Montana Administrative Code

24.16.7537 REQUEST FOR FORMAL HEARING (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, MCA Implementing statute(s): 39-3-216, MCA History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2003 MAR p. 2433, Eff. 10/31/03; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.16.7541 DEFAULT ORDERS AND DISMISSALS (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, MCA Implementing statute(s): 39-3-216, MCA History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.16.7544 REQUEST FOR RELIEF IF MAIL IS NOT RECEIVED (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, MCA Implementing statute(s): 39-3-216, MCA History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.16.7547 APPEAL OF FORMAL HEARING (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, MCA Implementing statute(s): 39-3-216, MCA History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10; REP, 2018 MAR p. 439, Eff. 2/24/18.

24.16.7551 PENALTY WHEN PAYMENTS ARE MADE PRIOR TO DETERMINATIONS AND SUBSEQUENT TO DETERMINATIONS In cases where the wages claimed are paid by the employer either before or after receipt of the initial letter commencing the claim and prior to the issuance of a determination, no …

24.16.7556 SPECIAL CIRCUMSTANCES JUSTIFYING MAXIMUM PENALTY The following conduct by the employer constitutes special circumstances that justify the imposition of the maximum penalty allowed by law: the employer fails to provide information requested by the department and/or does…

24.16.7561 PENALTY FOR MINIMUM WAGE AND OVERTIME CLAIMS For determinations involving minimum wage and overtime that are filed on or after October 1, 1993, penalties are calculated as follows: a penalty equal to 110% of the wages determined to be due to the employee will be impose…

24.16.7566 PENALTY FOR CLAIMS INVOLVING OTHER KINDS OF COMPENSATION For determinations involving claims filed on or after October 1, 1993, if none of the special circumstances of ARM 24.16.7556 apply, penalties are calculated as follows: a penalty equal to 55% of the wages determ…

24.16.7569 PENALTY FOR MIXED CLAIMS Penalties for claims involving more than one type of wage claim are calculated by applying the appropriate administrative penalty rule to each component of the claim that is determined to be valid. Authorizing statute(s): 39-3-202 MCA Implement…

24.16.9008 SERVICES--DEFINITION--EXCLUSIONS--EXAMPLES (IS HEREBY REPEALED) Authorizing statute(s): 18-2-409 and 18-2-431, MCA Implementing statute(s): 18-2-401, 18-2-402, 18-2-403, 18-2-411, and 18-2-422, MCA History: NEW, 1988 MAR p. 2378, Eff. 12/1/88; REP, 2002 MAR p. 2446, Ef…

24.16.9009 $25,000 LIMIT--ENFORCEMENT (IS HEREBY REPEALED) Authorizing statute(s): 18-2-409 and 18-2-431, MCA Implementing statute(s): 18-2-401, 18-2-403, 18-2-409, and 18-2-422, MCA History: NEW, 1988 MAR p. 2378, Eff. 12/1/88; AMD, 1989 MAR p. 2249, Eff. 12/22/89; REP, 2002 MAR…

24.16.9010 PROCEDURES FOR ENFORCING THE ACT (IS HEREBY REPEALED) FOR PUBLIC WORKS PROJECTS Subchapter 1 General Provisions Authorizing statute(s): 2-4-201 and 18-2-431, MCA Implementing statute(s): 18-2-407, 18-2-409, 39-3-211 and 39-3-216, MCA History: NEW, 1989 MAR p. 2250, Eff…

24.160.2301 UNPROFESSIONAL CONDUCT It is unprofessional conduct for a licensee or applicant to violate any statute, rule, or standard of care governing their scope of practice, or exceeding the scope of practice for which they are licensed, trained, and educated to perform. The f…

24.160.301 DEFINITIONS "Certified" refers to documentation accepted by the department setting forth completed training of a licensee or license applicant by an approved provider. "Medical provider" includes a primary care provider and specialist care providers. Authorizing statut…

24.160.401 FEES Initial and renewal application fees are $25. Authorizing statute(s): 37-2-610, MCA Implementing statute(s): 37-2-610, MCA History: NEW, 2023 MAR p. 1412, Eff. 10/21/23.

24.160.501 PEDIATRIC COMPLEX CARE SERVICES In addition to those services defined in 37-2-603, MCA, a licensee may perform: bowel care, including enema administration and ostomy care; wound care; central line care or IV fluid administration; and airway management, including oxygen…

24.160.505 TRAINING PROGRAM The department approves training of a licensee or license applicant by: themedical provider of the individual for whom the licensee will provide care; or a training provider specially equipped to provide training for pediatric complex care, in which ca…

24.162.101 BOARD ORGANIZATION The Board of Nursing Home Administratorsadopts and incorporates the 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:…

24.162.201 PROCEDURAL RULES The Board of Nursing Home Administrators adopts 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: Eff.…

24.162.202 PUBLIC PARTICIPATION The Board of Nursing Home Administratorsadopts and incorporatesthe public participation rules of the Department ofLabor and Industryas listed in chapter 2 ofthis title. Authorizing statute(s): 2-3-103, MCA Implementing statute(s): 2-3-103, MCA Hist…

24.162.2101 RENEWALS (REPEALED) Authorizing statute(s): 37-1-141, 37-9-201, MCA Implementing statute(s): 37-1-141, 37-9-304, 37-9-305, MCA History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 375; AMD, …

24.162.2105 CONTINUING EDUCATION Each active licensee must complete 20 hours of continuing education (CE) annually for renewal of a license. A licensee with an inactive license must complete 20 hours of CE for the immediately prior renewal period before requesting the board to is…

