county, or town does not opt to have a medical gas permit and inspection program then such program will be administered by the department. Medical gas piping inspectors must either possess a Montana medical gas piping endorsement or have 30 hours of medical gas piping inspection training acceptable to the department.

History

Authorizing statute(s): 50-60-203, 50-60-302, MCA
Implementing statute(s): 50-60-302, MCA
History: NEW, 1998 MAR p. 2563, Eff. 9/25/98; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.207 Reporting Requirements

(1) A city, county, or town with a certified code enforcement program shall report to the department changes to its code enforcement program within 30 days of the change. Changes to inspection staff or inspection staff qualifications must be reported within ten days with proof of certification.

(2) All certified jurisdictions, whether or not the program has changes to report, must file a report with the department on or before September 1 at least every three years for the immediately preceding fiscal year. Information provided in the report should correspond directly to each item listed in (2)(a), and each item should be answered and presented separately from all other report information. An example report format is available to all Montana cities, counties, and towns upon request.

(a) The report must contain the following information:

(i) an official map or certified legal description of the jurisdictional area;

(ii) a list of building related codes, including edition dates, being enforced by the city, county, or town;

(iii) copies of ordinances which adopt each building-related code or each administrative order used to adopt each building-related code if not previously provided in accordance with ARM 24.301.202;

(iv) a list of the type of structures subject to and a list of the type of structures exempted from the building related codes;

(v) a schedule of fees charged for permits;

(vi) an accounting of the collection and expenditure of fees and charges for the immediately preceding fiscal year;

(vii) a copy of the ordinance establishing the appeal procedure or the acknowledgment that the International Building Code appeals procedure will be followed;

(viii) a list of the members of the appeals board and their qualifications;

(ix) the current plan for enforcement, which must include:

(A) a general description of how permits are applied for and issued;

(B) how plan reviews are conducted;

(D) how final approvals or certificates of occupancy are issued; and

(E) how factory-built buildings and manufactured homes are permitted and inspected;

(x) a list of employees inspecting, reviewing plans, or approving any installation with descriptions of responsibilities and proof of qualifications for each employee as provided in ARM 24.301.206; and

(xi) if any services relating to building code enforcement are provided through contractual arrangements, a current copy of all such contracts.

(3) By January 31 of each year, the department shall notify each city, county, and town expected to file its report on September 1.

(4) The department may request a city, county, or town with a certified code enforcement program to provide a report to the department in accordance with this rule to respond to inquiries regarding its code enforcement program so the department can ensure program functions are being properly performed as required by 50-60-302(2), MCA. The department may also make similar inquiries to clarify or further examine details provided in reports.

History

Authorizing statute(s): 50-60-203, 50-60-302, MCA
Implementing statute(s): 50-60-302, MCA
History: NEW, 1998 MAR p. 2563, Eff. 9/25/98; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.208 Incorporation by Reference of Independent Accountant's Report on Applying Agreed-Upon Procedures for Certified Local Governments

(1) The department adopts and incorporates by reference a document dated July 17, 2020, and entitled: "Independent Accountant's Report on Applying Agreed-Upon Procedures for Certified Local Governments."

(2) For purposes of reporting direct charges against a building code enforcement program in an agreed-upon procedures audit, time and motion or cost allocation studies will not be acceptable as a basis to support direct charges.

(3) A city, county, or town with a certified building code enforcement program that had a building code program reserve fund balance in the preceding fiscal year in excess of $10,000 and had building permit revenues in the previous fiscal year of more than $10,000 shall require its independent auditor, in conjunction with the audit required by 2-7-503, MCA, to perform agreed-upon procedures to determine whether the city, county, or town has complied with the financial related statutes and administrative rules relating to city, county, or town building code enforcement programs. The department may require cities, counties, and towns with certified building code enforcement programs which do not meet the above criteria to provide such an audit on a case-by-case basis so the department can ensure program functions are being properly performed as required by 50-60-302, MCA. The agreed-upon procedures engagement must be performed and reported in accordance with standards prescribed by the American Institute of Certified Public Accountants. The engagement must include but is not limited to procedures necessary to provide the information necessary to fully and accurately satisfy the reporting format adopted by reference in (1), as provided for in 50-60-106, MCA, and ARM 24.301.203. Use of this reporting format is mandatory.

(4) A copy of the document identified in (1) may be obtained from the Department of Labor and Industry, Building and Commercial Measurements Bureau, P.O. Box 200517, 301 South Park, Helena, MT 59620-0517. Copies may also be obtained by e-mail request sent to buildingcodes@mt.gov, or by downloading the document from the department's web site at www.buildingcodes.mt.gov .

(5) The cost of the agreed-upon procedures engagement shall be paid by the city, county, or town, but may be considered a direct cost of the code enforcement program.

(6) Copies of the report on applying agreed-upon procedures shall be filed with both the department and the Local Government Services Bureau of the Department of Administration.

History

Authorizing statute(s): 50-60-203, 50-60-302, MCA
Implementing statute(s): 50-60-302, MCA
History: NEW, 1998 MAR p. 2563, Eff. 9/25/98; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22.

Mont. Admin. R. 24.301.209 Special Reports

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-302, MCA
Implementing statute(s): 50-60-106, 50-60-302, MCA
History: NEW, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2006 MAR p. 567, Eff. 2/24/06; REP, 2022 MAR p. 911, Eff. 6/11/22.

Mont. Admin. R. 24.301.210 Decertification of Code Enforcement Programs

(1) If the department determines a city, county, or town code enforcement program is not in compliance with the applicable statutes or rules it shall give the city, county, or town notice of such noncompliance and may allow a reasonable amount of time, not to exceed six months, for the city, county, or town to come into compliance or have the noncompliant code enforcement program decertified.

(a) Failure of a city, county, or town to come into compliance within the time prescribed by the department will result in the decertification of the city, county, or town program to the extent it is out of compliance.

(b) The city, county, or town shall be given the opportunity to contest the department determination through contested case proceedings as provided by the Montana Administrative Procedure Act.

(2) A city, county, or town may voluntarily decertify all or part of its code enforcement program upon a 90-day written notice to the department, unless the department otherwise accepts a lesser notice or the public health, safety and welfare is at risk.

(3) If a city, county, or town's code enforcement program is decertified, either involuntarily or voluntarily, in whole or in part, the city, county, or town shall be obligated to complete inspecting all construction projects started with permits issued under the city, county, or town's program, unless the department otherwise consents or determines that the public health, safety or welfare is at risk.

History

Authorizing statute(s): 50-60-203, 50-60-302, MCA
Implementing statute(s): 50-60-302, MCA
History: NEW, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2022 MAR p. 911, Eff. 6/11/22.

Mont. Admin. R. 24.301.211 Building Codes Education Fund Assessment

(1) Cities, counties, and towns, which are certified for the enforcement of building-related codes shall remit to the department 0.5 percent of building fees or charges collected for deposit into a building codes education fund.

(2) Cities, counties, and towns with annual revenues from building fees and charges of $100,000 or more shall make the payment to the building codes education fund in two semiannual installments, the first half on or before February 1, for revenues collected between the preceding July 1 and December 31, and the second half on or before September 1 for revenues collected between the preceding January 1 and June 30. Cities, counties, and towns with annual revenues from building fees and charges of less than $100,000 may make one annual payment on or before September 1 for revenues collected between the preceding July 1 and June 30.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-203, MCA
History: NEW, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2003 MAR p. 2299, Eff. 10/17/03.

Mont. Admin. R. 24.301.212 Code Interpretations

(1) Code interpretations concerning any of the state building-related codes enforced by cities, counties or towns (building, plumbing, mechanical and electrical) may be requested by an affected party (building official, contractor, designer, owner, etc.) , in writing, on forms provided by the department. The affected party must first show a need for a code interpretation because of differing or inconsistent interpretations of the code provision at issue between city, county, or town building officials or between city, county, or town building officials and the department. The department will research and investigate the question and will prepare a preliminary written response, which includes the department's preliminary interpretation and justification of the question as soon as possible.

(2) The preliminary interpretation and justification of the question will be distributed to the requestor, the Building Codes Council and to all city, county, or town code enforcement programs, currently certified for enforcement of the applicable code concerning the question, for their review and comment. Comments and suggested amendments concerning the question must be returned to the department within 30 days of the date of the distribution of the preliminary interpretation and justification of the question.

(3) The department will consider all comments and suggested amendments received during the 30-day comment period and prepare a proposed interpretation and justification of the question to be distributed, along with a ballot, to all building officials of city, county, and town code enforcement programs, currently certified for enforcement of the applicable code concerning the questions. The ballot will be to "concur" or to "not concur" with the proposed interpretation and the ballot must be signed and dated by each voting building official and returned to the department within 15 days of the date of distribution of the proposed interpretation.

(4) The ballots will be counted by the department and the proposed code interpretation will become final and binding on all city, county, and town code enforcement programs and the department if a simple majority of voting building officials "concur". If the voting on the proposed code interpretation is tied, the department shall be entitled to break the tie vote. If a simple majority of voting building officials vote "do not concur", the proposed code interpretation will become a technical code advisory, as established in ARM 24.301.213 and is not binding on local code enforcement programs.

(5) Code interpretations, which receive a "concur" status as established in (4), shall be dated, chronologically numbered, placed in the department's central registry, and distributed to the requestor, Building Codes Council, and all city, county, and town code enforcement programs, which are then certified for building code enforcement.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-103, 50-60-117, MCA
History: NEW, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2022 MAR p. 911, Eff. 6/11/22.

Mont. Admin. R. 24.301.213 Code Technical Advisories

(1) Code technical advisories are available for questions concerning any of the state building related codes (building, plumbing, mechanical, electrical, boiler and elevator) and may be requested by an affected party (building official, contractor, designer, owner, etc.), in writing, on forms provided by the department. The department may research and investigate the question and may prepare a preliminary written response, which includes the department's interpretation and justification as soon as possible. The affected party and the Building Codes Advisory Council will be provided with the preliminary written response and will be given five working days to submit comments.

(2) Code technical advisories are not binding on city, county, or town code enforcement programs.

(3) After review of any comments, the department will prepare a final written response and the code technical advisories shall be dated, chronologically numbered, placed in the department's central registry and distributed to the requestor, Building Codes Council, and all certified city, county, and town building code enforcement programs.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-103, 50-60-117, MCA
History: NEW, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2003 MAR p. 2299, Eff. 10/17/03; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.214 Single Family Dwelling Plan Review and Approval of Model Plans

(1) Model construction plans for single family dwellings may be submitted to the department for plan review and approval. Each page of model construction plans approved by the department shall bear the stamp of the department as having been approved.

(2) Single family dwelling model construction plans will be reviewed utilizing the applicable provisions of the current editions of the model codes or their replacement codes as may be adopted by the department and approval of the plans will be limited for use in areas with the same or lesser design factors as submitted on the plans (snow load, wind load, seismic zone, etc.) .

(3) Plan review and approval fees for single family dwelling model construction plans shall be the same as those currently established for the review and approval of factory-built buildings in ARM 24.301.565.

(4) The fee for approval of a single family dwelling model plan is a one time approval fee as established in ARM 24.301.565. Model plans for single-family dwellings are considered approved until a subsequent edition or replacement of the code applicable to construction of single-family dwellings is adopted. Approved plans must be resubmitted for plan review and approval under the provisions of any newly adopted plumbing, electrical or mechanical code and shall be assessed the applicable plan revision fee as established in ARM 24.301.565.

(5) Approved plans with current electrical, plumbing and mechanical components shall be acceptable on a statewide basis as established in (2) with no further examination other than as provided in 50-60-118 , MCA. Any alteration or deviation during construction from the approved plans voids the model plan approval status and the alteration or deviation shall be addressed on a case-by-case basis by the applicable city, county, or town building official.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-203, MCA
History: NEW, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2003 MAR p. 2299, Eff. 10/17/03.

Mont. Admin. R. 24.301.215 Adoption of the Uniform Housing Code or the Uniform Code for the Abatement of Dangerous Buildings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-302, MCA
Implementing statute(s): 50-60-106, MCA
History: NEW, 2001 MAR p. 2293, Eff. 11/22/01; REP, 2002 MAR p. 3627, Eff. 12/27/02.

Mont. Admin. R. 24.301.231 Intergovernmental Jurisdictional Relationships Relating to Building Code Enforcement Programs

(1) Only counties or incorporated cities and towns in Montana have the option of adopting their own code enforcement programs. A city, county, or town code enforcement program must be certified in accordance with ARM Title 24, chapter 301, subchapter 2 before the local government entity may begin enforcing building regulations. Where a county adopts such a program, the county must enforce the building regulations on a county-wide basis, except where an incorporated city or town already has a certified code enforcement program in place or where the city or town is later certified for operation of such programs. Cities, counties, and towns may enter into contracts for enforcement of building regulations within their respective jurisdictions, but those contracts must be submitted to the department as part of an application for certification, or as an amendment to a previously approved plan before the contract may be performed.

(2) Specific alternative examples of code enforcement jurisdictional relationships and responsibilities are as follows:

(a) In counties where no certified county code enforcement programs are in effect:

(i) the department will enforce Montana's building regulations in all unincorporated cities and towns;

(ii) incorporated cities and towns which also do not have certified code enforcement programs in effect will have Montana's building regulations enforced by the department; and

(iii) incorporated cities and towns which do have a certified code enforcement program in effect will operate that program and enforce Montana's building regulations within their jurisdiction.

(b) A city or town that incorporates can choose to:

(i) apply for certification to operate its own code enforcement program;

(ii) be regulated by a county code enforcement program, if one is in effect; or

(iii) have the department provide permitting and inspection services inside the city limits in accordance with Montana statutes and administrative rules.

History

Authorizing statute(s): This rule is advisory only, but may be a correct interpretation of the law, 50-60-203, MCA
Implementing statute(s): 50-60-103, 50-60-106, 50-60-117, 50-60-301, 50-60-302, MCA
History: Ch. 443, sec. 25, L. 2003; NEW, 2003 MAR p. 1991, Eff. 10/1/03; AMD, 2022 MAR p. 911, Eff. 6/11/22.

Subchapter 24.301.3 Plumbing Requirements

Mont. Admin. R. 24.301.301 Incorporation by Reference of Uniform Plumbing Code

(1) The department adopts and incorporates by reference the Uniform Plumbing Code, 2024 edition, unless another edition is specifically stated in this rule, together with the following appendix chapters and amendments.

(2) Appendix A, Recommended Rules for Sizing the Water Supply System is adopted.

(3) Appendix B, Explanatory Notes on Combination Waste and Vent Systems is adopted.

(4) Appendix C, Alternate Plumbing Systems is adopted.

(5) Appendix D, Sizing Stormwater Drainage Systems is adopted.

(6) Appendix K, Potable Rainwater Catchment Systems is adopted.

(7) Appendix L, Sustainable Practices is adopted.

(8) Appendix M, Peak Water Demand Calculator is adopted.

(9) Appendix N, Impact of Water Temperature on the Potential for Scalding and Legionella Growth is adopted.

(10) Subsection 103.3.1, Licensing, is amended with the addition of the following language: The requirements for who must be licensed to perform plumbing work is regulated by Title 37, chapter 69, MCA.

(11) Subsections 104.1, 104.2, 104.3, 104.3.2, 104.4, 104.5, 105.0, 105.4, 106.1, 106.3, and 107.0 will be left as is for use by local governments (i.e., municipalities and counties), but will not be used by the department and the state of Montana. For the purposes of enforcement by the department, these subsections are replaced with provisions of Title 50, chapter 60, part 5, MCA.

(12) Delete Table 104.5 - PLUMBING PERMIT FEES and replace with the following schedule:

(a) for each plumbing fixture $10

(b) water service - domestic or commercial 20

(d) storm drains and storm drainage 20

(e) for each water heater (replacement or new) 25

(f) for each industrial water pretreatment interceptor, including its tray and vent, excepting kitchen type grease interceptors functioning as fixture traps 30

(g) for alteration or repair of water piping and/or water treatment equipment 30

(h) for repair or alteration of drainage or vent piping 30

(i) for each lawn sprinkler system and fire protection system or any one meter, including backflow protection devices therefore 30

(j) for each hose bibb, vacuum breakers, or backflow protective devices on tanks, vats, etc., or for installation on unprotected plumbing fixtures, including necessary water piping 6 each

(k) requested plumbing inspection fee (provided that such service is not in excess of one hour in duration, and then $35 for each 30 minutes or fractional part thereof in excess of one hour. Travel and per diem may be charged as per the state of Montana's existing rate for these items) 75

(l) reinspection (provided the $30 does not exceed the original permit fee, in which case the original fee will be charged) 45

(m) for each medical gas type/piping system as follows:

(i) oxygen piping 100

(ii) nitrogen piping 100

(iii) medical compressed air piping 100

(iv) nitrous oxide piping 100

(v) carbon dioxide piping 100

(vi) medical vacuum piping 100

(vii) any other medical gas piping not included above in (i) through (vi) 100

(viii) if total outlets for all gases/vacuum piping exceed 20 outlets, then there is an additional fee for each outlet over 20 10

(n) for each gray water system (commercial or residential) 60

(13) Section 218, Definition of Plumbing System, is amended to read: "Includes all potable water and alternate water sources including supply and distribution pipes, all plumbing fixtures and traps, all drainage and vent pipes, building drains and building sewers, including their respective joints and connections, devices, receptacles, and appurtenances within the property line of any premises, and includes water heaters and vents for the premises."

(14) Table 422.1, Minimum Plumbing Facilities, is deleted and replaced with ARM 24.301.351, Minimum Required Plumbing Fixtures.

(15) Subsection 603.4.2. Testing, is deleted in its entirety.

(16) Subsection 603.5.10, Steam or Hot Water Boilers, is amended with the addition of the following language: "Boiler feed lines, in single-family dwellings on their own private well, may be protected with a dual check valve with intermediate atmospheric vent when a nontoxic transfer fluid is utilized in the boiler."

(17) Subsection 604.3, Copper or Copper Alloy Tube, the exception is amended to read as follows: Exception: Type M copper tubing may be used for water piping when piping is above ground in, or on, a building.

(18) Subsection 605.12.2, Solvent Cement Joints, delete the third sentence and replace with the following: "Where surfaces to be joined are cleaned and free of dirt, moisture, oil, and other foreign material, apply approved primer in accordance with ASTM F 656."

(19) Subsection 610.8, Size of Meter and Building Supply Pipe Using Table 610.4, the last sentence is amended to read as follows: “No building supply pipe shall be less than 3/4 inch (19.1 mm) in inside diameter.”

(20) Subsection 612.0, Residential Fire Sprinkler Systems, is deleted in its entirety.

(21) Subsection 704.3, Commercial Sinks, is amended by deleting the first sentence and replacing it with, "There may not be a direct connection between the sewerage system and any drains originating from equipment in which food, portable equipment, or utensils are placed." Exception: A warewashing (3-compartment) sink may have a direct connection only when used as a wash bin, rinse bin, and sanitizing bin and shall not be used for any other purpose. Establishments that use the sanitizing bin of their warewashing sink to wash produce or conduct other food preparation must maintain an indirect connection and are not eligible for this exception.

(22) Subsection 705.6.2, Solvent Cement Joints, is amended to delete the third sentence and replace with the following: "Where surfaces to be joined are cleaned and free of dirt, moisture, oil, and other foreign material, apply approved primer in accordance with ASTM F 656."

(23) Subsection 707.4, Location, is amended by deleting the first sentence and replacing with, "Each horizontal drainage pipe shall be provided with a cleanout at its upper terminal and each run of piping, which is more than 50 feet in total developed length, shall be provided with a cleanout for each 50 feet, or fraction thereof, in length of such piping."

(24) Subsection 707.9, Clearance, is amended to extend the distance to a cleanout from an access door, trap door, or crawl hole from 5’ to 20’.

(25) Section 708.1, General, is amended to read as follows: Horizontal drainage piping shall be run in practical alignment and a uniform slope of not less than 1/4 of an inch per foot or 2 percent toward the point of disposal provided that, where it is impractical due to the depth of the street sewer or to the structural features or to the arrangement of any building or structure to obtain a slope of 1/4 of an inch per foot or 2 percent, any such pipe or piping 2 inches or larger in diameter may have a slope of not less than 1/8 of an inch per foot or 1 percent.

(26) Subsection 712.2, Sanitary Drainage System Water Testing, is amended to add the following: “It shall be permissible to use a contrasting primer visible at all connections for plastic sanitary piping systems in lieu of a water test due to water availability at sites and freezing weather conditions.”

(27) Subsection 718.1, Slope, the exception is amended to read as follows: Exception: Where it is impractical, due to the depth of the street sewer or to the structural features or to the arrangement of any building or structure, to obtain a slope of 1/4 of an inch per foot, any pipe or piping 3 inches or larger in diameter may have a slope of 1/8 of an inch per foot and any such pipe or piping 8 inches in diameter or larger may have a slope of 1/16 of an inch per foot.

