Montana Administrative Code

24.159.1636 ADVANCED DELEGATION TO UAPS WORKING IN THE EMERGENCY DEPARTMENT (REPEALED) Authorizing statute(s): 37-1-131, 37-8-202, MCA Implementing statute(s): 37-1-131, 37-8-202, MCA History: NEW, 2005 MAR p. 1022, Eff. 7/1/05; TRANS, from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 M…

24.159.1640 ADVANCED DELEGATION TO UAPS WORKING IN THE DIALYSIS UNIT (REPEALED) Authorizing statute(s): 37-1-131, 37-8-202, MCA Implementing statute(s): 37-1-131, 37-8-202, MCA History: NEW, 2005 MAR p. 1022, Eff. 7/1/05; TRANS, from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. 1…

24.159.2001 INTRODUCTION OF THE NURSES' ASSISTANCE PROGRAM 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,…

24.159.2002 ADMINISTRATION OF THE PROGRAM The NAP shall be administered so that it is transparent and accountable to the public. The NAP program director shall ensure that the program has adequate resources and staffing to implement policies and procedures and all requirements of…

24.159.2003 PROGRAM DIRECTOR REQUIREMENTS 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. To be qualified, the program director must be able to demonst…

24.159.2004 DIRECTOR DUTIES A director shall: develop a policy and procedure manual; submit quarterly activity/statistical reports as defined by the board to the board; submit quarterly progress reports on licensees enrolled in the NAP; report licensees in the NAP to the board wh…

24.159.201 PROCEDURAL RULES The Board of Nursingadopts and incorporates the 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: NEW, Eff. 1/3/75; TRANS, …

24.159.2010 DISCIPLINARY MONITORING TRACK Participation in the NAP may be mandated as a part of disciplinary action by the board. 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.…

24.159.2011 ADMISSION CRITERIA - DISCIPLINARY MONITORING TRACK 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…

24.159.2012 PROGRAM REQUIREMENTS The program requirements of the NAP are that the licensee shall: agree to evaluations and testing necessary to determine treatment and monitoring needs while a part of the NAP; sign a contract with the NAP and comply with said contract and all req…

24.159.2013 DISCHARGE CRITERIA The licensee shall be discharged from the NAP when the licensee has: successfully completed the NAP; failed to comply with the NAP contract. The NAP will submit a report of failure to comply in the form of a complaint; or voluntarily withdrawn from …

24.159.202 PUBLIC PARTICIPATION The Board of Nursingadopts 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 MAR …

24.159.2020 ALTERNATIVE MONITORING TRACK The alternative monitoring track of the NAP is open to: 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 24.159.202…

24.159.2021 ADMISSION CRITERIA - ALTERNATIVE MONITORING TRACK A licensee may be admitted to the NAP alternative monitoring track if the licensee: is from another state and has applied for a nursing license in Montana and is enrolled in and compliant with a similar monitoring prog…

24.159.2022 PROGRAM REQUIREMENTS - NONDISCIPLINARY TRACK (REPEALED) 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 MA…

24.159.2023 DISCHARGE CRITERIA - NONDISCIPLINARY TRACK (REPEALED) 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/…

24.159.2101 STANDARDS FOR CONTINUING EDUCATION (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-8-202, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, MCA History: NEW, 2010 MAR p. 2651, Eff. 11/13/10; REP, 2023 MAR p. 1611, Eff. 11/18/23.

24.159.2102 BIENNIAL CONTINUING EDUCATION REQUIREMENTS (REPEALED) 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, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2013 MAR p. 1609, Eff. 9/6/13; AMD, 2019 MAR p. 1055, E…

24.159.2104 NONACCREDITED ACTIVITIES (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-8-202, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, MCA History: NEW, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2017 MAR p. 604, Eff. 5/13/17; REP, 2023 MAR p. 1611, Eff. 11/1…

24.159.2106 AUDITING OF CONTACT HOURS (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, 2010 MAR p. 2651, Eff. 11/13/10; AMD, 2019 MAR p. 1055, Eff. 7/27/19; REP, 2023 MAR p. 1611, Eff. 11…

