Montana Administrative Code

24.135.402 FEE SCHEDULE Initial application, including examination: First Class$100 Second Class100 Third Class60 NCCO reciprocity80 Annual renewal of license (First and Second Class)150 Annual renewal of license (Third Class)50 Additional standardized fees are specified in ARM 2…

24.135.404 CITATIONS AND FINES (REPEALED) Authorizing statute(s): 50-76-112, MCA Implementing statute(s): 50-76-102, 50-76-103, 50-76-114, MCA History: NEW, 2006 MAR p. 219, Eff. 1/27/06; REP, 2015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.

24.135.409 APPLICATIONS 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. No application for examination will b…

24.135.410 PROCEDURE TO PROHIBIT USE OF EQUIPMENT IN VIOLATION OF TITLE 50, CHAPTER 76 CONCERNING HOISTING ENGINES AND CRANE OPERATORS 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 2…

24.135.411 INCORPORATION BY REFERENCE OF AMERICAN NATIONAL STANDARDS INSTITUTE B30.5 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…

24.135.412 FAILED EXAMINATIONS (REPEALED) Authorizing statute(s): 50-76-112, MCA Implementing statute(s): 50-76-103, 50-76-108, MCA History: NEW, 2006 MAR p. 219, Eff. 1/27/06; REP, 2015 MAR p. 64,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.

24.135.501 HOISTING OPERATORS LICENSE REQUIREMENTS No person shall operate any hoisting equipment except as listed under (8) of this rule, without first obtaining a hoisting operator's license from the bureau, unless meeting requirements of (6). The following hoisting licenses ar…

24.135.516 CRANE HOISTING OPERATORS LICENSE REQUIREMENTS No person shall operate any crane hoisting equipment except as listed in (9) of this rule without first obtaining a crane hoisting operator's license from the bureau, unless meeting requirements of (7). The following crane …

24.135.530 MINE HOISTING OPERATORS LICENSE REQUIREMENTS 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 bureau, unless meeting requiremen…

24.135.545 NATIONAL COMMISSION CERTIFICATION (REPEALED) Authorizing statute(s): 50-76-112, MCA Implementing statute(s): 50-76-113, MCA History: NEW, 2006 MAR p. 219, Eff. 1/27/06; REP, 2015 MAR p. 64, Eff. 1/30/15.

24.138.101 BOARD ORGANIZATION The Board of Dentistryadopts and incorporatesthe organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title. Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: Eff. 12/31/72; TRA…

24.138.201 PROCEDURAL RULES The Board of Dentistryadopts and incorporatesthe procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title. Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: Eff. 12/31/72; TRANS, fr…

24.138.202 PUBLIC PARTICIPATION The Board of Dentistryadopts and incorporatesthe public participation rules of the Department ofLabor and Industryas listed in chapter 2 of this title. Authorizing statute(s): 2-3-103, MCA Implementing statute(s): 2-3-103, MCA History: NEW, 1978 MA…

24.138.206 DENTAL HYGIENIST COMMITTEE (REPEALED) (REPEALED) 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.

24.138.208 DENTURIST COMMITTEE (REPEALED) (REPEALED) 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.

24.138.2101 DEFINITION OF CONTINUING EDUCATION (REPEALED) (REPEALED) 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/…

24.138.2102 SUBJECT MATTER ACCEPTABLE FOR DENTIST AND DENTAL HYGIENIST CONTINUING EDUCATION (REPEALED) (REPEALED) 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,…

24.138.2103 SUBJECT MATTER ACCEPTABLE FOR DENTURIST CONTINUING EDUCATION (REPEALED) (REPEALED) 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; TRAN…

24.138.2104 REQUIREMENTS AND RESTRICTIONS (REPEALED) (REPEALED) 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, 1…

24.138.2105 CONTINUING EDUCATION – AUDIT (REPEALED) (REPEALED) 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 Commer…

24.138.2106 EXEMPTIONS AND EXCEPTIONS (REPEALED) (REPEALED) 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 Co…

24.138.2110 CONTINUING EDUCATION Licensees must obtain the following continuing education (CE) hours per three-year cycle with a starting date of 2015, prior to renewal: 60 hours for dentists. If a dentist also holds an anesthesia permit, the dentist must obtain as part of the 60…

24.138.2301 UNPROFESSIONAL CONDUCT For the purposes of implementing the provisions of 37-1-316, MCA, the board further defines "unprofessional conduct" as follows: Continuing to practice when the licensee's license has been suspended, revoked or is not currently renewed. Administ…

24.138.2302 UNPROFESSIONAL CONDUCT FOR DENTURISTS (REPEALED) (REPEALED) 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, 199…

24.138.2303 UNPROFESSIONAL CONDUCT FOR DENTAL HYGIENISTS (REPEALED) (REPEALED) 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, 2…

24.138.2401 COMPLAINT PROCEDURE (REPEALED) 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. 10/3…

24.138.2402 SCREENING PANEL 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. Authorizing statute(…

24.138.2701 REHABILITATION PROGRAM PURPOSE (REPEALED) (REPEALED) 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, …

24.138.2703 RESPONSIBILITIES OF PROFESSIONAL ASSISTANCE PROGRAM The professional assistance program as set forth in 37-4-311 and 37-4-312, MCA, shall: provide two tracks for assistance of licensees or license applicants under the board's jurisdiction: a disciplinary track; and a …

24.138.2705 REPORTING OF SUSPECTED IMPAIRMENT (REPEALED) (REPEALED) 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. 220…

24.138.2707 PROTOCOL FOR SELF-REPORTING TO A MEDICAL ASSISTANCE PROGRAM 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 applican…

24.138.2710 PROTOCOL FOR DISCIPLINARY TRACK 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. Licensees or license applicants are admitted to the disciplinary…

24.138.2712 PROTOCOL FOR NONDISCIPLINARY TRACK 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. A participant who is noncompliant or refuses a …

24.138.2714 REPORTING TO THE BOARD (REPEALED) (REPEALED) 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. 9/2…

24.138.2716 DISCHARGE REQUIREMENTS (REPEALED) (REPEALED) 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. 9/2…

24.138.2719 RELAPSE (REPEALED) (REPEALED) 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…

24.138.3001 ADVERTISING FEE INFORMATION (REPEALED) (REPEALED) 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.

24.138.3002 ADVERTISING CONTENT (REPEALED) (REPEALED) 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.

24.138.3003 ADVERTISING RESPONSIBILITY 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 prof…

24.138.3004 SEVERABILITY (REPEALED) 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.

24.138.301 DEFINITIONS For the purposes of this chapter, the following definitions apply: "Administration" is as follows: "enteral administration" means the agent is absorbed through the gastrointestinal tract or oral mucosa (oral, rectal, or sublingual); "inhalation administrati…

24.138.304 NONROUTINE APPLICATIONS For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402 by reference. Nonroutine applications must be reviewed and approved by the board before a license may be is…

24.138.305 APPLICANTS WITH CRIMINAL CONVICTIONS The board incorporates ARM 24.101.406 by reference with the following modifications: Nonviolent misdemeanor convictions involving driving under the influence (DUI) in (5)(a) are routine if the conviction date is more than five years…

24.138.306 TEETH WHITENING (REPEALED) (REPEALED) 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.

24.138.3101 GENERAL STANDARDS FOR SPECIALTIES 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 …

24.138.3102 SPECIALTY ADVERTISING (REPEALED) (REPEALED) 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; AM…

24.138.3103 STANDARDS FOR MULTIPLE-SPECIALITY ANNOUNCEMENTS (REPEALED) 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; AM…