(28) Subsection 807.3, Domestic Dishwashing Machine, add exception as follows: "Exception #1: The waste connection of a residential dishwasher shall connect directly to a wye branch fitting on the tailpiece of the kitchen sink, directly to the dishwasher connection of a food waste disposer, or through an air break to a standpipe. The waste line of a residential dishwasher shall rise and be securely fastened to the underside of the sink rim or countertop."

(29) Subsection 906.1, Roof Termination, the first sentence is amended to read as follows: Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than 12 inches above the roof nor less than one foot from any vertical surface.

(30) Subsection 906.3, Use of Roof, is amended to read as follows: Vent pipes shall be extended separately or combined, of full required size, not less than 12 inches above the roof or fire wall.

(31) Subsection 906.7, Frost or Snow Closure, is amended to read as follows: “Where frost or snow closure is likely to occur in locations having a minimum design temperature below zero degrees Fahrenheit vent terminals shall be a minimum of 3 inches in diameter, but in no event smaller than the required vent pipe. The change in diameter shall be made inside the building at least 1 foot below the roof and terminate not less than 12 inches above the roof, or as required by the administrative authority.”

(32) Subsection 908.1 is amended to read, "Wet Venting."

(33) Subsection 908.1.1, Size, is deleted and replaced with, "Wet venting is limited to drainage piping receiving the discharge from the trap arm of one and two fixture unit fixtures that also serves as a vent for not to exceed four fixtures. All wet vented fixtures shall be within the same story; provided, further, that fixtures with a continuous vent discharging into a wet vent shall be within the same story as the wet vented fixtures."

(34) Subsection 908.1.2, Vent Connection, is amended to read as follows: "The piping between any two consecutive inlet levels shall be considered a wet vented section. Each wet vented section shall be a minimum of one pipe size larger than the required minimum waste pipe size of the upper fixture or shall be one pipe size larger than the required minimum pipe size for the sum of the fixture units served by such wet vented section, whichever is larger, but in no case less than two inches."

(35) Subsection 908.2, Horizontal Wet Venting for a Bathroom Group, is amended with the addition of the following: "Bathroom group locations include private bathrooms, private patient hospital rooms, commercial toilet rooms with only one toilet, one lavatory and may include one floor drain."

(36) Subsection 1007, Trap Seal Protection, is amended to add the following: “Barrier type floor drain seals complying with ASSE 1072-2007 are approved for use as an acceptable alternative to listed trap seals.”

(37) Chapter 12, Fuel Piping, is deleted and replaced with the International Fuel Gas Code.

(38) Chapter 13, Health Care Facilities and Medical Gas and Vacuum Systems, is deleted except for Subsections 1301.0, 1302.0, and 1303.0, Health Care Facilities. In lieu of Chapter 13, except for the subsections not deleted, the department adopts and incorporates by reference the National Fire Protection Association's Standard NFPA 99, 2018 edition, Chapters 1 through 5 and Chapter 15 for the exclusive use as a standard for medical gas and vacuum systems, unless a different edition date is specifically stated, as the standard for the installation of medical gas and vacuum systems. The requirements of this rule shall not be construed as to replace or supersede any additional requirements for testing and certification of medical gas and vacuum systems, including independent third-party certification of systems, as may be applicable. NFPA 99 is a nationally recognized standard setting forth minimum standards and requirements for medical gas and vacuum systems. A copy of NFPA 99 may be obtained from the National Fire Protection Association at www.nfpa.org.

(39) The purpose of this code is to provide minimum requirements and standards for plumbing installations for the protection of the public health, safety, and welfare. The Uniform Plumbing Code is a nationally recognized model code setting forth minimum standards and requirements for plumbing installations. A copy of the Uniform Plumbing Code may be obtained from the International Association of Plumbing and Mechanical Officials at www.iapmo.org.

History

Authorizing statute(s): 50-60-203, 50-60-504, 50-60-508, MCA
Implementing statute(s): 50-60-201, 50-60-203, 50-60-504, 50-60-508, MCA
History: NEW, 1978 MAR p. 380, Eff. 3/25/78; AMD, 1978 MAR p. 1480, Eff. 10/27/78; AMD, 1979 MAR p. 1662, Eff. 12/28/79; AMD, 1981 MAR p. 1052, Eff. 9/18/81; AMD, 1982 MAR p. 2170, Eff. 12/31/82; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1986 MAR p. 106, Eff. 1/31/86; AMD, 1989 MAR p. 476, Eff. 4/28/89; AMD, 1992 MAR p. 1133, Eff. 5/29/92; AMD, 1994 MAR p. 299, Eff. 2/11/94; AMD, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1997 MAR p. 44, Eff. 1/17/97; AMD, 1997 MAR p. 2061, Eff. 11/18/97; AMD, 1998 MAR p. 2563, Eff. 9/25/98; AMD, 1999 MAR p. 1885, Eff. 10/1/99; AMD, 2000 MAR p. 3168, Eff. 11/10/00; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2014 MAR p. 2776, Eff. 11/7/14; AMD, 2016 MAR p. 316, Eff. 2/20/16; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.351 Minimum Required Plumbing Fixtures

(1) The department adopts Table 2902.1, Minimum Number of Required Plumbing Fixtures, of the 2024 version of the International Building Code to determine the minimum number of required plumbing fixtures to be installed in new buildings. Table 2902.1 is available on the department's website, or by contacting the bureau to request a copy. The department explains and amends Table 2902.1 as follows.

(2) The fixtures shown in Table 2902.1 are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated. The number of occupants shall be determined by the building code.

(3) Fixtures located in adjacent buildings under the ownership or control of the church shall be made available during periods the church is occupied.

(4) Toilet facilities for employees shall be separate from facilities of inmates or patients.

(5) A single-occupant toilet room with one water closet and one lavatory serving not more than two adjacent patient rooms shall be permitted where such room is provided with direct access from each patient room and with provisions for privacy.

(6) For child day care one bathtub or shower shall be required.

(7) Food service establishments or any establishment that sells alcoholic beverages for on-site consumption requires at least one urinal.

(8) Food service establishments shall have a handwashing sink installed in the kitchen area.

(9) Contact the Department of Public Health and Human Services for additional requirements for food service establishments.

(10) At the discretion of the building official, certain nonassembly buildings where food and beverages are not consumed on the premises, may be allowed to furnish only one unisex public toilet if it is accessible in accordance with ICC A117.1.

(11) At the discretion of the building official, business and mercantile classifications intended for quick transactions, including takeout, pickup, and drop off businesses having a floor area less than 1200 sq. ft., may utilize facilities located in another building within 500 feet provided the building is open and available during business hours and is accessible in accordance with ICC A117.1.

(12) For business and mercantile classifications with an occupant load of 15 or fewer, a service sink shall not be required.

(13) Keyed toilets under employee control of the type available at service stations are permitted.

(14) Where urinals are provided, notwithstanding the required urinal in footnote g. above, one water closet less than the number specified may be provided for each urinal installed, except the number of water closets in such cases shall not be reduced to less than one-half of the minimum specified.

(15) Where single-user unisex facilities are present, the aggregate fixture count shall be equal to the required number of separate facilities. Where single-user unisex toilet rooms or bathing rooms are clustered at a single location, at least 50 percent but not less than one room for each user at each cluster shall be accessible.

(16) Riding arenas as defined in ARM 24.301.146(11) are required to provide separate male and female accessible restrooms which contain a minimum of one water closet and one lavatory.

(17) See ARM 24.301.903 for additional requirements and provisions concerning building accessibility.

(18) If a specific occupancy is not shown in the table, the building official shall determine on an individual case-by-case basis the requirements for that occupancy.

(19) On an individual case-by-case basis the building official may approve an alternative source of potable drinking water, such as, but not limited to, a bottled water cooler, in lieu of a drinking fountain. Drinking fountains shall not be required in buildings with an occupant load of 30 or less.

(20) Beauty salons must have a sink in accordance with ARM 24.121.1501.

History

Authorizing statute(s): 50-60-203, 50-60-504, MCA
Implementing statute(s): 50-60-203, 50-60-504, MCA
History: NEW, 1978 MAR p. 1483, Eff. 10/27/78; AMD, 1981 MAR p. 515, Eff. 5/29/81; AMD, 1982 MAR p. 483, Eff. 3/12/82; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1987 MAR p. 2237, Eff. 12/11/87; AMD, 1990 MAR p. 2041, Eff. 11/16/90; AMD, 1994 MAR p. 299, Eff. 2/11/94; AMD, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1997 MAR p. 44, Eff. 1/17/97; AMD, 1997 MAR p. 2061, Eff. 11/18/97; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.361 Plumbing Permits

(1) Any person who is required under 50-60-505, MCA, to obtain a plumbing permit, and the work is not covered by a local government inspection program, shall do so prior to installation through the department.

(2) The exception to the plumbing permit requirement listed in 50-60-503, MCA, for plumbing installations on farms having their own individual water supply or sewage disposal system applies to farm or ranch installations used in conjunction with an agricultural or livestock raising operation which are not connected to either a public water supply or public sewer system. Any building used as or in conjunction with a hotel, motel, inn, motor court, guest or dude ranch, tourist home, public lodging house, bed and breakfast establishment, or other place where sleeping accommodations are furnished to transient guests for a fee is subject to fee requirements of ARM 24.301.301.

(3) The exception to the plumbing permit requirement listed in 50-60-506(4), MCA, for the owner of residential property applies to the owner of a single-family dwelling who does the work on the plumbing installation in the dwelling in which they will reside. The "homeowner exemption" applies to those dwellings intended for the owner's personal use and not for dwellings built on speculation of resale or intended as rental property.

(4) The exception to permit requirements listed in 50-60-506(5), MCA, for regularly employed maintenance personnel doing maintenance work on the business premises applies to personnel on the regular payroll rather than personnel under contract. Maintenance work includes the stopping of leaks in drains, soil, waste, or vent pipe, clearing of stoppages, and repairing of leaks in pipes, valves, or fixtures, when such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.

(5) The applicant shall complete the plumbing application form and designate in the spaces provided the items to be covered by the plumbing permit.

(6) No plumbing permit shall be issued for a building or structure under the jurisdiction of the department, until the building permit has been issued for said building or structure.

(7) After review and approval of the application, the department shall issue a permit to the applicant.

History

Authorizing statute(s): 50-60-203, 50-60-501, 50-60-504, MCA
Implementing statute(s): 50-60-201, 50-60-504, 50-60-505, 50-60-506, 50-60-507, 50-60-508, MCA
History: NEW, 1978 MAR p. 380, Eff. 3/25/78; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1987 MAR p. 2237, Eff. 12/11/87; AMD, 1994 MAR p. 299, Eff. 2/11/94; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2014 MAR p. 2776, Eff. 11/7/14.

Mont. Admin. R. 24.301.371 Plumbing Inspections

(1) Cover (rough-in) inspections are made by a state plumbing inspector wherever possible. Insulation and wallboard shall not be applied prior to inspection unless 48 hours, excluding Saturdays, Sundays, and holidays, have expired after the plumbing installation is complete and notice to inspect has been received.

(2) The permit holder shall be responsible for assuring that plumbing work is not covered before the department has granted permission to cover said work. The inspection shall be made during daylight hours unless it is more convenient to all parties involved to make the inspection at night.

(3) Upon completion of the final inspection and approval of the plumbing work, the department shall, if requested, issue the permit holder a certificate of compliance.

(4) If the inspection reveals code violations, the permit holder shall be given an opportunity to make corrections. If after reinspection the violation has been corrected, the permit holder shall be issued a certificate of compliance. If such violation is not corrected, the permit holder or other responsible persons will be charged as per 50-60-110, MCA.

(5) Plumbing inspectors shall not inspect any plumbing work in which they have any financial or personal interest, or which they have installed or repaired.

History

Authorizing statute(s): 50-60-203, 50-60-504, MCA
Implementing statute(s): 50-60-510, 50-60-511, MCA
History: NEW, 1978 MAR p. 380, Eff. 3/25/78; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2014 MAR p. 2776, Eff. 11/7/14; AMD, 2022 MAR p. 911, Eff. 6/11/22.

Subchapter 24.301.4 Electrical Requirements

Mont. Admin. R. 24.301.401 Incorporation by Reference of National Electrical Code

(1) The department adopts and incorporates by reference the National Fire Protection Association Standard NFPA 70, National Electrical Code, 2023 edition referred to as the National Electrical Code, unless another edition date is specifically stated as adopted in this rule. The National Electrical Code is a nationally recognized model code setting forth minimum standards and requirements for electrical installations.

(2) Subsection 110.2, Approval, is amended to add the following: “When requested, complete wiring diagrams shall be provided prior to installation of conductors and equipment indicating the conductor's and equipment's intended use.”

(3) Subsection 210.8(A), Dwelling Units, is amended to delete reference to 250-volt receptacles.

(4) Subsection 210.8(B), Other than Dwelling Units, is amended to delete reference to 250-volt receptacles.

(5) Subsection 210.8(A)(6), Kitchens, is amended not to require GFCI protection for refrigerators and freezers.

(6) Subsection 210.8(D), Specific Appliances, is amended to delete items 8, 9, 10, 11, and 12.

(7) Subsection 210.8(F), Outdoor Outlets, is amended to exclude outdoor outlets for septic alarm and well circuits.

(8) Subsection 210.8(F), Outdoor Outlets, Exception No. 2, is amended to state the following: “GFCI protection shall not be required for listed HVAC equipment. The department shall determine the expiration date of this exception.”

(9) Subsection 210.12, Arc-Fault Circuit-Interrupter Protection, is amended to delete all references to "kitchen" or "kitchens."

(10) Subsection 210.12(B), Dwelling Units, is amended to include unfinished basements.

(11) Subsection 215.18(B), Location, is amended to add the following sentence, “Alternatively, the SPD may be installed in the distribution board that supplies the feeders to the subpanels or load centers.”

(12) Subsection 230.71, Maximum Number of Disconnects, is deleted and replaced with the following: “Each service shall consist of not more than six disconnecting means mounted in a single enclosure, in a group of enclosures, in a switchboard or switch gear; or the requirements of 230.71(B) are met.”

(13) Subsection 500.4, Documentation, is amended to add the following after the first sentence: “The area classification drawing shall be developed by qualified persons or firms knowledgeable in hazardous (classified) locations.”

(14) Subsection 550.33(A), Feeder Equipment, is amended to add the following: “It shall be permissible to feed a manufactured (mobile) home with type SER cable when the service equipment is mounted on the exterior of the home. Physical protection of the cable is required by enclosing the cable in an approved raceway where the cable is run on the outside of the home. The cable is to be properly supported and attached per Article 338 where installed under the home.”

(15) Article 706, Energy Storage Systems, is amended to add the following: “Energy storage systems installed in any building or structure shall also meet the requirements of the currently adopted International Building Code or International Residential Code for energy storage systems, whichever applies, regardless of whether or not the building or structure is exempt by 50-60-102, MCA.”

(16) Subsection 760.1, Scope, is amended to add the following: “Smoke alarms and carbon monoxide alarms shall be installed in any building or structure as required under the currently adopted International Building Code or International Residential Code, whichever applies, regardless of whether or not the building or structure is exempt by 50-60-102, MCA.”

(17) A copy of the National Electrical Code may be obtained from the National Fire Protection Association at www.nfpa.org/NEC.

History

Authorizing statute(s): 50-60-203, 50-60-603, MCA
Implementing statute(s): 50-60-201, 50-60-203, 50-60-601, 50-60-603, MCA
History: NEW, 1978 MAR p. 378, Eff. 3/25/78; AMD, 1981 MAR p. 519, Eff. 5/29/81; AMD, 1984 MAR p. 1024, Eff. 7/13/84; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1987 MAR p. 2237, Eff. 12/11/87; AMD, 1990 MAR p. 2041, Eff. 11/16/90; AMD, 1994 MAR p. 299, Eff. 2/11/94; AMD, 1997 MAR p. 44, Eff. 1/17/97; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2002 MAR p. 3627, Eff. 12/27/02; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2014 MAR p. 2655, Eff. 10/24/14; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2024 MAR p. 2223, Eff. 9/21/24; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.402 Definitions

(1) For the purposes of this subchapter, the following definitions shall apply:

(a) "Maintenance Work" means ordinary and customary in-plant or onsite installations, modification, additions, or repairs, which shall be limited to: relamping fixtures, replacing ballasts, trouble-shooting, motor controls, replacing motors, breakers, magnetic starters, in a kind-for-kind manner. "Maintenance Work" will also include the connection of listed factory-assembled equipment that can be directly connected to an existing branch-circuit or panelboard by means of a factory-installed lead. If a new circuit is required to operate the equipment, or if the size of the supply conductors needs to be increased, this will be considered new work and not "Maintenance Work."

(b) "Permittee" means the property owner that is responsible for the installation of electrical wiring and equipment authorized by an electrical permit, or the license holder named as the "Responsible Licensed Electrician" for an "Electrical Contractor," who is responsible for the installation of electrical wiring and equipment authorized by an electrical permit. On farm and ranch installations used in conjunction with an agricultural or livestock raising operation, the term "Permittee" will mean the owner, owner's agent, and/or person(s) employed by the owner on a full-time basis as a farm or ranch employee(s) at the farm or ranch involved.

(c) "Provisional Power" means the connection of electrical power to any part of a premises wiring system from any source of energy, prior to the final inspection and approval of the installation by the electrical inspector.

(d) "Rental Property" means any property utilized by any person(s) for other than the owner's personal use with or without the consideration of compensation for the use.

(e) "State Electrical Code" means the edition of the National Electrical Code or any other model electrical code, which is adopted, and as it may be modified by the department for use as a construction standard in and by Montana's electrical industry.

History

Authorizing statute(s): 50-60-603, MCA
Implementing statute(s): 50-60-603, MCA
History: NEW, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2010 MAR p. 1733, Eff. 7/30/10.

Mont. Admin. R. 24.301.411 Wiring Standards (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-603, MCA
Implementing statute(s): 50-60-203, 50-60-603, MCA
History: NEW, 1978 MAR p. 378, Eff. 3/25/78; AMD, 1979 MAR p. 1665, Eff. 12/28/79; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1989 MAR p. 476, Eff. 4/28/89; AMD, 1994 MAR p. 299, Eff. 2/11/94; AMD, 1997 MAR p. 44, Eff. 1/17/97; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2002 MAR p. 3627, Eff. 12/27/02; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2022 MAR p. 911, Eff. 6/11/22; REP, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.421 Electrical Inspectors

(1) Only persons appointed by the department shall act as electrical inspectors to represent the state of Montana.

(2) Inspectors shall give information as to the meaning or application of the code to contractors, electricians, or owners for whom the inspectors perform compliance inspections. The inspector shall not design circuitry or perform engineering tasks for the permittee.

(3) State electrical inspectors shall not inspect any electrical work in which they have any financial or personal interest, or which they have installed or repaired.

(4) State electrical inspectors shall have powers as are vested in them by the department, including but not limited to the power to make inspections and to ascertain that none of the provisions of Title 50, chapter 60, part 6, MCA, the National Electrical Code, as amended from time to time, or the Administrative Rules of Montana, Title 24, chapter 301, subchapter 4, Electrical Requirements are being violated.

(5) A state electrical inspector has the right, during reasonable hours while showing proper identification, to enter any building or premise in the discharge of the inspector's official duties to make any inspection or test of electrical equipment that is necessary to protect the public health, safety, and welfare.

History

Authorizing statute(s): 50-60-203, 50-60-603, MCA
Implementing statute(s): 2-2-101, 50-60-103, 50-60-201, 50-60-203, 50-60-603, 50-60-604, MCA
History: NEW, 1978 MAR p. 378, Eff. 3/25/78; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2010 MAR p. 1733, Eff. 7/30/10.

Mont. Admin. R. 24.301.431 Electrical Permit

(1) Except as provided by 50-60-602, MCA, an electrical permit is required for any installation in any new construction or remodeling or repair.

(2) Prior to the commencement of any electrical installation, in an area where the electrical code is enforced by the department, the permittee shall submit an official and complete request for electrical permit to the department in Helena with fee(s) as provided in ARM 24.301.461. If the permittee fails to obtain a permit for an electrical installation, a "Failure to Permit Investigation Fee" may be required in addition to the standard permit fee. Electrical permit forms will be made available by the department and may also be available at any power supplier or from the electrical inspector.

(3) The term "permittee" listed in ARM 24.301.431(2) applies to owners doing electrical work on their own residence, farm, or ranch property provided that said property is maintained for their personal, private use. The property or residence shall not be built on speculation of resale or intended as rental property.

(4) A local government certified to enforce the electrical code may require, in addition to the electrical permit required by 50-60-605, MCA, the power supplier be provided with proof of an approved inspection before the power supplier can energize the electrical installation. The local government shall provide the power supplier with written notice of this requirement if it wishes to enforce this option.

