MontanaHB 41469th Legislature, Regular Session (2025)HouseWALLET

Revise laws related to licensing applications

Sponsored By: Jodee Etchart (Republican)

Signed by Governor

Professions and Occupations GenerallyHealthSafetyEducation - Teachers

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Bill Overview

Analyzed Economic Effects

21 provisions identified: 6 benefits, 9 costs, 6 mixed.

License discipline after three relapses

A licensing board must discipline a license if the person is in a medical assistance program under chapter 3, 4, 7, or 8 and returns to a prohibited substance on three separate occasions during the contract period. The rule applies during the program contract. This does not change an employer’s right to evaluate, discipline, or fire an employee.

Provisional licenses for new psychologists

If you finished the education for psychology licensure but not the postdoctoral hours, you can get a provisional license. You must practice under an approved supervision plan set by the board.

Provisional licenses for sanitarians-in-training

You can get a provisional sanitarian license while you finish required schooling. The department issues full registration after you meet standards and pass the exam.

Provisional path for foreign-trained PTs

A board‑approved agency reviews foreign transcripts. If the review and the board find your credits equal to Montana standards, you can get a provisional physical therapist license before the exam.

Stricter limits on temporary health practice

Nurses on a provisional license who are waiting for exam results may practice only under on-site supervision by an assigned registered nurse, physician, dentist, osteopath, or podiatrist. Advanced practice nurses may practice in a field only after the board approves a certificate based on national certification; temporary approval is removed. Out-of-state speech-language pathologists and audiologists may work in Montana up to 5 days a year and must do so with a Montana-licensed provider.

No second temp permit for electricians

If you fail the electrician exam, you cannot get a second temporary practice permit. You must apply on department forms, pay the board-set fee, follow board rules, and pass the exam to get a permanent license.

Stricter licensing for genetic counselors

You must apply, pay the fee, and show American Board of Genetic Counseling certification. Licenses last as set by rule and renew only after filing a renewal application and paying the renewal fee. The department can deny a license for serious misconduct or false statements on the application.

New trust account fines for brokers and managers

Department staff can cite property managers and brokers for trust-account violations. Each cited violation is $1,000 for property managers and $50 for brokers. You have 5 business days to pay or file a written dispute. Refusing to sign a citation without disputing is unprofessional conduct. Collected fines go to the board’s state account.

Tighter rules for mortuaries and crematories

Temporary permits to operate a mortuary or crematory before initial inspection are removed. A mortuary license can move to a new facility only when the old site closes and the new site opens, and the new site must pass inspection. The board may inspect mortuaries during business hours. The board sets crematory rules for cremation, transport, sanitation, equipment, fire protection, buildings, and records. Crematories must also meet local building codes and environmental rules.

Old temporary license routes ended

The law repeals several statutes that allowed temporary or provisional practice in different professions, such as out-of-state volunteer dentists, apprentice or provisional licenses, and temporary elevator licenses. These specific temporary permits and licenses are no longer available. People who relied on those short-term options must now qualify under regular licensing rules.

Faster licensing and background checks for workers

The department can give a provisional license when only one or a few items are still pending, like an exam or an inspection. Screening panels review nonroutine applications and can propose restrictions or denial; you must request a hearing or the proposal becomes final. Out-of-state licensees can register and practice in Montana up to 21 days each year. If a board needs a criminal check, you must submit fingerprints, sign a release, and pay DOJ fees; DOJ destroys fingerprint cards after the check. Boards must collect your Social Security number and keep it confidential, and may share it with the health department for child support. Boards decide complete applications within 45 days and must tell you within 10 days if something is missing. To reactivate an expired license, you must show you completed required continuing education; boards may also set rules for staying on inactive status.

New duties and permits for x-ray staff

Licensed radiologic technologists can inject IV contrast and radioactive isotopes for diagnostic tests when a licensed practitioner directs the test. Intra-arterial injections are not allowed, and ACLS‑trained staff must be immediately available when contrast is used. Limited-permit holders and unlicensed people cannot do these injections. A new limited permit lets otherwise unlicensed applicants do listed x‑ray procedures for up to 12 months if they are 18+, complete classroom training, and pass an exam. You must carry or display your license at work if asked. A nonrefundable licensing or permit fee applies; the board sets the amount.

New rules for direct-entry midwives

To be licensed, you must be 21 or older, have a high school diploma, finish board-approved training, and keep CPR and neonatal resuscitation current. You must show 100 prenatal exams, 40 births observed, and 25 births as the primary attendant, with at least 15 that include continuous care. If you completed the education but not the experience, you can get a provisional license while you finish. Certified nurse-midwives can get a direct-entry midwife license by paying the fee and are exempt from the usual education and experience. The board sets documentation, client screening, low‑risk criteria, consent and reporting forms, and ethics. The board’s power to issue temporary permits is removed.

Stronger rules for private security licenses

Applicants for private security roles must be at least 18, have a high school diploma or equivalent, meet character standards, and complete required training, experience, and exams. Applicants must submit fingerprints for DOJ and FBI background checks. A provisional license is available for private investigators who have not finished training or the exam, under department rules. Security firms must be legally organized in Montana or qualified to do business here and must designate a manager as the main contact.

New salon and instructor licensing rules

Teacher licenses now require 12 straight months of practice, a board‑approved teacher course diploma, and passing the exam. If you have 3+ years of practice and the license, you can get a 2‑year, nonrenewable provisional teaching license while you finish coursework. Salons and shops now use provisional licenses instead of temporary permits. New or relocating salons can operate under a provisional license after paying licensure and inspection fees; relocating owners must be in good standing. No provisional license is allowed within 90 days of renewal. Every salon and shop gets an annual inspection, and owners must answer violations in writing within 30 days to get full licensure.

Easier licensing for athletic trainers

You do not have to take the department’s exam if you have a current out‑of‑state license with equal standards or hold certification from an organization the National Commission for Certifying Agencies recognizes.

Six-month provisional permits for elevator inspectors

An uncertified elevator inspector can work under a provisional permit for up to 6 months with supervision by certified personnel. The permit follows department rules.

Temporary permits for out-of-state appraisers

If you are a licensed or certified appraiser in another state and in good standing, you can get a temporary practice permit in Montana. You must register with the board and your standing must be verified on the national registry. The permit follows federal policy under Title XI of FIRREA.

No temporary permits for euthanasia techs

The board no longer issues temporary permits for euthanasia technicians. It still issues, renews, and can discipline certifications for technicians and certified agencies.

New inspection fee for crematories

Any new crematory must pay an initial inspection fee set by the board. The fee must be included with the license application. The law does not set the dollar amount.

Funding check before boards expand programs

Before a licensing board expands a program, it must consult the department to confirm it has enough money and appropriation authority. A board may not expand the program without adequate funds and approval. For sanitarians, the department may adopt registration and training rules as it considers necessary, instead of following detailed mandates.

Sponsors & Cosponsors

Sponsor

Jodee Etchart
Republican • House

Cosponsors

Gregg Hunter
Republican • Senate
Steve Fitzpatrick
Republican • House

Roll Call Votes

All Roll Calls

Yes: 292 • No: 3

Senate vote • 4/11/2025

Do Concur

Yes: 46 • No: 2

Senate vote • 4/10/2025