Montana Administrative Code

24.138.3211 DEFINITIONS RELATED TO ANESTHESIA (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-4-205, MCA Implementing statute(s): 37-4-101, 37-4-511, MCA History: NEW, 2011 MAR p. 2629, Eff. 12/9/11; REP, 2024 MAR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.

24.138.3213 EFFECT OF 2011 STATUTE AND RULE AMENDMENTS ON CURRENTLY ISSUED ANESTHESIA PERMITS (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-4-205, MCA Implementing statute(s): 37-4-101, 37-4-511, MCA History: NEW, 2011 MAR p. 2629, Eff. 12/9/11; REP, 2024 MAR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…

24.138.3215 ANESTHESIA FEE SCHEDULE (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-4-205, MCA Implementing statute(s): 37-1-134, 37-4-101, 37-4-511, MCA History: NEW, 1985 MAR p. 1994, Eff. 12/27/85; AMD,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…

24.138.3217 PRACTICE OF ANESTHESIA (REPEALED) (REPEALED) Authorizing statute(s): History: 37-1-131, 37-4-205, MCA Implementing statute(s): 37-4-511, MCA History: NEW, 1985 MAR p. 1994, Eff. 12/27/85; AMD, 1987 MAR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, …

24.138.3219 PERMIT REQUIRED FOR ADMINISTRATION OF ANESTHESIA (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-4-205, MCA Implementing statute(s): 37-1-131, 37-4-101, 37-4-511, MCA History: NEW, 1985 MAR p. 1994, Eff. 12/27/85; AMD,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, 19…

24.138.3221 MINIMUM QUALIFYING STANDARDS 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 se…

24.138.3223 MINIMUM MONITORING STANDARDS Minimum standards for monitoring deep sedation/general anesthesia patients shall include the following: preoperative: vital signs - to include blood pressure, heart rate, pulse, and oximetry results. Temperature may be necessary; and elect…

24.138.3225 EQUIPMENT STANDARDS 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 positive pressure oxygen delivery system; stethoscope and sphygmomanometer…

24.138.3227 ONSITE INSPECTION OF PERMIT HOLDERS Each permit holder shall be inspected initially, and at intervals not to exceed five years, by a qualified inspector per 37-4-308, MCA. The onsite inspection shall include: demonstration of: recognition and management of complicatio…

24.138.3229 ANESTHESIA CONTINUING EDUCATION (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, 1985 MAR p. 1994, Eff. 12/27/85; AMD, 1999 MAR p. 209, Eff. 1/29/99; TRANS, from Co…

24.138.3231 REPORTING ADVERSE OCCURRENCES 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 anesthe…

24.138.3233 ANESTHESIA COMMITTEE 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…

24.138.401 INTRODUCTION (REPEALED) 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/…

24.138.402 FEE SCHEDULE Original application fee for all licensees $100 Credentialing fee for dentists 375 Credentialing fee for dental hygienists 75 Local anesthesia certificate application fee 20 Jurisprudence examination fee for all licensees 85 Active renewal fee for dentists…

24.138.403 MANDATORY CERTIFICATION (REPEALED) (REPEALED) 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, fro…

24.138.404 JUSTIFIABLE CRITICISM AND EXPERT TESTIMONY (REPEALED) 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, …

24.138.405 MANAGEMENT OF INFECTIOUS WASTE (REPEALED) 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…

24.138.406 FUNCTIONS FOR DENTAL AUXILIARIES AND AUXILIARIES WHO HOLD DENTAL ASSISTANT CERTIFICATION Dental auxiliaries as defined in 37-4-408(1), MCA, may work under direct supervision if the auxiliary: was instructed and qualified to perform in a dental assisting program accredi…

24.138.407 FUNCTIONS FOR DENTAL HYGIENISTS 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). In addition to the non-delegable duties under 37-4-401, MCA, a dental hygienist…

24.138.408 SERVICE TO THE PUBLIC AND QUALITY OF CARE (REPEALED) 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…

24.138.409 PATIENT SELECTION (REPEALED) 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, …

24.138.410 PATIENT RECORDS (REPEALED) 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, & …

24.138.411 EMERGENCY SERVICE (REPEALED) 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, &…

24.138.412 CONSULTATION AND REFERRAL (REPEALED) 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…

24.138.413 REBATE AND SPLIT FEES (REPEALED) 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. 1…

24.138.414 DISPLAY OF LICENSES All licensees must display, or have readily available by electronic means,their current licensefor 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 …

24.138.415 NINETY-DAY GUARANTEE REQUIRED BY DENTURISTS (REPEALED) (REPEALED) 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.…

24.138.416 PRIOR REFERRAL FOR PARTIAL DENTURES (REPEALED) (REPEALED) 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; …

24.138.417 DENTAL SCREENINGS (REPEALED) (REPEALED) 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.

24.138.418 INFECTION CONTROL (REPEALED) (REPEALED) 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.

24.138.419 LIMITED PRESCRIPTIVE AUTHORITY – QUALIFICATIONS – ALLOWABLE PERCENTAGES OF TOPICAL AGENTS Education and competency for dental hygiene prescriptive authority will be accomplished by completion of a pharmacology course. Allowable percentages of prescribed agents are: top…

24.138.420 SCOPE OF TREATMENT FOR VOLUNTEER LICENSEES (REPEALED) 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.

24.138.425 LIMITED ACCESS PERMIT TREATMENT GUIDELINES–PRACTICING UNDER PUBLIC HEALTH SUPERVISION 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: Th…

24.138.430 FEE ABATEMENT (REPEALED) (REPEALED) 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.

24.138.501 APPROVED DENTAL AND DENTAL HYGIENE SCHOOLS (REPEALED) 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…

24.138.502 LICENSURE OF DENTISTS Applicants for dentist licensure must have: 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; passed a board approved re…

24.138.503 LICENSURE OF DENTAL HYGIENISTS Applicants for dental hygienist licensure must have: passed the written dental hygiene examination administered by the Joint Commission on National Dental Examinations, or its successor; passed a board approved regional clinical practical…

24.138.504 APPROVED CLINICAL EXAM CRITERIA FOR DENTISTS AND DENTAL HYGIENISTS (REPEALED) (REPEALED) 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.…

24.138.505 DENTIST LICENSURE BY CREDENTIALS (REPEALED) (REPEALED) 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, & A…

24.138.506 DENTAL HYGIENIST LICENSURE BY CREDENTIALS (REPEALED) (REPEALED) 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, Ef…

24.138.507 DENTIST LICENSURE BY CREDENTIALS FOR SPECIALISTS (REPEALED) 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/…

24.138.508 DENTAL HYGIENE LOCAL ANESTHETIC AGENT CERTIFICATION (REPEALED) (REPEALED) 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…

24.138.509 DENTAL HYGIENE LIMITED ACCESS PERMIT The board shall issue a limited access permit (LAP) to a Montana licensed dental hygienist who: possesses an active, unrestricted Montana dental hygiene license; certifies that the dental hygienist has actively practiced either: 240…

24.138.510 DENTURIST EXAMINATION (REPEALED) 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…