(5) The requirements listed in 50-60-605, MCA, requiring an "electrical permit" before the energizing of an electrical installation by a power supplier means the power supplier may energize said installation with provisional power, before an inspection has been performed by the department, after issuing a power supplier limited service certificate as allowed in ARM 24.301.472, or upon receipt of the power supplier's copy of the electrical permit issued by the department.

(6) An individual that energizes an electrical installation without first obtaining an electrical permit for that installation is guilty of a misdemeanor per 50-60-607, MCA. The department may require a utility per 50-60-605, MCA, to not energize or to remove provisional power from the permittee's electrical system if the permittee connects new wiring to a new or existing power source, thereby causing the utility to energize the electrical installation without first receiving the required permit for the connection.

(7) Upon receipt of the application for an electrical permit with the applicable fee(s), the department will issue the official electrical permit covering the installation.

(8) The permittee shall be responsible for all work performed under the electrical permit, and shall ensure that all work meets the requirements of the National Electrical Code, as amended by the version of ARM 24.301.411 in effect at the time the permit was issued. No permittee shall allow any other person to do, or cause to be done, any work under an electrical permit issued to the permittee, except the permittee or the permittee's employees who are licensed as an electrician or registered as an electrical apprentice.

(9) Electrical permits are valid for a period of 18 months from the date of issuance. One renewal of 18 months may be granted by the department as long as the application for renewal is made not more than 30 days following expiration of the original permit. Original electrical permits expire after 18 months from the date of issuance if not renewed. Renewed electrical permits will expire 18 months after the renewal date.

(10) The electrical permit is transferable, with application for permit transfer being made in writing on forms provided by the department and the payment of a $20.00 transfer fee. The permit transfer shall be completed prior to the subsequent permittee commencing work under the transferred permit.

(11) The exception to permit requirements listed in 50-60-602(2), MCA, for regularly employed maintenance personnel doing maintenance work on the business premises applies to personnel on the regular payroll rather than personnel under contract.

(12) No electrical permit shall be issued for a building or structure under the jurisdiction of the department until the building permit has been issued for said building or structure or it has been determined that a building permit is not required or special circumstances exist which make issuance of the permit appropriate.

History

Authorizing statute(s): 50-60-203, 50-60-603, MCA
Implementing statute(s): 50-60-201, 50-60-203, 50-60-603, 50-60-604, 50-60-605, MCA
History: NEW, 1978 MAR p. 378, Eff. 3/15/78; AMD, 1979 MAR p. 1665, Eff. 12/28/79; AMD, 1981 MAR p. 519, Eff. 5/29/81; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1987 MAR p. 2237, Eff. 12/11/87; AMD, 1994 MAR p. 299, Eff. 2/11/94; AMD, 1997 MAR p. 2061, Eff. 11/18/97; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2022 MAR p. 911, Eff. 6/11/22.

Mont. Admin. R. 24.301.441 Cover (rough-In) Inspections

(1) Cover (rough-in) inspections are made by a state electrical inspector wherever possible. Insulation and wallboard shall not be applied prior to inspection unless 48 hours, excluding Saturdays, Sundays and holidays, have expired after the electrical installation is complete and notice to inspect has been received.

(2) The permittee of record, whether an electrical contractor or a homeowner, shall notify the area electrical inspector when the electrical installation is ready for cover (rough-in) inspection, whether or not an inspection is subsequently performed.

(3) Whenever violations are found upon inspection, the inspector will notify the permittee verbally, with a written inspection report, or a written compliance order as to the nature of the violations.

(4) Provisional power may be removed from the installation if code violations discovered during the cover (rough-in) inspection are of such a nature to be considered an immediate threat of fire to the structure or shock hazard.

History

Authorizing statute(s): 50-60-203, 50-60-603, MCA
Implementing statute(s): 50-60-103, 50-60-201, 50-60-203, 50-60-603, 50-60-604, MCA
History: NEW, 1978 MAR p. 378, Eff. 2/25/78; AMD, 1981 MAR p. 519, Eff. 5/29/81; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2010 MAR p. 1733, Eff. 7/30/10.

Mont. Admin. R. 24.301.451 Final Inspection

(1) The permittee of record, whether an electrical contractor or a homeowner, shall notify the area electrical inspector when the electrical installation is ready for final inspection and provide access to the installation for inspection or furnish the necessary information as to who can provide access to the installation.

(2) Upon completing final inspections, state inspectors will date and sign the inspection reports. Inspectors will apply a green "approved" tag when installations have been inspected and approved by the department. Upon approval, the department will remove the provisional power designation.

(3) If the installation is disapproved, inspectors will provide the permittee with notice of and reasons for the disapproval. After correcting the cause for disapproval, the permittee must make a request for reinspection to the department. Failure to make corrections or request the final reinspection may cause the department to cancel the provisional power. When the inspector approves the corrected installation as identified on the permit and inspection documents, the inspector will apply the proper final inspection tag to the installation and the department will remove the "provisional power" designation.

History

Authorizing statute(s): 50-60-203, 50-60-603, MCA
Implementing statute(s): 50-60-103, 50-60-201, 50-60-203, 50-60-603, 50-60-604, MCA
History: NEW, 1978 MAR p. 378, Eff. 2/25/78; AMD, 1979 MAR p. 1665, Eff. 12/28/79; AMD, 1981 MAR p. 519, Eff. 5/29/81; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2022 MAR p. 911, Eff. 6/11/22.

Mont. Admin. R. 24.301.461 Electrical Inspections Fees

(1) The following is the schedule of electrical inspection fees as charged by the department. As provided in ARM 24.301.203 local governments certified to enforce the electrical code may establish their own electrical permit fees.

Type of Installation Permit Fee

(a) single-family dwellings or cabins (includes attached garage if wired at the same time as the house or cabin). A cabin is a structure designed for use for overnight stays that may not meet the definition of a dwelling unit.

(i) up to 200 amp service $200

(ii) 201 to 400 amp service 380

(iii) 401 to 600 amp service 600

(iv) 601 and up amp service 800

(b) private property accessory buildings (includes new service or upgrade of existing service for supply of power to garages, barns, sheds, etc.)

(i) up to 200 amp panel 80

(ii) 201 to 300 amp panel 150

(iii) 301 or more amp panel 250

(i) Up to 200 amp service 180

(ii) 201 to 400 amp service 380

(iii) 401 to 600 amp service 580

(iv) 601 and up amp service 780

*Plus $60 per unit, up to and including 12 units.

*For buildings containing more than 12 units, use the commercial schedule that follows.

(d) multi-family dwellings (duplex through 12 units) rewire or remodel only - per dwelling unit

100

(e) single-family dwelling interior/exterior wiring/rewiring

(i) more than three circuits and change of service and/or interior panelboard

120

(ii) more than three circuits only (does not include change of service or panelboard)

100

(iii) two or three additional circuits or pieces of equipment only 70

(iv) one additional circuit or piece of equipment (hot tub, air conditioner, etc.)

(f) change of service

(i) exterior meterbase and interior/exterior main disconnect only 45

(ii) exterior meterbase and interior/exterior main disconnect with feeder and distribution panelboard replacement 75

(g) modular homes, mobile homes, and recreational vehicles

(i) wiring to a mobile or modular home with wiring of a basement and/or addition at the same time 120

(ii) wiring to a mobile, modular, or RV only on privately owned property

(iii) wiring to a mobile or RV on rental space at a licensed court with previously existing electrical service 40

(h) mobile home courts and/or recreational vehicle parks (new, rewire or addition)

(i) first 3 spaces (1-3 spaces) $45

(ii) additional spaces over 3 spaces installed at the same time (per space)

(i) new service and wiring for utilization equipment such as livestock well, residential irrigation well, etc. 50

(j) agricultural irrigation pumps or machines on a common surface

(i) (one pump or one pivot) 50

(ii) multiple pumps or pivots ($50 for first pump or pivot plus $25 for each additional piece of equipment supplied by a common service.) (Note: A separate permit is required for each service installed supplying either a single piece of equipment or a combination of equipment.)

(k) permit renewal fee 60

(l) refund/credit fee 25

(m) permit transfer fee 20

(n) failure to permit investigation fee 45/hour

(o) Renewable energy system: net metering system or off-grid electrical generating system (photovoltaic (PV) system, wind generator, hydro turbine, etc.)

(i) Commercial or residential installations 65

(p) all other installations (commercial, industrial, institutional, or for public use). Fees are based on total cost to the owner of all labor and materials to complete the electrical project. Electrical materials furnished by the owner must be included in the total electrical project cost:

Cost of Electrical Installation | Fee $0 - $1,000 | $45 for 1st $500 plus 6.0% of balance of construction cost $1,001 - $10,000 | $75 for 1st $1,000 plus 2.0% of balance of construction cost $10,001 - $50,000 | $255 for 1st $10,000 plus 0.5% of balance of construction cost $50,001 or more | $455 for 1st $50,000 plus 0.3% of balance of construction cost

(q) provisional construction service $60.00 (Note: A provisional construction service permit may only be closed when the permit expires and power is removed or upon the permittee obtaining a new permit applicable for the wiring of the structure being built. The utility power supplier shall be ordered by the inspector to remove power from a "Provisional construction service" upon expiration of the permit, if no additional permit has been obtained.)

(2) A requested inspection is limited to the inspection of existing electrical installations that an owner or occupant may wish to have inspected. The fee for a requested inspection is payable prior to or at the time of the inspection. The fee for a requested electrical inspection is $60, provided that such service, including all time spent preparing all paperwork furnished as documentation by the inspector regarding the inspection, is not in excess of one hour in duration, and then $30 for each 30 minutes or fractional part thereof in excess of one hour. Travel and per diem will also be charged at the rates established under Title 2, chapter 18, part 5, MCA, when considered by the department to be applicable for the situation.

History

Authorizing statute(s): 50-60-104, 50-60-203, 50-60-603, 50-60-604, MCA
Implementing statute(s): 50-60-104, 50-60-203, 50-60-603, 50-60-604, MCA
History: NEW, 1978 MAR p. 378, Eff. 3/25/78; AMD, 1978 MAR p. 1480, Eff. 10/27/78; AMD, 1979 MAR p. 1665, Eff. 12/28/79; AMD, 1981 MAR p. 1054, Eff. 9/18/81; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1986 MAR p. 109, Eff. 1/31/86; AMD, 1987 MAR p. 2237, Eff. 12/11/87; AMD, 1994 MAR p. 670, Eff. 2/11/94; AMD, 1998 MAR p. 2563, Eff. 9/25/98; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2014 MAR p. 2655, Eff. 10/24/14.

Mont. Admin. R. 24.301.471 Temporary Electrical Connections

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-605, MCA
Implementing statute(s): 50-60-605, MCA
History: NEW, 1979 MAR p. 1661, Eff. 12/28/79; AMD, 1981 MAR p. 519, Eff. 5/29/81; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1994 MAR p. 299, Eff. 2/11/94; TRANS, from Commerce, 2001 MAR p. 2301; REP, 2006 MAR p. 567, Eff. 2/24/06.

Mont. Admin. R. 24.301.472 Authority for Temporary Connections

(1) Temporary power supply connections may be performed under the authority of power supplier limited service certificates.

(2) Power supplier limited service certificates ("service certificates") are four part forms created and provided by the department to consumers and power suppliers in Montana. These service certificates may be used to allow power suppliers to energize electrical services in Montana prior to obtaining an electrical permit and prior to inspection and approval of electrical service installations by department inspectors.

(3) Service certificates may be used only for the following purposes:

(a) to restore power to a structure for repairs after a fire, accidental damage, or natural disaster;

(b) to restore power to a mobile home to prevent damage due to freezing conditions or to prevent loss of frozen or refrigerated food items after relocation of a mobile home;

(c) to restore or establish power to a structure where power must be available to maintain conditions or equipment directly related to home health care; or

(d) to restore or establish power in situations where failure to do so would imminently and directly jeopardize real or personal property, or human life or safety.

(4) Power suppliers must be in receipt of a completed service certificate or ensure one is completed by a prospective consumer prior to or immediately coincidental with making temporary electrical connections to supply power.

(5) Power suppliers must present a copy of completed service certificates to the area electrical inspector or his supervisor within five days, excluding weekends and holidays, of the issue date of the date that temporary power was supplied, whichever is later.

(6) As provided by 50-60-605 , MCA, no temporary electrical connection made in accordance with this rule may remain in effect longer than 14 days. If the 14-day time limit lapses without the consumer obtaining an appropriate permit from the department and presenting it to the power supplier, the power supplied under the authority of the service certificate must be disconnected by the power supplier no later than 72 hours following expiration of the 14-day period.

(7) Subject to the administrative (contested case) procedures set forth in the Montana Administrative Procedure Act, a power supplier that neglects, refuses, or fails to comply with the provisions of this rule and 50-60-605 , MCA, shall forfeit the ability to utilize service certificates.

History

Authorizing statute(s): 50-60-203, 50-60-603, MCA
Implementing statute(s): 50-60-201, 50-60-603, 50-60-604, 50-60-605, MCA
History: NEW, 2006 MAR p. 567, Eff. 2/24/06.

Mont. Admin. R. 24.301.481 Carnivals, Fairs, Outdoor Concerts, and Similar Amusement Establishments and Other Public Assemblies of a Temporary Nature

(1) Electrical power and lighting installations for amusement or public assembly may be permitted for a period not to exceed 30 days. The installation must comply with Article 525 of the National Electrical Code.

(2) The electrical inspection fee for each temporary installation shall be $45 for the entirety of the temporary installation, provided that such inspection can be completed within one hour. If additional inspection time is required, it will be charged at the rate of $25 for each additional 30 minutes or fractional parts thereof.

(3) Each time a temporary amusement or public assembly electrical installation is erected or relocated, another electrical inspection will be required.

History

Authorizing statute(s): 50-60-203, 50-60-603, MCA
Implementing statute(s): 50-60-201, 50-60-203, 50-60-603, 50-60-604, MCA
History: NEW, 1986 MAR p. 106, Eff. 1/31/86; AMD, 1998 MAR p. 2563, Eff. 9/25/98; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.491 Refunds or Credits

(1) No permit fee shall be refunded nor credit issued for a permit if the value of the permit does not exceed $25.

(2) A permit with a value which exceeds $25 may be refunded or credited, at the discretion of the department, less the $25 refund/credit fee.

(3) A refund or credit issued for a permit fee on a project, which was inspected by the department, shall have the refund or credit prorated at the rate of $45 per required inspection performed, in addition to the $25 refund/credit fee.

(4) No refund or credit for permit fees shall be issued for duplicate permits, when the permittee failed to transfer the original permit pursuant to ARM 24.301.431(10) and a subsequent permit was obtained for the same project.

(5) The department may suspend or revoke a permit when the permit was issued in error or issued on the basis of incorrect information. Suspended or revoked permits shall not be issued a refund or credit.

History

Authorizing statute(s): 50-60-203, 50-60-603, 50-60-604, MCA
Implementing statute(s): 50-60-203, 50-60-603, 50-60-604, MCA
History: NEW, 1994 MAR p. 299, Eff. 2/11/94; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2010 MAR p. 1733, Eff. 7/30/10.

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1994 MAR p. 299, Eff. 2/11/94; AMD, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301; REP, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.565 In-State Plan and System Review Fees for Factory-Built Buildings (transferred)

(TRANSFERRED)

History

Authorizing statute(s): 50-60-104, 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-104, 50-60-203, 50-60-401, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; AMD, 1978 MAR p. 278, Eff. 3/15/78; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1989 MAR p. 476, Eff. 4/28/89; AMD, 1994 MAR p. 299, Eff. 2/11/94; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2016 MAR p. 887, Eff. 5/21/16; AMD and TRANS, to 24.301.1261, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.566 Insignia Fees (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-104, 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-104, 50-60-203, 50-60-401, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; AMD, 1978 MAR p. 378, Eff. 3/25/78; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1989 MAR p. 476, Eff. 4/28/89; AMD, 1997 MAR p. 2061, Eff. 11/18/97; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2016 MAR p. 887, Eff. 5/21/16; REP, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.576 Notice of Violations (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; TRANS, from Commerce, 2001 MAR p. 2301; REP, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.577 Violation and Hearings (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; TRANS, from Commerce, 2001 MAR p. 2301; REP, 2024 MAR p. 2223, Eff. 9/21/24.

Subchapter 24.301.6 Elevators, Escalators, and Moving Walks

Mont. Admin. R. 24.301.601 Incorporation by Reference of Elevator Code

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-701, 50-60-702, MCA
Implementing statute(s): 50-60-203, 50-60-701, 50-60-702, MCA
History: NEW, Eff. 3/1/75; AMD, 1978 MAR p. 382, Eff. 3/25/78; AMD, 1979 MAR p. 1663, Eff. 12/28/79; AMD, 1982 MAR p. 2170, Eff. 12/31/82; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1986 MAR p. 106, Eff. 1/31/86; AMD, 1989 MAR p. 476, Eff. 4/28/89; AMD, 1992 MAR p. 1133, Eff. 5/29/92; AMD, 1994 MAR p. 670, Eff. 2/11/94; AMD, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1996 MAR p. 2160, Eff. 8/9/96; AMD, 1998 MAR p. 2563, Eff. 9/25/98; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2004 MAR p. 571, Eff. 3/12/04; REP, 2006 MAR p. 567, Eff. 2/24/06.

Mont. Admin. R. 24.301.602 Incorporation by Reference of Elevator Code

(1) Subject to the provisions of Title 50, chapter 60, part 7, MCA, the department adopts and incorporates by reference the following conveyance codes promulgated by the American Society of Mechanical Engineers (ASME):

(a) Safety Code for Elevators and Escalators, ASME A17.1, 2019 edition, excluding the following subsections: 2.13.5; 2.13.5.1; 2.13.5.2; 2.13.5.3; 2.13.5.3.1; 2.13.5.4; 2.13.5.4.1; 2.13.5.4.2; 2.13.5.5; 2.13.5.6; 2.27.1.1.3; 2.27.1.1.4; and 2.27.1.1.6;

(b) Safety Code for Existing Elevators and Escalators, ASME A17.3 2018 edition; and

(2) Inspection, code compliance, and enforcement of hoistway enclosure standards are the responsibility of the appropriate authority having jurisdiction for inspection and enforcement of the building code. The building code, as adopted in ARM 24.301.131, shall have jurisdiction over the structural integrity of the hoistway enclosure, and the elevator code, as defined in (3), shall have jurisdiction over the hoistway shaft.

(3) The codes and standard referenced in (1), together with Title 50, chapter 60, part 7, MCA, and this subchapter, are collectively referred to as the "elevator code." A copy of the ASME codes and standards may be obtained from the American Society of Mechanical Engineers, P.O. Box 2300, Fairfield, NJ 07007-2300, or www.asme.org .

History

Authorizing statute(s): 50-60-705, 50-60-715, MCA
Implementing statute(s): 50-60-704, 50-60-705, 50-60-715, MCA
History: NEW, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2022 MAR p. 911, Eff. 6/11/22.

Mont. Admin. R. 24.301.603 Definitions

(1) "Conveyance" as used in this rule means the equipment, associated parts, and hoistways set forth at 50-60-704(1), MCA. It does not include conveyances in private residences, farms, or ranches.

(2) "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.

(3) "Hoistway enclosure" means the fixed structure of vertical walls or partitions, that isolates the hoistway from other areas or from an adjacent hoistway and in which entrances are installed.

(4) "Hoistway shaft" means an opening through a building or structure for the travel of an elevator, dumbwaiter, or material lift, extending from the pit floor to the roof, or the floor above.

(5) "Private residences" for the purposes of applying the permit exclusion at 50-60-704, MCA, include only those conveyances contained wholly within a single, private residence, for personal use by the owner. Conveyances to which the public may gain access are not deemed to be within a private residence. However, any person performing conveyance work in a private residence or on a farm or ranch is still subject to the elevator contractor, mechanic, and inspector licensing requirements in Title 37, chapter 73, MCA.

(6) "Stop" for the purpose of fee calculation is any vertical or horizontal location of the elevator opening, escalator, or moving walk which is used to receive or discharge passengers or freight.

History

Authorizing statute(s): 50-60-203, 50-60-705, 50-60-715, MCA
Implementing statute(s): 37-73-201, 37-73-203, 37-73-212, 50-60-704, 50-60-705, 50-60-715, MCA
History: NEW, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2014 MAR p. 2780, Eff. 11/7/14; AMD, 2022 MAR p. 911, Eff. 6/11/22; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.606 Plan Review and Permit Fee

(1) An elevator contractor may not erect, construct, install, or alter any conveyance subject to the provisions of Title 50, chapter 60, MCA, unless the elevator contractor has first submitted plans, paid the fee, and obtained a permit from the department.

(2) The plan review and permit fee for new installations and alterations of a conveyance is:

(a) valuation up to and including $40,000 $200

plus $50 per stop excluding lifts

(b) valuation over $40,000 $200

plus $50 per stop excluding lifts,

plus $3 for each $1,000 or fraction thereof over $40,000

(3) Whenever a new conveyance is proposed to be installed or alterations are proposed to an existing conveyance in a certified building jurisdiction, the elevator contractor must provide that jurisdiction with a copy of the plans submitted to the department.

