MontanaHB 43569th Legislature, Regular Session (2025)HouseWALLET

Clarifying laws related to professional license discipline

Sponsored By: Jodee Etchart (Republican)

Became Law

Professions and Occupations GenerallyRule Making

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 0 benefits, 1 costs, 7 mixed.

Stronger sanctions and fines for licensees

Boards and the department can punish licensees for unprofessional conduct or unsafe practice. Penalties include revocation or suspension, probation up to 3 years, practice limits, monitoring, and required education or treatment. They can also fine up to $5,000 for each violation. Fines go to the state general fund.

Faster suspensions and strict reinstatement rules

If the department finds certain administrative problems, it sends written notice and gives 60 days to fix them. If you do not cure in 60 days, it can suspend your license without more notice. While suspended, you must stop practicing and may not use the protected title. After any suspension or revocation, you must surrender the license within 24 hours of notice. To reinstate an administrative suspension, you must pay a department fee, fix the issues, and you may have to pass tests or meet current qualifications; the board can add conditions. You may petition for reinstatement after the set interval, and the board or department cannot use both an administrative suspension and a full disciplinary case for the same act.

Broader list of unprofessional conduct

The law lists many acts that count as unprofessional conduct, such as certain crimes, fraud, unsafe or impaired practice, helping unlicensed practice, or breaching confidentiality. It also states that exercising free speech or religion, by itself, is not unprofessional conduct.

Impairment reporting and board-ordered evaluations

People and groups may report a licensee’s impairment from substance use, mental illness, or chronic physical illness even if other state laws would keep it private. For some medical board licensees, reports may go to staff of a board-run assistance program. Program staff must tell the board if the licensee refuses or does not complete an evaluation or treatment, or poses a risk of harm. The board can order an evaluation based on a report after notice and, if the licensee asks, a hearing. Evaluations must be done at an authorized facility. Professional standards review organizations only report if federal law allows it.

Liability shield tied to required insurance

Health care providers get a liability shield for acts by people claimed to be their ostensible agents if they require independent professionals to carry the required insurance and keep it in force for the claim period. A provider who sets such an insurance policy and then fails to follow it commits unprofessional conduct.

New reporting duties and legal protection

Applicants must immediately tell the department about any action taken against them during a pending application that relates to fitness to practice. Licensees must report within 30 days after any final action about their qualifications or fitness. Licensees must quickly report personal knowledge that a peer under the same board acted unprofessionally. People and facilities who report in good faith under these rules are protected from civil lawsuits. Willfully failing to make a required report can lead to suspension of a license or privilege for up to one month.

Tighter rules to supervise medical assistants

The board sets which tasks medical assistants may do and how much supervision is needed. A supervising practitioner must be on-site for invasive procedures, giving medication, or allergy testing. Supervisors must ensure assistants are competent, meet education rules, and follow good medical practice. Supervisors can be held responsible for assistants’ acts within assigned duties.

Old discipline laws repealed and consolidated

The law repeals several older reporting and discipline statutes and moves those functions into this unified framework. It reorganizes the rules so boards and programs use the same process.

Sponsors & Cosponsors

Sponsor

Jodee Etchart
Republican • House

Cosponsors

Josh Kassmier
Republican • Senate
Sara Novak
Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 285 • No: 8

House vote • 4/11/2025

Do Concur

Yes: 48 • No: 0

House vote • 4/10/2025

Do Concur

Yes: 49 • No: 0

House vote • 2/22/2025

Do Pass

Yes: 95 • No: 3

House vote • 2/21/2025