24.162.2301 UNPROFESSIONAL CONDUCT The following is unprofessional conduct: failure to take appropriate action on an employee who diverts drugs or medications prescribed for residents; acceptance of valuable consideration for the solicitation or procurement, either directly or in…

24.162.301 DEFINITIONS "Health care facility" shall mean licensed long-term facility, or licensed acute care facility, as defined by 50-5-301(2)(b)(i), MCA. Authorizing statute(s): 37-9-203, MCA Implementing statute(s): 37-9-203, 37-9-301, MCA History: NEW, 1992 MAR p. 2640, Eff.…

24.162.401 QUORUM (REPEALED) Authorizing statute(s): 37-9-201, MCA Implementing statute(s): 37-9-201, MCA History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 375; REP, 2016 MAR p. 1958, Eff. 10/29/16.…

24.162.402 PUBLIC INFORMATION (REPEALED) Authorizing statute(s): 37-9-201, MCA Implementing statute(s): 37-9-201, MCA History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1987 MAR p. 1206, Eff. 7/31/87; TRANS, from Commerce, 2005 M…

24.162.403 SUBMITTALS AND REQUESTS (REPEALED) Authorizing statute(s): 37-9-201, MCA Implementing statute(s): 37-9-301, 37-9-302, 37-9-303, MCA History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 375; R…

24.162.407 RECORD OF MINUTES AND HEARINGS (REPEALED) Authorizing statute(s): 37-1-131, 37-9-201, MCA Implementing statute(s): 37-9-201, 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. 2446, Eff. 12/13/91; TRANS…

24.162.408 APPLICATION DENIAL (REPEALED) Authorizing statute(s): 37-9-201, MCA Implementing statute(s): 37-9-305, 37-9-311, MCA History: Eff. 12/31/72; AMD, Eff. 3/7/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 375…

24.162.409 HEARINGS OR PROCEEDINGS (REPEALED) Authorizing statute(s): 37-9-201, MCA Implementing statute(s): 37-9-311, MCA History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2005 MAR p. 375; REP, 2016 MAR p. 1958…

24.162.415 GENERAL REQUIREMENTS The license, together with evidence of current validation, shall be conspicuously displayed within the facility served by the licensee. Authorizing statute(s): 37-9-203, MCA Implementing statute(s): 37-9-203, MCA History: Eff. 12/31/72; TRANS, from…

24.162.420 FEE SCHEDULE Applicant and licensee fees are as follows: application by examination $150 application by examination and provisional license 150 application by credential 200 jurisprudence reexamination (each retake) 75 active renewal 125 Additional standardized fees ar…

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

24.162.501 APPLICATION AND DOCUMENTATION FOR LICENSURE An applicant must submit a completed application form documenting: education, training, experience, or a combination thereof totaling 1,200 points, as set forth below; passage of the national examination of the National Assoc…

24.162.502 MILITARY TRAINING OR EXPERIENCE (REPEALED) (REPEALED) Authorizing statute(s): 37-1-145, MCA Implementing statute(s): 37-1-145, MCA History: NEW, 2014 MAR p. 855, Eff. 4/25/14; AMD, 2016 MAR p. 1958, Eff. 10/29/16; REP, 2026 MAR, Notice No. 2025-122, Eff. 4/11/26.

24.162.503 NONROUTINE APPLICATIONS For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402by reference. Nonroutine applicationsmust be reviewed and approved by the board beforea license may be issue…

24.162.504 EXAMINATIONS (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-1-134, 37-9-203, 37-9-304, MCA Implementing statute(s): 37-1-131, 37-1-134, 37-9-203, 37-9-301, 37-9-304, MCA History: Eff. 12/31/72; AMD, Eff. 6/5/74; AMD, Eff. 8/5/75; AMD, Eff. 3/7/76; AMD, Eff.…

24.162.506 PROVISIONAL LICENSE An application for a provisional license must be accompanied by the required fee, which will not be refunded. The provisional license is valid until the applicant either fails the first national examination taken or passes the examination and is gra…

24.162.509 REINSTATEMENT (REPEALED) Authorizing statute(s): 37-1-131, 37-9-201, 37-9-203, MCA Implementing statute(s): 37-1-131, 37-9-201, 37-9-203, 37-9-305, MCA History: Eff. 12/31/72; AMD, Eff. 3/7/76; TRANS, from Dept of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD…

24.162.510 LICENSURE BY CREDENTIAL (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-9-203, MCA Implementing statute(s): 37-1-131, 37-1-304, 37-9-203, MCA History: Eff. 12/31/72; AMD, Eff. 6/5/74; AMD, 1979 MAR p. 849, Eff. 8/17/79; AMD, 1980 MAR p. 2589, Eff. 9/12/80; T…

24.162.512 APPLICANTS WITH CRIMINAL CONVICTIONS The board incorporates ARM 24.101.406 by reference with no modifications. Authorizing statute(s): 37-1-131, MCA Implementing statute(s): 37-1-101, 37-1-131, MCA History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

24.162.515 INACTIVE LICENSE (REPEALED) (REPEALED) Authorizing statute(s): 37-1-134, 37-1-319, 37-9-203, MCA Implementing statute(s): 37-1-134, 37-1-319, 37-9-203, MCA History: NEW, Eff. 1/5/74; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from C…

24.162.520 SUBSTANTIAL EQUIVALENCY The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Nursing Home Administrators publication. The publication is available on the board’s website. The board intends to review the publication annua…