(4) The permit holder must contact the department or a licensed elevator inspector for an inspection of a newly installed or altered conveyance a minimum of ten working days prior to the scheduled or anticipated date for placing the conveyance in use.

(a) Prior to calling for inspection of a newly installed or altered conveyance, the permit holder must ensure all aspects of the installation or alteration are complete and ready for inspection, including, but not limited to:

(i) the functioning of all conveyance components; and

(ii) completion of all related electrical, mechanical, fire alarm, fire suppression, and building construction work to the shaft, machine room, and related areas.

(b) If upon the requested arrival of department personnel, the conveyance is not ready for inspection, the permit holder shall be responsible for the inspection fee despite the inability to complete the inspection, and will be responsible for all subsequent inspections.

(5) Permits will expire as provided by 50-60-709, MCA.

(6) In addition to the criteria provided at 50-60-709, MCA, a permit may be revoked and subject to an administrative hearing under 50-60-105, MCA, for:

(a) having a reasonable cause finding of unprofessional conduct, as defined in 37-1-402 and 37-1-410, MCA, against a licensed elevator contractor or mechanic that relates to the safety of the conveyance, subject to the permit; or

(b) failure to obtain or maintain insurance as required in 50-60-716, MCA.

History

Authorizing statute(s): 50-60-705, 50-60-709, MCA
Implementing statute(s): 50-60-105, 50-60-709, 50-60-711, MCA
History: NEW, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2014 MAR p. 2780, Eff. 11/7/14; AMD, 2022 MAR p. 911, Eff. 6/11/22.

Mont. Admin. R. 24.301.607 Inspections - Certificates - Fees

(1) No conveyance may be operated prior to inspection by an authorized elevator inspector and issuance of a current certificate of inspection from the department.

(2) Except for registered freight elevators, which require inspection every two years, all other registered conveyances require inspection on an annual basis. The department may require more frequent intervals as part of a plan of correction.

(3) The department will schedule and conduct inspections and will issue a certificate of inspection upon:

(a) payment of the inspection and certificate fees; and

(b) a determination by either a private, licensed elevator inspector or a department inspector that the conveyance is in compliance with the elevator code.

(4) The department will charge the full inspection fee for mutually scheduled inspections in which department inspectors arrive to find the conveyance not yet ready for inspection.

(5) The department may require correction of deficiencies prior to the next annual inspection, as it determines in the interest of public safety.

(6) When a department inspection reveals a deficient condition, the department, within 24 hours, will issue a corrective notice providing the owner or lessee 45 days to correct the deficiencies. Failure by the owner or lessee to correct the deficiencies or to submit a plan of correction acceptable to the department within the time stated will result in the issuance of a formal notice and order to stop operation of the conveyance.

(7) A duplicate certificate of inspection will be issued for no fee.

(8) The fee for each separate department of inspection (annual, biennial, or accident) is:

(a) elevator, escalator, and moving walk $140 per conveyance

plus $50 per stop

(b) lifts $100 per conveyance

report issued by licensed private inspector $10 per conveyance

(d) certificate of inspection fee $10 per conveyance

(e) initial inspection for elevator, escalator, or moving walk $140 per conveyance

plus $50 per stop

(9) An owner shall post in a conspicuous place in or on each conveyance, the current certificate of inspection or information on how to obtain a copy of it.

History

Authorizing statute(s): 50-60-705, 50-60-711, MCA
Implementing statute(s): 50-60-103, 50-60-705, 50-60-706, 50-60-711, 50-60-715, MCA
History: NEW, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2014 p. 2780, Eff. 11/7/14; AMD, 2016 MAR p. 887, Eff. 5/21/16; AMD, 2022 MAR p. 911, Eff. 6/11/22.

Mont. Admin. R. 24.301.608 Reinspection - Fee

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-705, 50-60-711, MCA
Implementing statute(s): 50-60-103, 50-60-201, 50-60-211, 50-60-705, 50-60-711, MCA
History: NEW, 2006 MAR p. 567, Eff. 2/24/06; REP, 2013 MAR p. 52, Eff. 1/18/13.

Mont. Admin. R. 24.301.609 Inspection Interval Extension

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-705, MCA
Implementing statute(s): 50-60-103, 50-60-201, 50-60-705, 50-60-711, MCA
History: NEW, 2006 MAR p. 567, Eff. 2/24/06; REP, 2013 MAR p. 52, Eff. 1/18/13.

Mont. Admin. R. 24.301.610 Accidents

(1) When a conveyance is involved in an accident causing injury or death, an owner or lessee aware of such accident must submit a written report to the department within 72 hours. The department must inspect the conveyance involved in the accident, charge the appropriate fee, and, if necessary, require corrective action.

History

Authorizing statute(s): 50-60-705, MCA
Implementing statute(s): 50-60-103, 50-60-705, 50-60-711, MCA
History: NEW, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13.

Mont. Admin. R. 24.301.611 Modifications, Appeals and Variances

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-705, MCA
Implementing statute(s): 50-60-201, 50-60-206, MCA
History: NEW, 2006 MAR p. 567, Eff. 2/24/06; REP, 2013 MAR p. 52, Eff. 1/18/13.

Mont. Admin. R. 24.301.612 Reinspection

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-702, MCA
Implementing statute(s): 50-60-203, 50-60-701, 50-60-702, MCA
History: NEW, Eff. 3/1/75; AMD, 1978 MAR p. 382, Eff. 3/25/78; AMD, 1979 MAR p. 1663, Eff. 12/28/79; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; TRANS, from Commerce, 2001 MAR p. 2301; REP, 2006 MAR p. 567, Eff. 2/24/06.

Mont. Admin. R. 24.301.613 Certificates of Inspection

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-702, MCA
Implementing statute(s): 50-60-203, 50-60-701, 50-60-702, MCA
History: NEW, Eff. 3/1/75; AMD, 1978 MAR p. 382, Eff. 3/25/78; AMD, 1979 MAR p. 1663, Eff. 12/28/79; AMD, 1982 MAR p. 2170, Eff. 12/31/82; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1989 MAR p. 476, Eff. 4/28/89; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; REP, 2006 MAR p. 567, Eff. 2/24/06.

Mont. Admin. R. 24.301.614 Accidents

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-702, MCA
Implementing statute(s): 50-60-203, 50-60-701, 50-60-702, MCA
History: NEW, Eff. 3/1/75; AMD, 1978 MAR p. 382, Eff. 3/25/78; AMD, 1979 MAR p. 1663, Eff. 12/28/79; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; TRANS, from Commerce, 2001 MAR p. 2301; REP, 2006 MAR p. 567, Eff. 2/24/06.

Mont. Admin. R. 24.301.615 Violations, Appeals and Variances

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-702, MCA
Implementing statute(s): 50-60-203, 50-60-206, 50-60-701, 50-60-702, MCA
History: NEW, Eff. 3/1/75; AMD, 1978 MAR p. 382, Eff. 3/25/78; AMD, 1979 MAR p. 1663, Eff. 12/28/79; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; TRANS, from Commerce, 2001 MAR p. 2301; REP, 2006 MAR p. 567, Eff. 2/24/06.

Mont. Admin. R. 24.301.621 Certification of Maintenance and Insurance Companies as Inspectors

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-702, MCA
Implementing statute(s): 50-60-203, 50-60-702, MCA
History: NEW, Eff. 3/1/75; AMD, 1978 MAR p. 382, Eff. 3/25/78; AMD, 1979 MAR p. 1663, Eff. 12/28/79; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; TRANS, from Commerce, 2001 MAR p. 2301; REP, 2006 MAR p. 567, Eff. 2/24/06.

Mont. Admin. R. 24.301.622 Inspections by Certified Maintenance or Insurance Companies

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, 50-60-701, 50-60-702, MCA
Implementing statute(s): 50-60-203, 50-60-701, 50-60-702, MCA
History: NEW, Eff. 3/1/75; AMD, 1978 MAR p. 382, Eff. 3/25/78; AMD, 1979 MAR p. 1663, Eff. 12/28/79; TRANS, from Dept. of Admin. , Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1994 MAR p. 299, Eff. 2/11/94; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2004 MAR p. 2103, Eff. 9/3/04; REP, 2006 MAR p. 567, Eff. 2/24/06.

Mont. Admin. R. 24.301.623 Inspections by Licensed Private Inspectors

(1) When an owner or lessee of a conveyance engages a licensed private inspector to conduct an inspection of a conveyance, the inspector must complete a condition report in a manner prescribed to the department within three days of the inspection.

(2) Upon receipt of the $10 fee for receiving and processing the condition report, and a $10 certificate inspection fee, the department shall issue certificates of operation for all conveyances certified by the licensed private inspector to be in compliance with the elevator code and the currently adopted edition of the International Building Code as provided by ARM 24.301.131, or that deficient conditions in a past condition report have been corrected and no department inspection is necessary.

(3) The department may inspect any conveyance that has been the subject of a deficient condition report submitted by a licensed private inspector and charge the owner or lessee the department's inspection fee.

History

Authorizing statute(s): 50-60-705, 50-60-711, MCA
Implementing statute(s): 50-60-705, 50-60-711, 50-60-715, MCA
History: NEW, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13.

Mont. Admin. R. 24.301.624 Tag Out and Lock Out – Stop-Work Orders

(1) Whenever the department finds that a deficient condition presents an imminent threat to public safety or welfare, it may immediately post a stop-work order in a conspicuous place on or near the conveyance and perform a "tag-out" and "lock-out" to deactivate the conveyance, pending satisfactory correction by the owner or lessee. The owner or lessee shall ensure the stop-work order is legibly maintained as posted by the department.

(2) Only after the department determines that the public safety threat has been sufficiently abated may it authorize removal of the stop-work order and reactivation of the conveyance.

(3) Only a department inspector may reverse the stop-work order imposed under this rule after personal reinspection of the conveyance.

(4) The owner or lessee may appeal a stop-work order by requesting an administrative hearing as authorized by 50-60-105, MCA.

History

Authorizing statute(s): 50-60-705, 50-60-709, MCA
Implementing statute(s): 50-60-105, 50-60-705, 50-60-709, MCA
History: NEW, 2013 MAR p. 52, Eff. 1/18/13.

Subchapter 24.301.7 Boiler Safety

Mont. Admin. R. 24.301.701 Scope of Rules

(1) This subchapter is promulgated in order to provide rules and definitions, as required by 50-74-101 , MCA, for the safe construction, installation, operation, inspection and repair of equipment covered to Title 50, chapter 74, MCA.

(2) Title 50, chapter 74, MCA, does not give the Department of Labor and Industry jurisdiction over unfired pressure vessels, therefore the provisions contained herein are not applicable to unfired pressure vessels.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-101, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301.

Mont. Admin. R. 24.301.710 Incorporation by Reference of Boiler and Pressure Vessel Code

(1) The Department of Labor and Industry, referred to as department in this and all subsequent rules, adopts and incorporates by reference the following sections of the American Society of Mechanical Engineers (ASME), Boiler and Pressure Vessel Code, 2021 edition, referred to as Boiler and Pressure Vessel Code, unless another edition is specifically stated:

(a) Section I, Rules for Construction of Power Boilers;

(b) Section II, Parts A, B, C, and D, Material Specifications;

(d) Section V, Nondestructive Examination;

(e) Section VI, Recommended Rules for the Care and Operation of Heating Boilers;

(f) Section VII, Recommended Guidelines for the Care of Power Boilers;

(g) Section IX, Welding and Brazing Qualifications; and

(h) Section XIII, Rules for Overpressure Protection.

(2) The department adopts and incorporates by reference the American Society of Mechanical Engineers publication CSD-1, Controls and Safety Devices for Automatically Fired Boilers, 2018 edition, referred to as CSD-1, unless another edition is specifically stated.

(3) The Boiler and Pressure Vessel Code and CSD-1 are nationally recognized codes setting forth minimum standards and requirements for the construction, operation, and safety of boilers. A copy of the Boiler and Pressure Vessel Code and CSD-1 may be obtained from the American Society of Mechanical Engineers, ASME Headquarters, Two Park Avenue, New York, NY 10016-5990; or https://www.asme.org .

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-101, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2013 MAR p. 52, Eff. 1/18/13; AMD, 2021 MAR p. 1552, Eff. 11/6/21.

Mont. Admin. R. 24.301.711 Definitions

(1) "Alteration" means any change in an item described on the original manufacturer's data report, which affects the pressure containing capability of the boiler.

(2) "ASME" means the American Society of Mechanical Engineers.

(3) "Boiler" means a closed vessel in which water is heated, steam is generated, steam is super-heated, or any combination thereof, under pressure or vacuum, for use external to itself, by the direct application of heat from combustible fuels or electricity. The term boiler includes fired units for heating or vaporizing liquids other than water, where these units are separate from processing systems and complete within themselves.

(4) "Certificate of inspection" means the boiler inspection report issued by either the department or an insurance company following a boiler inspection.

(5) "Degrees" means Fahrenheit or equivalent Celsius.

(6) "Design professional" means a person who, by reason of special knowledge and use of the mathematical, physical, and engineering sciences, and the principles and methods of engineering analysis and design acquired by engineering education and engineering experience, is qualified to practice engineering, and who has been licensed as a professional engineer, and who has experience with boiler design and repair.

(7) "External inspection" means an inspection of the external portions of a boiler, preferably made when the boiler is in operation.

(8) "High temperature water boiler" (power hot water) means a water boiler intended for operation at pressures exceeding 160 psig and/or temperatures exceeding 250 degrees F.

(9) "Hot water heating boiler" means a boiler operating at pressures not exceeding 160 psig and/or temperatures not exceeding 250 degrees F., at or near the boiler outlet, designed to heat water for circulation through an external heating system.

(10) "Hot water supply boiler" means a boiler, completely filled with water, intended for operation at pressures not exceeding 160 psig and/or temperatures exceeding 250 degrees F., measured at or near the boiler outlet, that furnishes hot water to be used external to itself.

(11) "Inspector" means a state inspector or special boiler inspector.

(12) "Internal inspection" means as complete an examination as can reasonably be made of the internal surfaces of a boiler while it is shut down, when such manhole plates, handhole plates, or other inspection opening closures are opened or removed for cleaning or repair.

(13) "National board" means the National Board of Boiler and Pressure Vessel Inspectors.

(14) "National board certificate" means a National Board of Boiler and Pressure Vessel Inspectors' commission.

(15) "Operating certificate" means a certificate issued by the department which authorizes the owner or user to allow the boiler to be operated.

(16) "Owner" means any person, firm, corporation, state, county, municipality, or other entity owning, or possessing for operation any boiler within the state of Montana.

(17) "Potable water" means water which is utilized for drinking, culinary, and domestic purposes.

(18) "Power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig.

(19) "Pressure vessel" means an unfired closed container in which pressure is obtained from an external source, the application of heat from an indirect source or from a direct source other than a boiler.

(20) "PSIG" means pounds per square inch gauge or equivalent metric units.

(21) "Repair" means the work necessary to restore a boiler to a safe and satisfactory operating condition.

(22) "Special boiler inspector" means a person, other than a state inspector, authorized by the department to perform boiler inspections.

(23) "Standard boiler" means a boiler that bears a state stamp, the stamp of another state which has adopted equivalent boiler construction standards, an ASME stamp, a national board stamp, or other approved stamp acceptable to the department.

(24) "State boiler inspector" means a person employed by the department for the purpose of inspecting boilers.

(25) "State special boiler" means a boiler that is not a standard boiler, which must be granted a special operating certificate by the department prior to being operated.

(26) "Steam heating boiler" means a steam or vapor boiler operated at pressures not exceeding 15 psig.

(27) "Temporary boiler" means a boiler, such as a portable rental boiler, which is intended to be utilized at a temporary location and such usage permits it to be readily moved from one location to another.

(28) "Traction engine" means a historic model, historic power boiler, portable steam engine, donkey engine, steam car, steam boat, steam locomotive, historical vertical boiler, or steam tractor utilized primarily for exhibition purposes.

(29) "User" means any person, firm, corporation, state, county, municipality, or other entity operating any boiler within the state.

(30) "Water heater or water heating system" means a closed vessel or combination of appliances and/or apparatus, consisting of corrosion resistant elements, operating at pressures not exceeding 150 psig and/or temperatures not exceeding 210 degrees F., which supplies potable hot water as regulated by the state plumbing code.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-103, 50-60-201, 50-60-203, 50-74-101, 50-74-209, 50-74-215, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1997 MAR p. 2061, Eff. 11/18/97; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2013 MAR p. 52, Eff. 1/18/13.

Mont. Admin. R. 24.301.712 Purchaser of Boiler to Notify the Department

(1) Section 50-74-105 , MCA, requires any person purchasing a boiler, not exempt from the rules of this subchapter, to give notification to the department, within 10 days of purchase, as to the boiler's intended location and the timetable for installation.

(2) Notification to the department of the boiler purchase shall be in writing or via telephone call.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-105, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301.

Mont. Admin. R. 24.301.713 Operating Certificate

(1) Boilers shall not be placed into operation, prior to the issuance of an operating certificate by the department, as required by 50-74-206, MCA, unless otherwise exempted by the rules of this subchapter or permission to operate the boiler on a temporary basis is obtained from the department.

(2) Operating certificates for boilers inspected by the department will be issued following the boiler inspection(s), proper notification to the department of corrections of all deficiencies found during inspection, submission of the boiler inspection report/invoice and payment of the fee(s) imposed by 50-74-318, MCA.

(3) Operating certificates for boilers inspected by insurance companies may be issued following submission of boiler inspection reports, approved by the insurance company's special boiler inspector, to the department and payment of the operating certificate fee, by the owner or user, as required by 50-74-318, MCA. Owners and/or users will receive notification for payment of the operating certificate fee from the department.

(4) Operating certificates are valid for 12 months from the date of issuance, unless the expiration date is extended by the department, pursuant to the longer inspection intervals authorized by 50-74-209, MCA.

(5) Operating certificates issued for a boiler inspected by a special boiler inspector, shall be valid only if the boiler continues to be insured by an authorized insurance company or until the expiration date.

(6) When an accident occurs which renders a boiler inoperative, the owner or user shall notify the department as soon as it is practical.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-206, 50-74-208, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.714 Fees

(1) Prior to the department issuing an operating certificate for a boiler, the applicant shall make payment to the department the applicable fee(s) as required by 50-74-318, MCA. The fees established are as follows:

(a) operating certificate $36

(b) internal inspection 80

(i) hot water heating and supply 40

(ii) steam heating 55

(iii) power boiler 75

(d) special inspection 50 per hour plus expenses

(2) The owner and/or user of a boiler, inspected by a special boiler inspector and insured by an insurance company, shall, within ten days of receipt of notification from the department, remit the operating certificate fee, as outlined in (1)(a), to obtain a boiler operating certificate from the department.

(3) The operating certificate fee is required for each boiler inspected.

(4) Refunds or credit for fees remitted in error or based on false or incorrect information will be at the discretion of the department.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-318, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1997 MAR p. 1179, Eff. 7/8/97; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2016 MAR p. 316, Eff. 2/20/16; AMD, 2021 MAR p. 1552, Eff. 11/6/21; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.715 Boilers Exempted

(1) The rules in this subchapter do not apply to:

(a) boilers under federal control;

(b) steam heating boilers operated at not over 15 psig in private residences or apartments of six or less families or whenever a single boiler provides heat for six or less apartment (dwelling) units;

(c) hot water heating or supply boilers operated at not over 50 psig and temperatures not over 250 degrees F. when in private residences or apartments of six or less families or whenever a single boiler provides heat for six or less apartment (dwelling) units;

(d) unfired pressure vessels; or

(e) water heaters or water heating systems operating at pressures not exceeding 150 psig and/or temperatures not exceeding 210 degrees F. which are utilized to supply potable hot water as regulated by the state plumbing code. Maximum operating pressures and temperatures shall be determined by the listing(s) on the manufacturer's data plate. Examples of exempted water heaters and water heating systems include, but are not limited to, lined potable water heaters, hot water heaters of corrosion resistant elements utilized in conjunction with lined potable storage vessels, instantaneous type water heaters designed to deliver potable hot water without storage, water heating systems which utilize an approved heat exchanger to heat potable water and other similar systems.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-103, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1997 MAR p. 44, Eff. 1/17/97; AMD, 1997 MAR p. 2061, Eff. 11/18/97; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01.

Mont. Admin. R. 24.301.716 Special Boiler Inspector Certification and Identification Card

(1) Application for certification as a special boiler inspector shall be made to the department on forms provided by the department, as required by 50-74-202 , MCA.

(2) The applicant for special boiler inspector certification shall submit documentation with his/her application that indicates the applicant holds a current national board commission.