24.159.2301 CONDUCT OF NURSES 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 interes…

24.159.2305 ADMINISTRATIVE SUSPENSION The board authorizes the department to: administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or file a complaint pertaining to the deficiencies in (1) that are based on repeated or egregious conduct,…

24.159.301 DEFINITIONS "Accrediting organization" means a professional organization that establishes standards and criteria for continuing education programs. "Advanced Practice Registered Nurse" or "APRN" means a registered nurse licensed by the board to practice as an advanced …

24.159.401 FEES 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. The application fee required for requesting board approval to retake the examinat…

24.159.402 FEE ABATEMENT 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. A copy of ARM 24.101.301 is available by contacting the Board of Nursing, 301 South Park Avenue, P.O…

24.159.403 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…

24.159.404 MILITARY TRAINING OR EXPERIENCE (REPEALED) 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.

24.159.405 SUBSTANTIAL EQUIVALENCY 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. The board intends to review the publication annually. However, failure to revi…

24.159.406 BOARD OBJECTIVES (REPEALED) 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 MA…

24.159.407 MEETINGS OF THE BOARD (REPEALED) 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, 19…

24.159.408 OFFICERS OF THE BOARD (REPEALED) 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, 19…

24.159.409 DUTIES OF THE PRESIDENT OF THE BOARD (REPEALED) 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…

24.159.410 DUTIES OF MEMBERS OF THE BOARD (REPEALED) 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…

24.159.411 PARLIAMENTARY AUTHORITY (REPEALED) 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,…

24.159.413 APPLICANTS WITH CRIMINAL CONVICTIONS The board incorporates ARM 24.101.406 by reference with the following modifications: 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…

24.159.414 APPLICANTS WITH EVIDENCE OF IMPAIRMENT BY SUBSTANCE USE 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 depen…

24.159.416 QUALIFICATIONS FOR EXECUTIVE DIRECTOR OF THE BOARD (REPEALED) 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, 202…

24.159.420 APPLICATIONS AND RENEWALS 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 appli…

24.159.422 LPN AND RN APPLICATIONS In addition to the requirements of ARM 24.159.420, an applicant for LPN or RN licensure must provide: license verification and, if not in English, a certified translation, from the state, territory, or country in which the applicant holds now, o…

24.159.501 DEFINITIONS For the purpose of the enhanced Nurse Licensure Compact: "Commission" means the Interstate Commission of Nurse Licensure Compact Administrators. "Compact" means the nurse licensure compact that became effective on July 20, 2017, and implemented on January 1…

24.159.502 NURSE LICENSURE COMPACT RULES (REPEALED) 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.

24.159.504 ISSUANCE OF A LICENSE BY A COMPACT STATE (REPEALED) 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.

24.159.507 LIMITATIONS ON MULTISTATE LICENSURE PRIVILEGE - DISCIPLINE (REPEALED) 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.

24.159.510 INFORMATION SYSTEM (REPEALED) 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.

24.159.601 STATEMENT OF PURPOSE FOR NURSING EDUCATION PROGRAM RULES (REPEALED) 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, &…

24.159.604 PROGRAM STANDARDS All programs shall meet these standards: The purpose and outcomes of the program shall be consistent with accepted standards of nursing practice appropriate for graduates of the type of program offered and be made available to prospective and current …

24.159.605 ORGANIZATION AND ADMINISTRATION OF PROGRAMS Parent institutions conducting a program must be accredited by an accrediting agency that is recognized by the U.S. Department of Education. The organizational structure of the program must be comparable to similar programs o…

24.159.606 EDUCATIONAL FACILITIES FOR PROGRAMS There must be safe and accessible physical facilities and resources for students and faculty. Physical facilities must be appropriate to meet the educational and clinical needs of the program. Classrooms, laboratories, offices, and c…

24.159.608 PLACEMENT OF AN OUT-OF-STATE NURSING STUDENT IN A MONTANA CLINICAL PRACTICE SETTING 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 its execu…

24.159.609 PROGRAM EVALUATION All nursing programs must have and follow a written, systematic plan for evaluation and ongoing assessment of student learning, published program outcomes, and compliance with board rules. The plan must effectively support the achievement of the expe…