(3) Special boiler inspector certification and identification cards are issued for employment with a specific insurance company and are not valid when the special boiler inspector is no longer employed by said company.

(4) Insurance companies shall notify the department of changes in the employment status of its special boiler inspectors and shall furnish to the department, upon request, a roster of its inspectors.

(5) Upon the effective date of these rules, special boiler inspectors, presently employed by insurance companies to inspect boilers in this state and whose names appear on the insurance company's initial roster, submitted to the department, will receive the credentials from the department, as outlined in 50-74-202 , MCA, without application.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-202, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301.

Mont. Admin. R. 24.301.717 Insurance Company to Provide Written Notification to the Department of Change in Boiler Status

(1) To meet the requirements of 50-74-202 , MCA, insurance companies shall notify the department, in writing, of any change in the status of the boilers it insures, including but not limited to, the following:

(a) new boiler insured;

(b) boiler with insurance canceled;

(d) boiler with insurance suspended; or

(e) boiler refused for insurance.

(2) The written notification of boiler status, referenced in (1), shall be filed with the department within 30 days of the change in boiler status and shall include all applicable boiler information (boiler identification number or stamp, owner, location, operating certificate number, etc.).

(3) If a special boiler inspector, upon inspection of a boiler, finds that the boiler or any of its parts are of such condition that the inspector's company refuses or suspends insurance, the company shall immediately notify the department.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-202, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2007 MAR p. 112, Eff. 1/26/07.

Mont. Admin. R. 24.301.718 Boiler Inspections

(1) The requirements imposed by 50-74-206 and 50-74-209, MCA, regarding the requirements for boiler inspections, shall be as follows:

(a) All boilers not exempted from the rules of this subchapter are to be inspected prior to being placed into operation, unless authorization is obtained from the department to operate the boiler on a temporary basis.

(b) Upon notification to the department, in writing or via telephone, new boilers may be placed into operation prior to inspection, when scheduled for inspection within 90 days after being placed into operation.

(c) A bank of boilers is a row of similar or matched boilers connected to common header piping. Total input of a bank of boilers is the aggregate input of the individual boilers comprising the bank.

(d) Agricultural class boilers, such as those operated during the harvest by mint and honey producers, will be considered for longer inspection intervals on a case-by-case basis.

(e) The department may accept boiler inspection reports from insurance companies, which employ special boiler inspectors, subject to the following:

(i) Boiler inspection reports shall be filed with the department within 30 days after inspection in a manner acceptable to the department. Such report shall indicate the boiler has met the requirements imposed by Title 50, chapter 74, MCA, and that the boiler has been approved or rejected for operation by a special boiler inspector employed by the insurance company that insures the boiler.

(ii) All boilers which are insured by an insurance company employing a special boiler inspector shall be inspected within 90 days of the inspection due date. When a special inspector fails to inspect and submit a report to the department within this grace period, the department shall complete the required inspection and charge a fee pursuant to ARM 24.301.714.

(iii) The department may inspect any boiler, which is also inspected by a special boiler inspector employed by an insurance company. Whenever the department inspection confirms that the insurance company inspection report is substantially and materially incomplete, invalid, or unacceptable, the department may assess the insurance company the fee for a special inspection as imposed by ARM 24.301.714.

(2) Power boilers must be inspected internally:

(a) on an annual basis; or

(b) during a scheduled maintenance shutdown, with prior approval from the department and the insurance company, if the boiler is inspected by a special boiler inspector employed by the insurance company.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-101, 50-74-206, 50-74-209, 50-74-215, 50-74-217, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2007 MAR p. 300, Eff. 1/26/07; AMD, 2013 MAR p. 52, Eff. 1/18/13.

Mont. Admin. R. 24.301.719 Assignment of State Identification Number

(1) At the time of the initial boiler inspection, the state boiler inspector will assign and apply to the boiler a state identification number as directed by the department.

(2) Each steel boiler will be stamped by the inspector, utilizing letters and figures not less than 5/16" in height and arranged as follows: MTB 00000.

(3) Each cast iron boiler will be marked with a permanent marker in two locations and arranged as follows: MTB 00000.

(4) State identification numbers applied to boilers shall be maintained so as to be legible. When a boiler's state identification number becomes indistinct, the department will require the original number to be reapplied.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-102, 50-74-206, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2013 MAR p. 52, Eff. 1/18/13.

Mont. Admin. R. 24.301.720 Minimum Construction Standards for Boilers

(1) All new boilers, unless otherwise exempt, to be operated in this state, shall be designed and constructed in accordance with the ASME code(s) adopted and incorporated in ARM 24.301.710.

(2) The department, at its discretion, may require documentation to verify new boilers are in compliance with the minimum construction standards imposed by the ASME code(s) . Documentation may include the manufacturer's data report, national board registration number, inspection reports or other documentation acceptable to the department.

(3) Boilers not designed or constructed in accordance with the ASME code(s) or boilers which do not have documentation for approval as a standard boiler may, at the discretion of the department, be considered for classification as a state special boiler and receive a special operating certificate.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-102, 50-74-206, 50-74-209, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301.

Mont. Admin. R. 24.301.721 Boiler Safety Appliances

(1) All boiler safety appliances shall be maintained in good working order or replaced with appliances which meet the standards and requirements imposed by the ASME code(s) .

(2) Repair of safety appliances shall be made in accordance with established standards and procedures. The department, at its discretion, may require documentation which verifies compliance with said standards and procedures. Documentation may include manufacturer's repair records, national board "VR" stamp certification, company repair records or other documentation acceptable to the department.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-102, 50-74-108, 50-74-217, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301.

Mont. Admin. R. 24.301.722 Boiler Repairs

(1) Boiler repairs shall be made in accordance with established standards, procedures and the ASME code(s) adopted and incorporated in ARM 24.301.710.

(2) The department, at its discretion, may require documentation which verifies repairs were completed in compliance with established standards, procedures and the ASME code(s) . Documentation may include welding certifications, weld records, certification by a design professional, national board "R" symbol stamp or other verifiable documentation acceptable to the department.

(3) Weld repairs to boilers shall not be initiated without authorization of the department or special boiler inspector if the boiler is insured by an authorized insurance company. Other repairs to boilers shall be reported to the department, by the party performing the work, within 30 days of completion of the work.

(4) Failure to report boiler repairs to the department, within 30 days of completion of the work, or to provide documentation as required in (2) above, may cause the department to deny issuance of the boiler operating certificate until such time as the imposed requirements are met.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-102, 50-74-207, 50-74-215, 50-74-218, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301.

Mont. Admin. R. 24.301.723 Boiler Alterations

(1) Alterations to boilers shall be made in accordance with the established standards, procedures and the ASME code(s) adopted and incorporated in ARM 24.301.710.

(2) Alterations to boilers shall not be initiated without authorization of the department or special boiler inspector if the boiler is insured by an authorized insurance company.

(3) The department, at its discretion, may require documentation which verifies the proposed alteration(s) will be completed in compliance with established standards, procedures and the ASME code(s). Documentation may include welding certifications, certification by a design professional, national board "R" symbol stamp or other verifiable documentation acceptable to the department.

(4) Failure to comply with the requirements contained in (1), (2), and (3), may cause the department to deny issuance of the boiler operating certificate until such time as the imposed requirements are met.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-102, 50-74-207, 50-74-215, 50-74-218, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2026 MAR, Notice No. 2026-95, Eff. 9/26/26.

Mont. Admin. R. 24.301.724 Traction Engines

(1) Traction engines shall not be placed into operation prior to the issuance of an operating certificate by the department, unless written permission is obtained from the department to operate the traction engine on a temporary basis.

(2) Every traction engine shall have a logbook, maintained by the owner or user, which indicates operational hours, repairs, defects, adverse operating conditions, or other information related to the boiler.

(3) At least 30 days prior to a public gathering or show of traction engines, the show promoter, manager, fair board, or other responsible party shall report to the department all traction engines that are intended to be operated in the show.

(4) The department adopts and incorporates by reference the following sections of the National Board of Boiler and Pressure Vessel Inspectors, National Board Inspection Code (NBIC), 2007 edition for all traction engines: Part II, Section 6, Supplement 1 and Supplement 2. A copy of the NBIC may be obtained from the National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, OH 43229-1183.

History

Authorizing statute(s): 50-60-203, 50-74-101, MCA
Implementing statute(s): 50-60-203, 50-74-101, 50-74-104, MCA
History: NEW, 1996 MAR p. 420, Eff. 2/9/96; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2013 MAR p. 52, Eff. 1/18/13.

Subchapter 24.301.8 Swimming Pool Licensure

Mont. Admin. R. 24.301.801 Adoption by Reference of Arm 37.111.1115--Review of Plans

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-53-103, 50-60-104, MCA
History: NEW, 1997 MAR p. 44, Eff. 1/17/97; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2006 MAR p. 567, Eff. 2/24/06; REP, 2016 MAR p. 19, Eff. 1/9/16.

Subchapter 24.301.9 Building Accessibility Rules

Mont. Admin. R. 24.301.901 Scope of Rules

(1) The access requirements established in the currently adopted edition of the state building code and the joint international code committee/American national standards institute (ICC/ANSI) standard, ICC/ANSI A117.1, are utilized as the basis for establishing the accessibility requirements and guidelines in this sub-chapter.

(2) This subchapter is promulgated in order to provide rules and guidelines, as required by 50-60-203 , MCA, to ensure that newly constructed public buildings and certain altered public buildings are readily accessible and usable by persons with disabilities, according to the principles applicable to accessibility in the state building code.

(3) The term "public building" as used in this rule means a building or facility owned or operated by a government entity or a private sector building or facility that is open to members of the public, as established in 50-60-101 , MCA.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-201, MCA
History: NEW, 1997 MAR p. 2061, Eff. 11/18/97; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2004 MAR p. 571, Eff. 3/12/04.

Mont. Admin. R. 24.301.902 Disclaimer

(1) A building permit or certificate of occupancy issued by the state or a municipality or county must contain a statement that reads: "Compliance with the requirements of the state building code for physical accessibility to persons with disabilities does not necessarily guarantee compliance with the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Fair Housing Amendments Act of 1988, Title 49, chapter 2, commonly known as the Montana Human Rights Act or other similar federal, state or local laws that mandate accessibility to commercial construction or multifamily housing."

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-201, MCA
History: NEW, 1997 MAR p. 2061, Eff. 11/18/97; TRANS, from Commerce, 2001 MAR p. 2301.

Mont. Admin. R. 24.301.903 Building Accessibility

(1) Section 1109, Special Occupancies, IBC, is amended to clarify that not every restroom installed in a building or structure is required to be accessible as long as the required facilities are accessible and reasonably available from all areas of the primary function areas of the building. Primary function area means an area of a building or facility in which a major activity for which the building or facility is designed is carried out.

(a) Subsection 1110.1, General, is amended by adding the following: "When buildings or portions of buildings are required to be accessible, required building facilities shall be accessible as provided in this section. A person or entity may not be required to meet fully the accessibility requirements for buildings, in those rare circumstances where the person or entity can demonstrate that it is structurally impracticable, due to unique characteristics of terrain and/or not practicable in relation to the proposed usage of the building, as determined on a case-by-case basis, at the discretion of the building official."

(b) Subsection 1110.2, Toilet and Bathing Facilities, is amended to read as follows: "Required toilet rooms and bathing facilities shall be accessible. Where a floor level is not required to be connected by an accessible route, the only toilet rooms or bathing facilities provided within the facility shall not be located on the inaccessible floor. At least one of each type of fixture, element, control, or dispenser in each accessible toilet room and bathing facility shall be accessible."

(i) A person or entity may not be required to meet fully the accessibility requirements for required toilet facilities, where the person or entity can demonstrate that it is structurally impracticable, due to unique characteristics of terrain and/or not practicable in relation to the proposed usage of the building, as determined on a case-by-case basis, at the discretion of the building official.

(c) The following examples are not intended to be inclusive of the provisions established in (a) and (b) above, but are provided to help clarify which facilities and plumbing fixtures are required to be accessible:

(i) In occupancies which include an office and a shop area, that requires one accessible restroom for employees, and the owner chooses to install an additional restroom, only one restroom is required to be accessible.

(ii) In occupancies which provide one accessible restroom and a shower is installed that is not a required fixture, the shower is not required to be accessible, even if it is located in the accessible restroom.

(d) In the new construction of establishments which serve food or beverages to be consumed on premises, on a case-by-case basis, the building official shall have the discretion to approve the installation of one unisex accessible restroom which includes a urinal, in lieu of one male and one female accessible restroom, when it can be demonstrated that due to an occupant load which will not exceed 20 seated persons, it would not be reasonable to require two separate accessible restrooms. The International Building Code shall be used to determine occupant load.

(e) In existing establishments, including those which serve food or beverages to be consumed on premises, on a case-by-case basis, the building official shall have the discretion to approve the addition of one unisex accessible restroom or to allow the alteration of the two existing restrooms to make one restroom single occupant unisex accessible and the other restroom single occupant unisex, when it can be demonstrated that it would be impractical to alter the existing facilities to include two separate accessible restrooms, one male and one female. In establishments which serve food or beverages to be consumed on premises, which provide two single occupant unisex restrooms, the unisex accessible restroom shall have a urinal.

(f) Business or commercial occupancies which are open to the public and located in portions of a private residence are required to be accessible even if those portions used for the business or commercial purposes are also used for residential purposes. The accessibility requirements extend to and include an accessible route from the sidewalk, through the doorway, through the hallway and other portions of the home, such as restrooms, used by clients and customers of the business or commercial occupancy.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-201, 50-60-214, MCA
History: NEW, 1997 MAR p. 2061, Eff. 11/18/97; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2024 MAR p. 2224, Eff. 9/21/24.

Mont. Admin. R. 24.301.904 Site Accessibility

(1) Section 50-60-213, MCA, requires that construction of a public building or alteration of primary function areas of a public building, which have not been issued a legal building permit prior to October 1, 1997, include compliance with the requirements of the IBC and the requirements established by 2017 ICC/ANSI A117.1, Accessible and Usable Buildings and Facilities, which include the building site, parking areas, passenger loading zones, private sidewalks and the accessibility from adjacent sidewalks, public streets and public transportation stops. Existing public buildings that are not undergoing an alteration to a primary function area are not subject to the accessibility requirements. Primary function area means an area of building or facility in which a major activity for which the building or facility is designed is carried out.

(2) An accessible exterior route must be provided to the building's accessible entrance from public transportation stops, accessible parking spaces and accessible passenger loading zones within the boundaries of the building site and from public sidewalks, if they exist, that are immediately adjacent to the building site. When more than one public building is on a building site, at least one accessible exterior route must connect all accessible buildings, facilities and elements on the site. An accessible exterior route must be the most direct route from the accessible public parking to the accessible public entrance. An accessible route is not required in cases when there is not a pedestrian route for the general public.

(3) Sections 1104, Accessible Route, and 1106, Parking and Passenger Loading Facilities, of the IBC are each amended by addition of the following: "A person or entity may not be required to meet fully the accessible exterior route requirements for new buildings or alterations to existing buildings, where the person or entity can demonstrate that due to unique characteristics of the terrain, it is structurally impractical to fully comply, as determined on a case-by-case basis, at the discretion of the building official. Full compliance may be considered structurally impractical only in those rare circumstances when the unique characteristics of the terrain prevent the incorporation of accessibility features. The person or entity shall comply with the accessible facilities requirements to the extent that compliance is not structurally impractical."

(4) An alteration which affects the access to a primary function area of a building must be made accessible to the fullest extent possible to ensure that the path of travel to the altered primary function area and the restrooms, telephones and drinking fountains serving the altered primary function area are readily accessible and useable by persons with disabilities.

(5) During an alteration to a primary function area of a building or structure, a person or entity is not required to make alterations to the accessible path of travel if the costs are disproportionate to the cost of the alterations to the primary function area. Disproportionate costs are considered to be an amount that exceeds 20 percent of the cost of the alteration being performed to the primary function area. If the cost of altering a path of travel is disproportionate as referenced above, the path of travel must be made accessible to the extent possible without incurring disproportionate costs, utilizing the order of priority established in 50-60-214(2)(b), MCA.

(6) Each new building or alteration to an existing building which provides off street parking shall provide at least one accessible parking space with required additional parking spaces as established in Table 1106.2, Accessible Parking Spaces, and Section 1106, Parking and Passenger Loading Facilities. One van accessible parking space shall be provided for every eight accessible parking spaces, or fraction thereof. If only one accessible parking space is required, the space shall be a van accessible parking space.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-201, 50-60-213, MCA
History: NEW, 1997 MAR p. 2061, Eff. 11/18/97; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.905 Guidelines for Compliance with Requirements for Exterior Accessible Route and Parking Space

(1) The following guidelines for providing an accessible exterior route and parking spaces are not inclusive of all means for achieving compliance but may be utilized to meet the established requirements:

(a) Width of route: 36 inches minimum.

(b) Length of route: The most direct route to the accessible building entrance with passing spaces of 60 inches x 60 inches provided at intervals not to exceed 200 feet for routes with a clear width of less than 60 inches.

(c) Slope of route: The cross slope of a route (perpendicular to the direction of travel) shall not exceed 1:50 (1 vertical to 50 horizontal) . The maximum running slope (in the direction of travel) of a route may not exceed 1:20 (1 vertical to 20 horizontal) with portions of the route with running slopes steeper than 1:20 (1 vertical to 20 horizontal) considered ramps. If the terrain precludes development of accessible routes with running slopes of 1:8 (1 vertical to 8 horizontal) , it may be infeasible to develop accessible routes.

(d) Surface material: Surface texture of a route shall be stable, firm and slip-resistant, with all surface coverings securely attached. If carpet is used on the route it must have a firm cushion if a cushion is provided, and a maximum pile thickness of 1/2 inch. Other acceptable surface materials may include concrete, asphalt, wood and 3/8 inch minus crushed aggregate, with an acceptable bonding agent, compacted to a field density of 95% maximum dry density, which can be shown to be sufficiently durable to allow for snow removal and other maintenance activities without affecting surface stability, firmness or slip-resistance. The building official may approve alternate surface materials for accessible routes which will provide compliance with the requirements for surface texture.

(e) Vehicle parking space size per vehicle: 108 inches minimum wide by 216 inches long and shall include 60 inches minimum access aisle. A van accessible parking space shall have a minimum of 96 inches access aisle width. Two accessible parking spaces may share a common access aisle.

(f) Vehicle parking space and access aisle slope: To be level with surface slopes not exceeding 1:50 (1 vertical to 50 horizontal) in all directions.

(g) Signage requirements: Parking spaces shall be designated as reserved by a post or wall mounted sign showing the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parked in the space and the sign shall be preferably located immediately adjacent to the designated space but no more than 10 feet from the designated space. The sign shall also indicate that a permit is required and state the penalty for a violation as established in 49-4-302 and 49-4-307 , MCA.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-201, MCA
History: NEW, 1997 MAR p. 2061, Eff. 11/18/97; TRANS, from Commerce, 2001 MAR p. 2301.

Subchapter 24.301.10 Underground Facility Protection Program

Mont. Admin. R. 24.301.1001 Definitions

For the purposes of this chapter, the following definitions apply:

(1) "Call center" means a notification center, as defined in 60-4-501, MCA, that serves a designated geographical region of Montana for purposes of allowing excavators to obtain the location of underground facilities in the location where an excavation is proposed to occur. A call center is also known as a "call before you dig" center, or an "811" center.

History

Authorizing statute(s): 69-4-522, MCA
Implementing statute(s): 69-4-501, 69-4-520, MCA
History: NEW, 2018 MAR p. 1827, Eff. 9/8/18; AMD, 2024 MAR p. 2013, Eff. 8/10/24.

Mont. Admin. R. 24.301.1002 Collection of Incident Reports

(1) A call center must submit an incident report to the department within 30 days of learning of an incident.

(2) The department shall accept incident reports submitted by a call center:

(a) on a department-approved reporting form:

(i) via U.S. Mail to Underground Facility Protection Program, P.O. Box 200517, Helena, MT 59620-0517; or

(ii) via fax to (406) 841-2050; or

(b) electronically:

(i) via e-mail to buildingcodes@mt.gov; or

(ii) via the internet to the department's web site at http:\\ebiz.mt.gov.

History

Authorizing statute(s): 69-4-522, MCA
Implementing statute(s): 69-4-522, 69-4-529, MCA
History: NEW, 2018 MAR p. 1827, Eff. 9/8/18.

Mont. Admin. R. 24.301.1003 Assessment and Collection of Civil Penalties

(1) The department shall contact each call center serving Montana to determine when the last 100 locate requests were made, or the number of locate requests made in the past 12 months. Each call center shall provide the requested information within seven days of the department's request.

(2) To timely issue civil penalties as required by 69-4-524 and 69-4-525, MCA, if a call center does not respond within ten days of a request, the department may issue a civil penalty based solely on the number of locate requests identified by the call center that takes locate requests for the area in which the incident occurred. For good cause shown, a party to whom a civil penalty has been issued pursuant to this section may seek a recalculation of the penalty based on information received from all call centers.

History

Authorizing statute(s): 69-4-522, MCA
Implementing statute(s): 69-4-522, 69-4-524, 69-4-525, 69-4-529, 69-4-530, MCA
History: NEW, 2018 MAR p. 1827, Eff. 9/8/18; AMD, 2020 MAR p. 1840, Eff. 10/10/20; AMD, 2024 MAR p. 2013, Eff. 8/10/24.

Mont. Admin. R. 24.301.1006 Collection of Fines (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 69-4-522, MCA
Implementing statute(s): 69-4-522, 69-4-529, 69-4-530, MCA
History: NEW, 2018 MAR p. 1827, Eff. 9/8/18; REP, 2024 MAR p. 2013, Eff. 8/10/24.

Mont. Admin. R. 24.301.1007 Collection of Annual Fees

(1) To collect annual fees from underground facility owners, the department may, by contract or other agreement, have the call centers perform the annual billing.

(2) Any call center from which an underground facility owner has received locate requests may bill the underground facility owner.

(3) Underground facility owners shall pay the annual fees within 30 days of the date of the bill.

(4) The department, in its sole discretion, may allow an underground facility owner billed an annual fee of less than $50 to defer payment of the fee until the following year. During the deferral period, the department will not refer an underground facility owner having a deferred annual fee to collection. The department will not defer payment of annual fees more than once every two years for an underground facility owner.

(5) The amount of the annual fee to be paid by an underground facility owner is $0.08 per outgoing locate request made by each call center.

History

Authorizing statute(s): 69-4-522, MCA
Implementing statute(s): 69-4-522, 69-4-530, MCA
History: NEW, 2018 MAR p. 1827, Eff. 9/8/18; AMD, 2020 MAR p. 1840, Eff. 10/10/20; AMD, 2024 MAR p. 2013, Eff. 8/10/24.

Mont. Admin. R. 24.301.1009 Disputes Regarding Penalties and Fines – Mediation

(1) A party that timely disputes a civil penalty may, after first satisfying the mediation requirements of this rule, request a contested case with the department. The contested case must be held in accordance with the Montana Administrative Procedure Act and conducted by the department's Office of Administrative Hearings.

(2) The advisory council shall act as the mediator of disputed civil penalties and shall attempt to bring the parties to mutually acceptable resolution of the dispute.

(3) Mediation is a private, mandatory, informal, and nonbinding proceeding. Statements made during the mediation process, and the recommendations of the mediator, are not admissible in any other proceeding, and may not be offered in evidence in any other proceeding.

(4) The department shall promptly notify the advisory council of disputes arising under 69-4-524 or 69-4-525, MCA. The mediation must be conducted within 45 days of council notification.

(5) Mediation may be conducted by a majority of the advisory council, or the council chair may delegate the duty to a subset of the council.

(6) Mediation is conducted by telephone, unless the parties and the mediator agree to in-person mediation, and the parties waive the 45-day requirement.

(7) The department shall issue a written report of the council's recommendation to the parties within 15 days of the mediation.

(8) If the parties agree to a resolution of their dispute during mediation or within 20 days after the report is sent to the parties, the department shall notify the advisory council that the matter has been resolved.

(9) If the party disputing the civil penalty does not agree to resolve the matter, the party must request a contested case with the department within 20 days of the issuance of the mediation report.

(10) An underground facility owner that received a fine may contest the fine by requesting a contested case hearing with the department within 20 days of the fine being levied.

(11) Failure of a party to timely request a contested case with the department acts as waiver of the right to a contested case.

(12) Mediation conducted under this rule may be guided by, but is not bound by, the mediation procedures and rules applicable to workers' compensation matters, pursuant to Title 39, chapter 71, part 24, MCA, and ARM Title 24, chapter 28.

History

Authorizing statute(s): 69-4-522, MCA
Implementing statute(s): 69-4-522, 69-4-526, 69-4-529, MCA
History: NEW, 2018 MAR p. 1827, Eff. 9/8/18; AMD, 2020 MAR p. 1840, Eff. 10/10/20.

Mont. Admin. R. 24.301.1011 Training and Educational Grants

(1) A call center that has received locate requests during the prior calendar year may apply for a training and educational grant.

(2) A grant application must be in writing, and:

(a) must address the following topics:

(i) the name of applicant;

(ii) the number of locate requests received by the applicant in the prior calendar year;

(iii) a description of each specific educational or training program that the applicant proposes to conduct;

(iv) the estimated cost or budget for each program identified in (iii); and

(v) a description of the audience each proposed program plans to target; and

(b) may provide such other information relevant to the applicant's existing or proposed programs, and should include an explanation of how the proposed programs will promote public safety with regards to underground facilities.

(3) Each call center in the state may submit one grant application per calendar year due on December 31. The department, in consultation with the advisory council, will review the applications and award one grant by March 31 for the previous calendar year application period.

(4) The amount of the grant will be the total amount of civil penalties and fines collected in the previous fiscal year.

(5) Grants will be awarded to call centers on an equitable basis, based upon the number of locate requests made in the prior year to all applicants. The equitable allocation may be affected by projected changes in the expected number of locate requests likely to occur during the next year.

(6) If no grant applications are received in a given year, the grant funds will roll over into the following year's grant amount.

(7) The department shall consult with the advisory council in determining how to distribute available grant funding. In making the grant distribution, the department will consider:

(a) whether the applicant has timely made reports as required by ARM 24.301.1012;

(b) the apparent effectiveness of the applicant's previous and existing educational and training programs, as judged by the frequency of incidents reported by the call center versus the number of locate requests made;

(c) whether the proposed programs integrate or coordinate with similar programs operated or proposed by other applicants;

(d) any trends or patterns of excavation activity that tend to show the need for a geographically targeted program to reach excavators and the public; and

(e) any other factors that the call center deems relevant to the grant application.

History

Authorizing statute(s): 69-4-522, MCA
Implementing statute(s): 69-4-522, 69-4-528, MCA
History: NEW, 2018 MAR p. 1827, Eff. 9/8/18; AMD, 2020 MAR p. 1840, Eff. 10/10/20.

Mont. Admin. R. 24.301.1012 Reports by Grant Recipients

(1) The department will provide each grant recipient a report form, which may be electronic, upon which the grant recipient shall report:

(a) the amount of the actual expenditures of the grant funds;

(b) the details of what expenditures were made, such as the number of signs printed, the number of public service announcements produced, or the type and number of advertisements purchased; and

(2) The grant recipient is encouraged, but not required, to provide information to the department regarding:

(a) any problems encountered in conducting the grant-funded program;

(b) any recommendations on how to improve the grant-making process or programs implemented under a grant;

(d) any suggestions as how to improve or better provide public information regarding underground facilities.

(3) The report must be sent to the department within 12 months of the date the grant was awarded.

History

Authorizing statute(s): 69-4-522, MCA
Implementing statute(s): 69-4-522, 69-4-528, MCA
History: NEW, 2018 MAR p. 1827, Eff. 9/8/18.

Subchapter 24.301.12 Requirements for Recreational Vehicles and Factory-Built Buildings

Mont. Admin. R. 24.301.1201 Applicability of State Statutes and Adopted Administrative Rules

(1) These rules and standards are based on the provisions of Title 50, chapter 60, MCA, to carry out the statutory provisions relating to the manufacture and sale of factory-built buildings and components thereof.

(2) Factory-built buildings shall meet the requirements of the following nationally recognized construction standards:

(a) the International Building Code as adopted and amended by ARM 24.301.131 or, as applicable, the International Residential Code as adopted and amended by ARM 24.301.154;

(b) the National Electrical Code as adopted and amended by ARM 24.301.401;

(d) the Uniform Plumbing Code as adopted and amended by ARM 24.301.301;

(e) the International Energy Conservation Code as adopted and amended by ARM 24.301.161;

(f) the International Wildland-Urban Interface Code as adopted and amended by ARM 24.301.181;

(g) the International Code Council and Modular Building Institute 1200 Standard for Off-Site Construction: Planning, Design, Fabrication and Assembly as adopted and amended by ARM 24.301.1203; and

(h) the International Code Council and Modular Building Institute 1205 Standard for Off-Site Construction: Inspection and Regulatory Compliance as adopted and amended by ARM 24.301.1203.

(3) The requirement listed in 50-60-402, MCA, for new factory-built buildings applies to all new units, whether offered for sale, lease or rent, which are first utilized in the state of Montana, regardless of the unit's point of origin or route of delivery. A person cannot arrange to accept delivery of a new unit at an out-of-state location to avoid the need for a state of Montana insignia of approval on the unit.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-201, 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1989 MAR p. 476, Eff. 4/28/89; AMD, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1997 MAR p. 2061, Eff. 11/18/97; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2016 MAR p. 887, Eff. 5/21/16; AMD and TRANS, from 24.301.501, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1203 Incorporation by Reference of International Code Council and Modular Building Institute Standards

(1) The department adopts and incorporates by reference the International Code Council and Modular Building Institute 1200 Standard for Off-site Construction: Planning, Design, Fabrication and Assembly, 2021 edition (ICC/MBI 1200 Standard).

(2) The department adopts and incorporates by reference the International Code Council and Modular Building Institute 1205 Standard for Off-site Construction: Inspection and Regulatory Compliance, 2021 edition, (ICC/MBI 1205 Standard).

(3) A copy of the off-site standards may be obtained from the International Code Council at www.ICCsafe.org.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-201, 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1205 Definitions

(1) "Bureau" means the Building and Commercial Measurements Bureau of the Department of Labor and Industry.

(2) "Factory-built building" has the meaning provided in 50-60-101, MCA, and includes "Industrialized Building" and "Industrialized Housing" as defined in chapter two of the ICC/MBI 1205 Standard.

(3) "Manufactured home" has the meaning provided in the state's property tax code, 15-24-201, MCA.

(4) "Mobile home" has the meaning provided in the state's property tax code, 15-24-201, MCA.

(5) "Prohibited sales notice" means a printed notification issued by the bureau that the unit may not be offered for sale because of violations of these rules.

(6) "Unit" has the same meaning as "module" as defined in chapter two of the ICC/MBI 1200 Standard and the ICC/MBI 1205 Standard.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1997 MAR p. 2061, Eff. 11/18/97; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2016 MAR p. 887, Eff. 5/21/16; AMD, 2019 MAR p. 2242, Eff. 12/7/19; AMD and TRANS, from 24.301.511, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1207 Use of Mobile Homes and Recreational Vehicles for Commercial or Business Occupancy Prohibited--Exception

(1) Mobile homes and recreational vehicles are designed only to meet building code requirements applicable to mobile homes used as residences and recreational vehicles used as temporary residences.

(2) These units do not meet code requirements for commercial or business occupancy and are therefore prohibited for these types of uses. Except as provided in (4), manufactured homes, mobile homes, and recreational vehicles shall not be utilized for any occupancy other than as a single-family dwelling, whether for transient stay or longer periods. "Transient stay" means a guest staying at one location for 30 days or less.

(3) Units used in one location for not more than 14 days in conjunction with a circus, fair, or other similar use would not fall into this category.

(4) Units used as temporary offices by manufactured or mobile home retailers, on the premises (lot) where the units are sold, would not fall into this category provided the unit utilized as an office:

(a) is not used for a period exceeding five years;

(b) is offered for sale;

(d) is not altered to accommodate office space;

(e) meets the exiting sign requirements imposed by the International Building Code; and

(f) is provided with a handicap accessible entrance pursuant to the requirements imposed by the International Building Code.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, 1981 MAR p. 514, Eff. 5/29/81; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1996 MAR p. 420, Eff. 2/9/96; AMD, 1997 MAR p. 2061, Eff. 11/18/97; AMD, 1999 MAR p. 1885, Eff. 10/1/99; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2016 MAR p. 887, Eff. 5/21/16; AMD and TRANS, from 24.301.513, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1211 Bureau Inspectors

(1) All bureau inspectors, meaning those employed or contracted by the bureau, shall have a working knowledge of the specified editions of the adopted model codes and shall not be under the control of any listing agency, testing agency, third-party inspection agency, retailer, or manufacturer.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1997 MAR p. 2061, Eff. 11/18/97; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD and TRANS, from 24.301.515, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1213 Approval of Third-Party Inspection Agency

(1) Third-party inspection agencies shall meet the requirements of Section 401 of the ICC/MBI 1205 Standard as adopted by the department.

(2) Third-party inspection agencies shall apply on an application form supplied by the department and include the third-party inspection agency fee required by ARM 24.301.1261.

(3) Once approved by the department, the third-party inspection agency will be listed as an approved third-party agency in the state of Montana.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-201, 50-60-401, 50-60-403, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1215 Inspection of Retailer

(1) Bureau inspectors are authorized to enter any premises in Montana where units are sold or offered for sale with or without prior announcement. The bureau inspector may make visual inspections as necessary to determine whether units are being sold or offered for sale with the required insignia of approval.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1217 Manufacturer Registration

(1) Each manufacturer shall obtain approval from the department and be subject to Section 601 of the ICC/MBI 1205 Standard as adopted by the department.

(2) Manufacturers applying for model plan review per [NEW RULE V (24.301.1221), once approved, will be listed as an approved manufacturer in the state of Montana.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1221 Application for Model Plan Review

(1) Any manufacturer of modular buildings or modular building components shall apply to the bureau for plan review of a model or model group before construction.

(2) The application for model plan review shall include the following:

(a) the applicable plan, quality assurance manual, and system inspection fees required by ARM 24.301.1261;

(b) the quality assurance manual as defined in ARM 24.301.1223;

(d) all applicable plan approval items provided for in chapter 3 of the ICC/MBI 1205 Standard; and

(e) the first page of the construction document shall include the wind load (Vult), construction type, seismic design category, and ground snow load.

(3) If the permanent site location of the building is unknown (nonsite-specific), the building must meet the following structural design loads:

(a) Wind load of 115 MPH.

(b) Seismic design category of D.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1223 In-Plant Quality Assurance Manual

(1) The manufacturer shall submit a quality assurance manual outlining a program of quality assurance prior to or with the manufacturer's first request for plan review, including the quality assurance manual review fee required by ARM 24.301.1261.

(2) The quality assurance manual must include all applicable items as listed in chapter 5 of the ICC/MBI 1205 Standard and be reviewed and approved by the bureau prior to the approval of plan review.

(3) When the quality assurance manual is revised, one copy of the revised manual shall be submitted to the bureau for review, and the manufacturer shall include the quality assurance manual review fee required by ARM 24.301.1261.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1225 Nonconforming Application and Plans

(1) If the submitted applications or plans do not conform with these rules, the bureau shall send the applicant a written plan correction notice within 30 business days of the bureau's receipt of the application or plans. The plan correction notice shall contain the specific corrections required for approval of the application or plans.

(2) An applicant shall have 60 days from the date of service of the bureau's plan correction notice to submit corrections to the bureau.

(3) Corrected plans received more than 60 days after the date of service of the bureau's plan correction notice shall be processed as a new application and shall include the fees for a new application required by ARM 24.301.1261.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1227 Changes to Reviewed Plans

(1) Where the manufacturer proposes changes in the construction, plumbing, mechanical, or electrical equipment or installations, or where these rules are amended to necessitate such change, an application for revision and one set of supplemental detailed plans and specifications of such changes shall be submitted to the bureau for plan review and comparison. Plans shall include the plan resubmission or revision fee(s) required by ARM 24.301.1261.

(a) When the supplemental details do not constitute a new model, the supplemental details will be filed with and become part of the existing plan review.

(b) Where the supplemental details constitute a model change, application for plan review will be required as for a new model.

(2) A model designation may be changed or added by filing an amended application and including plan and system review fee(s) required by ARM 24.301.1261.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1231 Plan Renewal

(1) Except as established in ARM 24.301.1233 for original plan approvals, the manufacturer shall apply for plan renewal for the following year prior to the December 31 expiration date of each year shown on the permit. At the time of renewal, plans which have not been changed do not require the submission of plans.

(2) If any changes have been made to the plans, the plans cannot be renewed; a new application and updated plans must be submitted to the bureau, including the applicable fees required by ARM 24.301.1261.

(3) If the department adopts new versions of codes applicable to the plans, then renewal of existing plans reviewed under the previous codes are not allowed, and the manufacturer must send a new application and fees for plan review and approval of the model demonstrating compliance with the new codes.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1233 Plan Review Revocation

(1) A plan review issued by the bureau shall remain in effect through December 31 of the year following the original year of approval and through December 31 of each subsequent year of renewal as established in ARM 24.301.1231 or until withdrawn or revised by the manufacturer or until revoked by the bureau.

(2) A plan review will be revoked by the bureau upon:

(a) the department's adoption of a different version of codes applicable to that review;

(b) a finding that a manufacturer is not complying with the plan as reviewed; or

(c) a finding that a manufacturer has used materials not listed and reviewed by a listing agency, or reviewed as an alternate or equivalent by the bureau.

(3) Manufacturers will be allowed 90 days from the effective date of a new code to purchase insignias of approval for models approved under previous codes.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1998 MAR p. 164, Eff. 11/18/97; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2016 MAR p. 887, Eff. 5/21/16; AMD and TRANS, from 24.301.542, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1235 Reciprocity

(1) Any unit manufactured in a reciprocal state which has been reviewed as meeting the standards of that state shall be deemed to meet the standards of the state of Montana. Reciprocal status shall be granted to other states at the discretion of the bureau. In addition to the insignia of the reciprocal state, a Montana insignia of approval is necessary on all units manufactured or offered for sale within the state of Montana.

(2) The bureau chief shall have the authority to enter into reciprocal agreements with other states.

(3) Reciprocal status for factory-built buildings may be granted to HUD-approved Category III states.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-403, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1994 MAR p. 299, Eff. 2/11/94; AMD, 1997 MAR p. 2061, Eff. 11/18/97; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2016 MAR p. 887, Eff. 5/21/16; AMD and TRANS, from 24.301.523, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1237 Transmission of Review Materials to Reciprocal State

(1) Plan review, panelized system reviews, and/or quality assurance manual reviews may be transmitted to a reciprocal state for approval in the following manner:

(a) A manufacturer shall make a written request to the bureau for transmittal of the plan reviews, panelized system reviews, and/or quality assurance manual reviews to a specific reciprocal state.

(b) The request shall designate the models and/or system review numbers to be transmitted.

(2) The reciprocal state shall follow that state's procedure for processing and approving the review materials, including notifying the manufacturer of approval or rejection of the review materials.

History

Authorizing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1241 Insignia of Approval – When Required

(1) All units manufactured or delivered prior to sale or sold or offered for sale in Montana shall bear an insignia of approval and if applicable the insignia of a reciprocal state or the certified third-party inspection agency. Each insignia of approval shall be assigned and affixed to a specific unit. Assigned insignia of approval are not transferable. The insignia of approval shall remain the property of the bureau and may be revoked or confiscated by the bureau in the event of violation of the conditions of approval.

(2) No person or persons may remove or cause to be removed an insignia of approval without prior authorization of the bureau.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, 50-60-403, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1243 Application for Insignia Pursuant to Plan Review

(1) The unit manufacturer shall apply for an insignia of approval for each individual unit manufactured. The application shall be submitted to the bureau on the proper bureau form, including the insignia fees as required by ARM 24.301.1263. The application shall include the approved model number and the serial number(s) for each individual unit the insignia(s) of approval will be applied to.

(2) The manufacturer producing the model shall receive the insignia of approval from the bureau and will be responsible for attaching the insignia of approval to each unit.

(3) An insignia of approval obtained pursuant to this rule shall be utilized within 12 months of the date of issuance. Any insignia of approval not utilized within 12 months of the date of issuance is deemed void. No refund or credit shall be issued for void insignia of approval.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-201, 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1245 Effect of Insignia of Approval

(1) All units bearing the insignia of approval or the insignia of a reciprocal state pursuant to the provisions of ARM 24.301.1241 through ARM 24.301.1249 shall be acceptable as meeting the requirements of Title 50, chapter 60, MCA, throughout the state of Montana without further inspection or fees except for zoning, utility connections, and foundation permits as required by the authority having jurisdiction.

(2) Any new unit delivered to the state of Montana, either to a sales lot or placed on location, that does not bear an insignia of approval pursuant to ARM 24.301.1241, is considered in violation of Title 50, chapter 60, MCA. The unit shall be treated as an existing building and required to meet all requirements of the authority having jurisdiction.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, 50-60-403, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1247 Lost, Damaged, or Void Insignia

(1) If an insignia of approval becomes lost, damaged, or void, the manufacturer shall notify the bureau, in writing, as soon as practicable.

(2) Upon notification from the manufacturer that an insignia of approval has been damaged or lost, the bureau shall send replacement insignia of approval to the manufacturer. Void insignia of approval will not be replaced; the manufacturer must apply for new insignia of approval for the unit.

(3) No duplicate insignia of approval shall be used. All damaged or void insignia must be returned to the bureau or destroyed. If a lost insignia is later found, it must be returned to the bureau or destroyed.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1249 Alteration or Revision of a Unit Bearing Insignia

(1) Any manufacturer or retailer proposing to alter or revise a unit bearing insignia of approval prior to or during the installation shall apply to the bureau. An application shall include:

(a) make and model of the unit;

(b) serial number;

(d) complete description of the work to be performed, together with plans and specifications when required;

(e) location of the unit where work is to be performed;

(f) alteration or revision fee as required by ARM 24.301.1261; and

(g) name and address of the manufacturer or retailer of the unit.

(2) Upon completion of the alteration or revision, the applicant shall request the bureau to perform an inspection, and include the applicable fees as required by ARM 24.301.1261.

(3) The following changes shall not be considered alterations or revisions:

(a) repairs with approved component parts;

(b) conversion of listed fuel burning appliances in accordance with the terms of their listing;

(d) replacement of equipment in kind.

(4) If alterations or revisions made do not meet the requirements of this rule, the bureau shall consider any insignia of approval and related review to be void.

History

Authorizing statute(s): 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-203, 50-60-401, 50-60-402, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1261 In-State Plan and System Review Fees for Factory-Built Buildings

(1) The following are the plan and system review fees to be charged by the department:

(a) Quality control manual review: $20

(b) Third-party inspection agency application review: $20

(i) structural review 325

(ii) plumbing review 35

(iii) electrical review 35

(iv) mechanical review 35

(d) Units with three or four parts:

(i) structural review 450

(ii) plumbing review 55

(iii) electrical review 55

(iv) mechanical review 55

(e) Units with five or more parts:

(i) structural review 650

(ii) plumbing review 75

(iii) electrical review 75

(iv) mechanical review 75

(f) Plan resubmission or revision:

(i) structural review 125

(ii) plumbing review 20

(iii) electrical review 20

(iv) mechanical review 20

(g) Plan supplement: $20 per unit

(h) Plan renewal: $100

(i) Any approved units that will be used during the next approved plan period must be renewed.

(ii) Units that are not renewed by the December 31 deadline shall expire, and a new application must be submitted to the bureau for review.

History

Authorizing statute(s): 50-60-104, 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-104, 50-60-203, 50-60-401, 50-60-403, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; AMD, 1978 MAR p. 278, Eff. 3/15/78; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1989 MAR p. 476, Eff. 4/28/89; AMD, 1994 MAR p. 299, Eff. 2/11/94; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2016 MAR p. 887, Eff. 5/21/16; AMD and TRANS, from 24.301.565, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1263 Insignia of Approval Fees

(1) The fee for an insignia of approval for a factory-built building is $40 per section. This fee covers the building construction, plumbing, electrical, and mechanical.

History

Authorizing statute(s): 50-60-104, 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-104, 50-60-203, 50-60-401, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1265 Miscellaneous Fees

(1) Field technical service fees are as follows:

(a) Forty-five dollars for services up to one hour in duration; and

(b) Twenty dollars for every additional 30 minutes, or fractional amount thereof, after the first hour of service.

(2) Out-of-state manufacturers may be subject to at least one on-site review per year. They shall pay the following on-site review fee which shall be the same as those to be paid by manufacturers who request inspections:

(a) total travel cost based on published air fare, or equivalent rate, between Helena, Montana, and the point of inspection, plus necessary supplemental surface transportation, reimbursement for food and lodging consistent with state of Montana out-of-state travel per diem and mileage rates under 2-18-501, MCA; and

(b) inspection fees of $45 per hour, not to exceed eight hours in any one day.

History

Authorizing statute(s): 50-60-104, 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-104, 50-60-203, 50-60-401, MCA
History: NEW, Eff. 3/1/75; AMD, Eff. 4/4/77; AMD, 1978 MAR p. 378, Eff. 3/25/78; TRANS, from Dept. of Admin., Ch. 352, L. 1985, Eff. 7/1/85; AMD, 1989 MAR p. 476, Eff. 4/28/89; AMD, 1994 MAR p. 299, Eff. 2/11/94; AMD, 1997 MAR p. 2061, Eff. 11/18/97; AMD, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, 2001 MAR p. 2301; AMD, 2016 MAR p. 887, Eff. 5/21/16; AMD and TRANS, from 24.301.567, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1271 Notice of Violations

(1) When an inspection reveals that a unit is in violation of any provisions of Title 50, chapter 60, MCA, or the applicable rules, the bureau shall send the manufacturer a written notice of violation. Upon service of the notice of violation, the bureau shall post a prohibited sales notice on the affected unit(s). The notice of violation shall contain the following:

(a) the specific statute, rule, or codes violated for each unit;

(b) the corrections required for approval;

(d) a deadline for informing the bureau of the completed corrections pursuant to (3)(a).

(2) A manufacturer who has received a notice of violations shall not move or cause to be moved unit(s) until the bureau is notified of its destination or disposition. If the unit is posted with a prohibited sales notice, the notice shall not be removed until authorized by the bureau.

(3) Within 14 days of the bureau's service of the notice of violation, the manufacturer may:

(a) inform the bureau in writing of the manufacturer's intent to correct the violations identified in the notice of violations. The manufacturer shall then inform the bureau in writing when the corrections have been completed and proceed with reinspection pursuant to (4); or

(b) request a hearing pursuant to ARM 24.301.1273.

(4) Upon the bureau's receipt of the manufacturer's notice of corrections, the units shall be reinspected, and the manufacturer shall pay the appropriate fees as required by ARM 24.301.1261 through ARM 24.301.1265.

(5) If a manufacturer receives a notice of violation, and the manufacturer does not request a hearing or correct the violations and inform the bureau of the corrections within the allotted time, the bureau may confiscate the insignia of approval.

History

Authorizing statute(s): 50-60-105, 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-105, 50-60-203, 50-60-401, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Mont. Admin. R. 24.301.1273 Violation and Hearings

(1) Any person aggrieved by a notice, order, or decision of the bureau under this subchapter, including a manufacturer who has received a notice of violation under ARM 24.301.1271, may request a hearing within 14 days of the bureau's service of the notice, order, or decision. The request must be in writing and shall briefly explain the basis for the request.

(2) All hearings shall be held in accordance with the provisions of the Montana Administrative Procedure Act, and the model rules adopted by the department in ARM 24.2.101. Proceedings under this rule are informal; however, the Montana Rules of Evidence and the Montana Rules of Civil Procedure may be used as guides for the hearing examiner.

(3) The appointed hearing examiner shall contact the parties in writing within 14 days of the bureau's receipt of the request for hearing to begin hearing procedures.

(4) Documents may be served electronically on any party who agrees in writing during the hearing process to electronic service.

(5) The department shall serve the final written decision on the affected parties within 30 days of the conclusion of the hearing.

History

Authorizing statute(s): 50-60-105, 50-60-203, 50-60-401, MCA
Implementing statute(s): 50-60-103, 50-60-105, 50-60-203, 50-60-401, MCA
History: NEW, 2024 MAR p. 2223, Eff. 9/21/24.

Subchapter 24.301.14 Permit Application and Variance

Mont. Admin. R. 24.301.1401 Definitions

(1) “Applicant” means any person applying for a building permit from the department pursuant to the State Building Code.

(2) “Application” means the forms and materials required to complete a request for a building permit from the department.

(3) “Building permit” means an official document issued by the department that authorizes any individual or person to begin construction of a building.

(4) “Complete application” means an application deemed complete by the department in accord with these rules.

(5) “Days” means calendar days, and shall be counted as set forth in Title 1, chapter 1, part 3, MCA.

(6) “Modification” means a change to an application or building plans to ensure compliance with the State Building Code.

(7) “Undue hardship” means the applicant demonstrates that strict compliance with the State Building Code would create a significant difficulty or expense for the applicant based on the applicant’s specific resources and circumstances.

(8) “Variance” means a departure from strict compliance with the State Building Code and does not include the use of alternative means or methods permissible in the building code which meet the purposes set forth in 50-60-201, MCA.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-101, 50-60-102, 50-60-103, 50-60-108, 50-60-201, 50-60-203, 50-60-205, 50-60-206, MCA
History: NEW, 2025 MAR, Notice No. 2025-120, Eff. 10/25/25.

Mont. Admin. R. 24.301.1403 Building Permit Application

(1) An applicant shall submit an application to the department for a building permit for any non-exempt building being built, remodeled, moved, or undergoing a change of use.

(2) The application shall be completed on forms provided by the department. The applicant shall include the following information with the application:

(a) a detailed description of the building use, or a description of the building change of use;

(b) any applicable fees pursuant to ARM 24.301.138; and

(3) Applications and any attachments may be submitted to the department through the department’s online portal, email, or mail to the Building and Commercial Measurements Bureau. Email attachments sized larger than 50 MG may be sent to the department over the state’s File Transfer Service.

(4) All applications and any attachments submitted to the department shall be in .pdf format, oriented consistently, and using minimum 12-point font.

(5) When an application is complete, the department shall:

(a) inform the applicant;

(b) begin review of the application; and

(6) The department may request additional information at any time before and during the department’s review of the application. A failure of the applicant to provide additional information requested by the department may result in the application being returned unprocessed and no building permit being issued.

(7) Any request for a variance from the State Building Code shall be included in an initial application for a building permit or as soon as practicable after the initial application is submitted. A variance request shall include a statement of undue hardship, and the variance request shall include alternative building plans to protect health, safety, and security.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-101, 50-60-102, 50-60-103, 50-60-108, 50-60-201, 50-60-203, 50-60-205, 50-60-206, MCA
History: NEW, 2025 MAR, Notice No. 2025-120, Eff. 10/25/25.

Mont. Admin. R. 24.301.1405 Building Plans

(1) An application for a building permit shall include building plans and specifications drawn to scale.

(2) The building plans shall clearly indicate the location, nature, and extent of work proposed, and the building plans shall show conformity with the State Building Code.

(3) The building plans shall include:

(a) a site plan locating the proposed building on the property;

(b) a dimensioned floor plan;

(d) a dimensioned typical section through the structure showing footings, foundations, walls, floors, ceilings and roof materials, and details;

(e) material specifications as appropriate; and

(f) all building insulation R-values, and description of heating and ventilation equipment and combustion air provisions and equipment capacity.

(4) The department may request the seal and certification of a licensed Montana engineer for the roof trusses used, and for footing/foundations designs that are not in compliance with the International Building Code, such as a slab on grade.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-101, 50-60-102, 50-60-103, 50-60-108, 50-60-201, 50-60-203, 50-60-205, 50-60-206, MCA
History: NEW, 2025 MAR, Notice No. 2025-120, Eff. 10/25/25.

Mont. Admin. R. 24.301.1407 Fire Prevention Review

(1) The Department of Justice may submit comments within seven days of the notification of a complete application under ARM 24.301.1403.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-101, 50-60-102, 50-60-103, 50-60-108, 50-60-201, 50-60-202, 50-60-203, 50-60-205, 50-60-206, MCA
History: NEW, 2025 MAR, Notice No. 2025-120, Eff. 10/25/25.

Mont. Admin. R. 24.301.1409 Application Approval, Modification, or Denial

(1) If an application includes a variance request, or the department begins initial review of the application and concludes that a variance request is necessary to issue a building permit, the department shall process the application pursuant to ARM 24.301.1411. If the application does not include a variance request, or the department begins an initial review of an application that includes a variance request, and the department determines that a variance request is not necessary to issue a building permit, the department may proceed with processing the application under (3).

(2) The department shall inform the applicant in writing upon receipt of a completed application. The applicant shall submit any additional information requested by the department pursuant to the State Building Code.

(3) The department shall review and make a determination to approve, modify, or deny an application for a building permit within 30 days of receipt of the completed application, as defined in ARM 24.301.1403, as follows:

(a) If an application is approved, the department shall issue a building permit.

(b) If an application is approved with modifications, the department shall provide the modifications to the applicant in writing upon issuing the building permit.

(4) If an applicant disagrees with the department’s modifications or denial of the permit, the applicant may request a hearing pursuant to ARM 24.301.1413 within seven days of the department’s determination.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-101, 50-60-102, 50-60-103, 50-60-108, 50-60-201, 50-60-203, 50-60-205, 50-60-206, MCA
History: NEW, 2025 MAR, Notice No. 2025-120, Eff. 10/25/25.

Mont. Admin. R. 24.301.1411 Variance Request

(1) Where a variance request is necessary to issue a building permit the department shall allow the applicant a reasonable time to submit the following:

(a) a variance request that includes the building code being varied;

(b) a statement of undue hardship; and

(2) The department shall inform the applicant in writing upon receipt of a completed variance request.

(3) The applicant shall submit any additional information requested by the department pursuant to the State Building Code, including information to support a statement of undue hardship or alternative building plans.

(4) Before the department approves, denies, or modifies any application for a building permit that includes a variance request, the requirements of ARM 24.301.1413 must be satisfied.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 50-60-101, 50-60-102, 50-60-103, 50-60-108, 50-60-201, 50-60-203, 50-60-205, 50-60-206, MCA
History: NEW, 2025 MAR, Notice No. 2025-120, Eff. 10/25/25.

Mont. Admin. R. 24.301.1413 Hearing Procedure

(1) A variance request and a request for hearing pursuant to 50-60-206, MCA, are considered a request for declaratory ruling by the department regarding the application of a particular provision of the State Building Code to the application.

(2) The department shall schedule a hearing:

(a) between 21 and 35 days after completion of a variance request that the department determined is necessary for the application; or

(b) not more than 25 days after an applicant requests a hearing pursuant to ARM 24.301.1409.

(3) Notice of the hearing shall be posted on the department’s website and be provided to the applicant, the Department of Justice, and the interested party list established for this purpose by the department.

(4) The complete application shall be published on the department’s website and provided to any person upon request.

(5) The hearing shall be conducted by a hearing officer appointed by the department and may be in-person or over videoconferencing means as determined by the department. The hearing is not bound by common law or the rules of evidence. Questions may be asked only by the hearing officer. The hearing procedure is as follows:

(a) The applicant may explain the project, the need for the variance or other modification, and the legal sufficiency of the application.

(b) Proponents of the application may provide verbal or written comments.

(d) Informational witnesses, including department staff, may provide verbal or written comment on any issue relevant to the variance request.

(e) The applicant may close and provide rebuttal to comments received.

(6) The department shall consider any comments regarding the application that are received between the date of the publication of notice of the hearing and the time of the close of the hearing.

(7) The hearing officer shall issue a written decision regarding the application. The decision shall include the facts and reasoning supporting the determination.

History

Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 2-4-501, 50-60-101, 50-60-102, 50-60-103, 50-60-105, 50-60-108, 50-60-201, 50-60-203, 50-60-205, 50-60-206, MCA
History: NEW, 2025 MAR, Notice No. 2025-120, Eff. 10/25/25.

Chapter 24.320 Carbon Monoxide Detector Standard - as Required by the Landlord Tenant Act

Subchapter 24.320.3 Carbon Monoxide Detector Standard - As Required by the Landlord Tenant Act

Mont. Admin. R. 24.320.301 Carbon Monoxide Detector Standard

(1) The department provides the following standard for the location, number, and type of approved carbon monoxide detectors required to be installed in dwelling units as provided by 70-20-113 and 70-24-303, MCA, of the Landlord Tenant Act:

(a) In dwelling units containing fuel-fired appliances or having attached garages, a carbon monoxide detector must be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms.

(b) Single station carbon monoxide detectors must comply with Underwriters Laboratory (UL) 2034 and be installed in accordance with the manufacturers' installation instructions.

(2) Rules adopted under this subchapter may not be construed as part of the state building code provided in 50-60-203, MCA, and may only be enforced as provided in Title 70, chapter 24, part 4.

History

Authorizing statute(s): 70-24-303, MCA
Implementing statute(s): 70-20-113, 70-24-303, MCA
History: NEW, 2010 MAR p. 2385, Eff. 10/15/10.

Chapter 24.321 Wildland Urban Interface Fire Mitigation

Subchapter 24.321.3 Wildland Urban Interface Fire Mitigation

Mont. Admin. R. 24.321.301 Definitions

(1) As used in this subchapter, the following definitions apply:

(a) "Accessory structure" means a building or structure utilized for sheltering equipment or materials, or for other uninhabitable occupancy purposes.

(b) "Approved" means acceptable to the code official or authority having jurisdiction.

(d) "Fire-resistance-rated construction" means the use of methods, materials, and systems in the construction of a structure to provide against the spread of fire within a structure and to or from a structure to the outside environment.

(e) "Ignition-resistant building material" means a type of building material that resists ignition or sustained flaming combustion.

(f) "International Building Code" means the International Building Code (IBC), adopted by ARM 24.301.131.

(g) "International Residential Code" means the International Residential Code (IRC) adopted by ARM 24.301.154.

(h) "Noncombustible" means a material that is either a material of which no portion will ignite and burn when fire is applied to it, or a material that has a structural base of noncombustible material with surface materials not in excess of 1/8 inch in thickness, which has a flame spread index of 50 or less.

(i) Any material conforming to ASTM 136 shall be considered noncombustible.

(ii) "Flame spread index" refers to the index obtained from tests conducted in ASTM E 84 or UL 723.

(i) "Wildland-Urban Interface" (WUI), means the line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetative fuels.

History

Authorizing statute(s): 50-60-901, MCA
Implementing statute(s): 76-3-504, MCA
History: NEW, 2011 MAR p. 319, Eff. 2/25/11.

Mont. Admin. R. 24.321.302 Applicability and Enforceability

(1) For the purposes of this subchapter and pursuant to 50-60-901, MCA, the department provides the following construction techniques that may be used individually or in combination by a local government to mitigate identified fire hazards in areas designated by local government pursuant to 76-3-504, MCA.

(2) Rules adopted under this subchapter may not be construed as part of the state building code provided in 50-60-203, MCA, and may only be enforced as provided in Title 76, chapter 3, part 5.

History

Authorizing statute(s): 50-60-901, MCA
Implementing statute(s): 76-3-504, MCA
History: NEW, 2011 MAR p. 319, Eff. 2/25/11.

Mont. Admin. R. 24.321.303 Premises Identification

(1) The address of the building shall be plainly visible and legible from the building's primary access road adjacent to the property.

History

Authorizing statute(s): 50-60-901, MCA
Implementing statute(s): 76-3-504, MCA
History: NEW, 2011 MAR p. 319, Eff. 2/25/11.

Mont. Admin. R. 24.321.304 Smoke Detection

(1) All habitable structures shall have smoke alarms installed that meet or exceed the provisions for smoke detection and notification found in either the latest adopted edition of the IRC or the IBC, whichever applies to the type of structure.

History

Authorizing statute(s): 50-60-901, MCA
Implementing statute(s): 76-3-504, MCA
History: NEW, 2011 MAR p. 319, Eff. 2/25/11.

Mont. Admin. R. 24.321.305 Roof Areas

(1) Roof coverings shall have at least a Class B roof assembly or an approved noncombustible roof covering. If the profile of the covering is such that a space is present between the covering and the roof decking, the space at the eave ends shall be fire-stopped to prevent the entry of flames or embers; or have one layer of 72-pound mineral-surfaced, nonperforated cap sheet, complying with ASTM D 3909, and installed over the combustible decking.

(2) When roof valleys are present, valley flashing shall consist of not less than 0.019-inch (26-gauge galvanized sheet) corrosion-resistant metal installed over a minimum three-foot wide underlayment of one layer of 72-pound mineral-surfaced, nonperforated cap sheet, complying with ASTM D 3909, and installed over the entire running length of the valley.

(3) Eaves, soffits, and fascias that are combustible shall be enclosed with solid materials with a minimum thickness of 3/4 inch. Rafter tails shall not be left exposed, unless constructed of heavy timber materials.

(4) If a structure is not located in a designated WUI, the roof assemblies listed in this rule shall comply with the IRC.

History

Authorizing statute(s): 50-60-901, MCA
Implementing statute(s): 76-3-504, MCA
History: NEW, 2011 MAR p. 319, Eff. 2/25/11.

Mont. Admin. R. 24.321.306 Chimneys and Flues

(1) An approved spark arrester constructed of a minimum 12-gauge welded-wire or woven-wire mesh, with openings not exceeding 1/2 inch shall be installed on every fireplace and wood stove chimney and flue.

History

Authorizing statute(s): 50-60-901, MCA
Implementing statute(s): 76-3-504, MCA
History: NEW, 2011 MAR p. 319, Eff. 2/25/11.

Mont. Admin. R. 24.321.307 Gutters and Downspouts

(1) Gutters and downspouts shall be constructed of noncombustible materials and shall prevent the accumulation of leaves and debris by an approved method.

(2) If a structure is not located in a designated WUI, this rule does not apply.

History

Authorizing statute(s): 50-60-901, MCA
Implementing statute(s): 76-3-504, MCA
History: NEW, 2011 MAR p. 319, Eff. 2/25/11.

Mont. Admin. R. 24.321.308 Exterior Areas

(1) In structures where the window to exterior wall area exceeds 20 percent (i.e., more than 20 percent of all exterior wall areas is comprised of exterior windows or window walls), the exterior windows, window walls, glazed doors, glazing within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block, or have a fire protection rating of not less than 20 minutes.

(2) Exterior doors shall be of approved noncombustible construction and materials, solid core wood not less than 1 3/4 inches thick, or have a fire protection rating of not less than 20 minutes. Vehicle access doors shall be constructed of ignition-resistant building materials.

(3) Exterior walls of buildings or structures shall extend from the top of the foundation to the underside of the roof sheathing and shall be constructed with one of the following methods:

(a) materials approved for a minimum of one-hour fire-resistance-rated construction on the exterior side;

(b) noncombustible materials;

(d) wood that is labeled for exterior use and is fire-retardant-treated on the exterior side; or

(e) materials that are ignition-resistant on the exterior side.

(4) If a structure is not located in a designated WUI, this rule does not apply.

History

Authorizing statute(s): 50-60-901, MCA
Implementing statute(s): 76-3-504, MCA
History: NEW, 2011 MAR p. 319, Eff. 2/25/11.

Mont. Admin. R. 24.321.309 Vents

(1) Ventilation openings in vertical exterior walls, attics, foundations, or underfloor areas shall not exceed 144 square inches each. Attic ventilation openings shall not be located in soffits, eave overhangs, between rafters at eaves, or other overhang areas.

(a) Gable end and dormer vents shall be located at least ten feet from property lines.

(b) Underfloor ventilation openings shall be located as close to grade as practical.

(2) All such vents shall be covered with noncombustible corrosion-resistant mesh with openings not to exceed 1/4 inch or shall be designed and approved to prevent ember or flame penetration into the structure. Vents shall not be placed in walls that face heavy vegetative fuels.

(3) If a structure is not located in a designated WUI, this rule does not apply.

History

Authorizing statute(s): 50-60-901, MCA
Implementing statute(s): 76-3-504, MCA
History: NEW, 2011 MAR p. 319, Eff. 2/25/11.

Mont. Admin. R. 24.321.310 Unenclosed Underfloor Areas

(1) All underfloor areas shall be enclosed to the ground in the same manner as required for exterior walls in ARM 24.321.308, unless such unenclosed areas are protected with either one-hour fire-resistance-rated construction or heavy timber construction or fire-retardant-treated wood to the underside of all exposed floors and all exposed structural columns, beams, and supporting walls.

(2) If a structure is not located in a designated WUI, this rule does not apply.

History

Authorizing statute(s): 50-60-901, MCA
Implementing statute(s): 76-3-504, MCA
History: NEW, 2011 MAR p. 319, Eff. 2/25/11.

Mont. Admin. R. 24.321.311 Accessory Structures

(1) An accessory structure without a complete exterior wall system enclosing the area under the roof or above the floor that is attached to buildings with habitable spaces and projections (e.g., decks), shall be a minimum of one-hour fire-resistance-rated construction, heavy timber construction, or constructed of one of the following:

(a) noncombustible materials;

(b) fire-retardant-treated wood labeled for exterior use; or

(2) When an attached accessory structure is located so that any portion of the structure projects over a descending slope surface greater than ten percent, the area below the structure shall have all underfloor areas enclosed to within six inches of the ground, with exterior wall construction in accordance with ARM 24.321.308.

(3) If a structure is not located in a designated WUI, this rule does not apply.

History

Authorizing statute(s): 50-60-901, MCA
Implementing statute(s): 76-3-504, MCA
History: NEW, 2011 MAR p. 319, Eff. 2/25/11.

Mont. Admin. R. 24.321.312 Storage Tanks

(1) Propane tanks and other flammable or combustible liquids storage shall be buried underground. If soil or subsoil conditions prohibit complete burial, then tanks shall be partially covered by at least one foot of earth, sand, or other noncombustible material.

(2) Other installation methods such as installation in vaults or other protective methods that comply with NFPA 30 and NFPA 58 standards may be used in lieu of burial.

(3) Structures not located in a designated WUI may have storage tanks installed above ground, so long as they conform to the NFPA 58 standard and be located at least 30 feet from any structure.

History

Authorizing statute(s): 50-60-901, MCA
Implementing statute(s): 76-3-504, MCA
History: NEW, 2011 MAR p. 319, Eff. 2/25/11.

Mont. Admin. R. 24.321.313 Water Sources – Private Wells

(1) Structures served by a private well shall have the pump wired on a separate circuit or disconnect to allow the pump to remain energized if the main disconnect to the structure is disconnected or turned off.

History

Authorizing statute(s): 50-60-901, MCA
Implementing statute(s): 50-60-902, 76-3-504, MCA
History: NEW, 2011 MAR p. 319, Eff. 2/25/11.

Chapter 24.351 Building and Commercial Measurements Bureau

Subchapter 24.351.1 Definitions

Mont. Admin. R. 24.351.101 Definitions

As used in this chapter, the following definitions apply:

(1) "Bureau" means the Building and Commercial Measurements Bureau of the Montana Department of Labor and Industry.

(2) "NIST" means the national institute of standards and technology of the United States department of commerce.

History

Authorizing statute(s): 30-12-202, MCA
Implementing statute(s): 30-12-202, MCA
History: NEW, 1998 MAR p. 1498, Eff. 6/12/98; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2023 MAR p. 1871, Eff. 1/1/24.

Mont. Admin. R. 24.351.105 Adoption of State Weights and Measures Standards and Recommendations

(1) Subject to the provisions of Title 32, chapter 12, part 2, and Title 82, chapter 15, part 1, MCA, the bureau adopts and incorporates by reference the following publications for weights and measures in Montana:

(a) NIST Handbook 44, 2023 edition: Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices with the following modifications:

(i) Delete paragraph UR.3.3. Single-Draft Weighing found in section 2.20, Scales.

(ii) Delete paragraph UR.2.2. Ticket Printer, Customer Ticket found in section 3.31, Vehicle-Tank Meters.

(b) NIST Handbook 130, 2023 edition: Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality with the following modifications:

(i) Delete in its entirety III, Uniform Laws part B, Uniform Weighmaster Law.

(ii) IV Uniform Regulations part A, Uniform Packaging and Labeling Regulation section 14, insert in the blank space January 1, 2024, for the effective date.

(iii) IV Uniform Regulations part B, Uniform Regulation for the Method of Sale of Commodities, section 5 insert in the blank space January 1, 2024, for the effective date.

(iv) Delete in its entirety IV Uniform Regulations part C, Uniform Unit Pricing Regulation.

(v) IV Uniform Regulations part D, Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices, section 3, Registration Fee, insert in all blank spaces, $25.00. Section 8 insert P.O. Box 200516 Helena Mt 59620 in the blank space.

(vi) IV Uniform Regulations part E. Uniform Regulation for National Type Evaluation, section 4(c) through (g) insert in all blank spaces January 1, 2024, for the effective date.

(vii) IV Uniform Regulations part E. Uniform Regulation for National Type Evaluation, section 7, insert in the blank space January 1, 2024, for the effective date.

(viii) IV Uniform Regulations part F, Uniform Fuels and Automotive Lubricants Regulation, section 2.1.2. Gasoline-Ethanol Blends. (a), is deleted and replaced with the following subsection: “(a) The maximum vapor pressure shall not exceed the latest version of ASTM D4814, ‘Standard Specification for Automotive Spark-Ignition Engine Fuel,’ limits by more than 1.0 psi year-round for gasoline-ethanol blends above 1%.”

(2) A copy of NIST Handbooks 44, 130, and 133 can be obtained from the United States Department of Commerce, National Institute of Standards and Technology, National Conference on Weights and Measures, Gaithersburg, MD 20899-0001, or online at www.nist.org.

History

Authorizing statute(s): 30-12-202, 82-15-102, MCA
Implementing statute(s): 30-12-202, 30-12-205, 30-12-401, 30-12-406, 30-12-407, 30-12-408, 30-12-409, MCA
History: NEW, 2023 MAR p. 1871, Eff. 1/1/24; AMD, 2025 MAR, Notice No. 2025-104, Eff. 7/1/25.

Subchapter 24.351.2 Weighing and Measuring Devices

Mont. Admin. R. 24.351.201 Nist Handbook 44 - Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 30-12-202, MCA
Implementing statute(s): 30-12-202, 30-12-205, 30-12-401, 30-12-406, 30-12-407, 30-12-408, 30-12-409, MCA
History: Eff. 12/31/72; AMD, Eff. 6/2/75; AMD, 1982 MAR p. 7, Eff. 1/15/82; AMD, 1998 MAR p. 1498, Eff. 6/12/98; AMD, 1999 MAR p. 68, Eff. 1/15/99; AMD, 1999 MAR p. 1295, Eff. 6/18/99; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

Mont. Admin. R. 24.351.203 Certification of Stationary Standards

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 30-12-202, MCA
Implementing statute(s): 30-12-202, MCA
History: NEW, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

Mont. Admin. R. 24.351.204 Uniform Regulation for National Type Evaluation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 30-12-202, MCA
Implementing statute(s): 30-12-202, MCA
History: NEW, 1998 MAR p. 1498, Eff. 6/12/98; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

Mont. Admin. R. 24.351.207 Split Weighing Allowed

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 30-12-107, MCA
Implementing statute(s): 30-12-107, 37-12-306, 37-12-406, MCA
History: NEW, 2013 MAR p. 1984, Eff. 11/1/13; REP, 2023 MAR p. 1871, Eff. 1/1/24.

Mont. Admin. R. 24.351.211 Fees for Testing and Certification

(1) The following fees shall apply to the testing of all devices subject to these rules:

(a) PA Meters (20 GPM or less) $10.00

(b) PB Meters (20 GPM-130 GPM) $30.00

(d) PD Meters (Liquified Petroleum Gas) $50.00

(e) SA/S1 Scales (499 LB or less) $20.00

(f) SB/S2 Scales (500 LB-1,999 LB) $30.00

(g) SC/S3 Scales (2,000 LB-7,999 LB) $35.00

(h) SD/S4 Scales (8,000 LB-60,000 LB) $150.00

(i) SE/S5 Scales (60,000 LB or more) $150.00

(2) A reinspection of a rejected device shall not incur the testing and certification fee.

(3) Special inspections are not required by statute and only occur upon request to the bureau. The fees for special inspections are as follows:

(a) units over 5000 pounds of testing weights, $2.50 per mile, measured by the distance the bureau's employee travels in connection with the special inspection;

(b) all other units, $1.25 per mile, as measured by the distance the bureau's employee travels in connection with the special inspection; and

(4) Where fees are not paid within 30 days after any inspection completed by the bureau, the bureau may seal and remove the device from service, until the fees have been paid.

History

Authorizing statute(s): 30-12-202, MCA
Implementing statute(s): 30-12-202, 30-12-203, MCA
History: Eff. 12/31/72; AMD, Eff. 2/5/74; AMD, 1984 MAR p. 24, Eff. 1/13/84; AMD, 1991 MAR p. 1486, Eff. 8/16/91; AMD, 1993 MAR p. 1501, Eff. 7/16/93; AMD, 1998 MAR p. 1498, Eff. 6/12/98; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; AMD, 2023 MAR p. 1871, Eff. 1/1/24.

Mont. Admin. R. 24.351.215 License Fee Schedule for Weighing and Measuring Devices

(1) Measuring device license fees are as follows:

(a) each volume measuring device with a listed maximum delivery rate of 20 or less gallons per minute (gpm) $21

(b) each volume measuring device with a maximum listed delivery rate of between 130 gpm and 20 gpm 70

(d) each liquefied petroleum gas (LPG) meter 102

(2) Weighing device license fees are as provided in 30-12-203, MCA.

History

Authorizing statute(s): 30-12-202, 82-15-102, 82-15-105, MCA
Implementing statute(s): 30-12-203, 82-15-105, MCA
History: NEW, 1993 MAR p. 1501, Eff. 7/16/93; AMD, 1995 MAR p. 2486, Eff. 11/23/95; AMD, 2000 MAR p. 2015, Eff. 7/28/00; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2006 MAR p. 2661, Eff. 10/27/06; AMD, 2023 MAR p. 1871, Eff. 1/1/24.

Mont. Admin. R. 24.351.221 Weighing Device License Transfer

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 30-12-202, MCA
Implementing statute(s): 30-12-203, MCA
History: NEW, 1991 MAR p. 1486, Eff. 8/16/91; AMD, 2000 MAR p. 2015, Eff. 7/28/00; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; REP, 2012 MAR p. 1786, Eff. 9/7/12.

Mont. Admin. R. 24.351.224 Accessibility to Stock Scales

(1) All permanently installed stock scales must be provided with a landing or access to the scale, having a width at least equal to the width of the scale platform and a length of at least five feet from the scale platform enclosure. The landing must be level with the deck of the scale platform and be constructed of concrete.

(2) A pathway must be provided to the scale access such that the test vehicle will not become mired down and such that the test vehicle can be parked in a relatively level position, both horizontally and vertically. The pathway is required to have a width of from ten to twelve feet and a height clearance of at least fourteen feet. This pathway must be continuous to the scale access concrete. All gates in the pathway must be in good working order.

(3) Portable livestock scales must be located on level ground and be provided with a temporary landing or access to the scale, having a width at least equal to the width of the scale platform, having a length of at least five feet from the scale platform enclosure, be level with the deck of the scale platform, and be constructed of materials sufficient to support a test vehicle.

History

Authorizing statute(s): 30-12-202, MCA
Implementing statute(s): 30-12-203, MCA
History: NEW, 1991 MAR p. 1486, Eff. 8/16/91; TRANS, from Commerce, 2005 MAR p. 445; AMD, 2012 MAR p. 1786, Eff. 9/7/12.

Mont. Admin. R. 24.351.227 Scale Pit Clearance

(1) No new installations or replacements of vehicle or livestock scales may be placed in a pit where the clearance from the floor of the pit to the bottom of the I-beams is less than 42 inches.

(2) Scale pits are not required for fully electronic scales, unless the pit is necessary for the installation, operation, or maintenance of the fully electronic scale.

(3) Electronic scales which do not require a pit for their installation, operation, or maintenance must be installed in strict compliance with the manufacturer's specification for each specific model.

(4) Scale pits must have concrete walls surrounding the entire pit, substantial in both durability and strength to prevent soil, snow, and other materials from entering the pit area and preventing the scale from operating properly. The requirements of this rule will apply only to those scales installed after its adoption.

History

Authorizing statute(s): 30-12-202, MCA
Implementing statute(s): 30-12-202, MCA
History: Eff. 12/31/72; AMD, 1987 MAR p. 589, Eff. 5/15/87; AMD, 1991 MAR p. 1486, Eff. 8/16/91; AMD, 1998 MAR p. 1498, Eff. 6/12/98; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; AMD, 2023 MAR p. 1871, Eff. 1/1/24.

Subchapter 24.351.3 Packaging and Labeling

Mont. Admin. R. 24.351.301 Nist Handbook 130 - Uniform Laws and Regulations

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 30-12-202, MCA
Implementing statute(s): 30-12-202, MCA
History: Eff. 12/31/72; AMD, 1979 MAR p. 1181, Eff. 10/12/79; AMD, 1995 MAR p. 2486, Eff. 11/23/95; AMD, 1998 MAR p. 1498, Eff. 6/12/98; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

Mont. Admin. R. 24.351.311 Random Inspection of Packages

(1) As required by the statutes, the following implements a schedule for the random inspection of packages and commodities kept, offered or exposed for sale at randomly selected inspection sites throughout Montana.

(2) The state is divided into inspection regions and it is anticipated that each inspection region will complete approximately 50 "package lot" inspections per year in random areas throughout the inspection region.

(3) The package inspections shall include all types of commodities as provided for in Title 30, chapter 12, parts 3 and 4, MCA.

History

Authorizing statute(s): 30-12-202, 30-12-207, MCA
Implementing statute(s): 30-12-207, MCA
History: NEW, 1991 MAR p. 1486, Eff. 8/16/91; AMD, 1995 MAR p. 2486, Eff. 11/23/95; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05.

Mont. Admin. R. 24.351.321 Nist Handbook 133 - Checking the Net Contents of Packaged Goods

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 30-12-202, 30-12-207, 30-12-301, 30-12-302, MCA
Implementing statute(s): 30-12-202, 30-12-207, 30-12-301, 30-12-302, MCA
History: NEW, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

Subchapter 24.351.4 Petroleum

Mont. Admin. R. 24.351.401 Nist Handbook 130 - Uniform Laws and Regulations

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 82-15-102, 82-15-103, MCA
Implementing statute(s): 82-15-103, MCA
History: NEW, Eff. 12/6/75; AMD, Eff. 11/26/77; AMD, 1995 MAR p. 2486, Eff. 11/23/95; AMD, 1997 MAR p. 45, Eff. 1/17/97; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

Mont. Admin. R. 24.351.411 Sampling of Petroleum Products

(1) All sampling will be done by employees of the bureau. A random sampling of petroleum products of the manufacturer and importer may be made to ensure that proper standards are being met. The bureau may require the cost of testing samples be paid for by the manufacturer or importer.

(2) On complaint of an individual as to standards of a petroleum product, sampling will be made by employees of the bureau. The bureau shall review the complaint and the sampling to determine if an investigation will be conducted into the petroleum product in question.

History

Authorizing statute(s): 82-15-102, MCA
Implementing statute(s): 82-15-107, MCA
History: Eff. 12/31/72; AMD, Eff. 11/26/77; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; AMD, 2023 MAR p. 1871, Eff. 1/1/24.

Mont. Admin. R. 24.351.421 Charges for Liquefied Petroleum Gas

(1) As provided by 82-15-109 , MCA, liquefied petroleum gas (LPG) shall be sold by liquid measure or weight as determined with a device licensed by the department. Customer charges for LPG purchase at retail shall be computed only on the basis of the net weight or liquid measure received by the purchaser. For sales of less than five gallons or 20 pounds, the retailer may charge, in addition to the charge for the LPG, a bottle filling service charge. If the retailer chooses to bill for a bottle filling service charge, the additional service charge must be clearly disclosed. The disclosure of the bottle filling service charge shall consist of the retailer's displaying the additional dollar amount for the filling service and the conditions under which the service fee will be charged. The disclosure shall be displayed in a clear and conspicuous manner on both the dispensing device and on all on-site signs advertising the availability of LPG at the site. Minimum transaction charges based on the size of the customer's LPG container or set at flat or fixed dollar amounts, without regard for the actual quantity of LPG remaining in the customer's container(s) , are prohibited.

History

Authorizing statute(s): 82-15-102, MCA
Implementing statute(s): 82-15-109, MCA
History: NEW, 1991 MAR p. 1486, Eff. 8/16/91; TRANS, from Commerce, 2005 MAR p. 445.

Mont. Admin. R. 24.351.425 Receipt to Be Left at Time of Delivery

(1) For all wholesale or retail deliveries of petroleum products, including, but not limited to, gasoline, diesel fuel, home heating oil or liquefied petroleum gas (LPG) , delivered to remote locations such as on-farm storage tanks, a receipt, either mechanically printed or handwritten, denoting the date and total gallons delivered into the customer's tank shall be left at either the delivery location or at a location specified by the customer unless a prior agreement has been made with that customer.

History

Authorizing statute(s): 30-12-301, MCA
Implementing statute(s): 30-12-407, MCA
History: NEW, 1999 MAR p. 68, Eff. 1/15/99; TRANS, from Commerce, 2005 MAR p. 445.

Authorizing statute(s): 30-12-202, MCA
Implementing statute(s): 30-12-202, MCA
History: NEW, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

Mont. Admin. R. 24.351.1117 Registration by Reciprocity

(1) The bureau may approve an individual registered serviceperson from any state if the bureau determines that the individual's state of registration's registered service agency's requirements are substantially similar to those used in this state, and the individual meets those requirements. The individual shall provide the bureau with any information necessary for the bureau to make this determination.

History

Authorizing statute(s): 30-12-202, MCA
Implementing statute(s): 30-12-202, MCA
History: NEW, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2023 MAR p. 1871, Eff. 1/1/24.

Mont. Admin. R. 24.351.1121 Voluntary Registration Program for Servicepersons and Service Agencies - Fees

(1) The bureau adopts and incorporates by reference the Uniform Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices in NIST Handbook 130, 2023 edition, for the voluntary registration of individuals and entities that have demonstrated an ability to accurately install, service, repair, or recondition a commercial weighing or measuring device.

(2) The individual or entity shall apply for registration on application forms provided by the bureau.

(3) The application and annual renewal fees are as follows:

(a) serviceperson $25

(b) service agency 25

(4) The bureau shall maintain and make public a list of registered servicepersons and registered service agencies.

History

Authorizing statute(s): 30-12-202, MCA
Implementing statute(s): 30-12-202, MCA
History: NEW, 2023 MAR p. 1871, Eff. 1/1/24.