Montana Administrative Code

24.165.101 BOARD ORGANIZATION The Board of Occupational Therapy Practice adopts 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 Histo…

24.165.201 PROCEDURAL RULES The Board of Occupational Therapy Practice 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: NE…

24.165.202 PUBLIC PARTICIPATION The Board of Occupational Therapy Practice adopts 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 …

24.165.2101 CONTINUING EDUCATION Licensees must complete ten hours of continuing education (CE) annually and shall affirm an understanding of the recurring duty to comply with CE requirements as part of license renewal. The CE requirement does not apply until a licensee's first f…

24.165.2102 CONTINUING EDUCATION – EXEMPTION A licensee may request an exemption from CE requirements due to physical disability or undue hardship. Requests will be considered by the board. Authorizing statute(s): 37-1-131, 37-1-319, MCA Implementing statute(s): 37-1-131, 37-1-30…

24.165.2115 RENEWALS (REPEALED) Authorizing statute(s): 37-1-141, 37-24-201, 37-24-202, MCA Implementing statute(s): 37-1-141, 37-24-102, 37-24-301, 37-24-306, MCA History: NEW, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2019 MAR p. 140, Eff. 1/26/19.

24.165.2301 UNPROFESSIONAL CONDUCT In addition to the provisions of 37-1-316, MCA, the board defines "unprofessional conduct" as follows: treating individual disorders by correspondence; discriminating against a client on the basis of race, religion, sex, or age; improper use of …

24.165.301 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): 37-1-131, 37-24-201, 37-24-202, MCA Implementing statute(s): 37-24-103, 37-24-104, 37-24-105, 37-24-106, 37-24-202, MCA History: NEW, 1986 MAR p. 943, Eff. 5/30/86; AMD, 1989 MAR p. 1191, Eff. 8/18/89; AMD, 1994 …

24.165.302 DEFINITIONS For the purpose of this chapter the following definitions apply: "Clinician" means an occupational therapist endorsed by the board to administer topical medications. "Direct supervision" means the supervisor is physically present in the direct treatment are…

24.165.401 FEES Fees adopted by the board under 37-24-310, MCA, are as follows: Applications for licensure registered occupational therapist $190 certified occupational therapist assistant 190 License renewal registered occupational therapist 110 certified occupational therapist …

24.165.402 ABATEMENT OF RENEWAL FEES The Board of Occupational Therapy Practice adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301. Authorizing statute(s): 37-1-131, MCA Implementing statute(s): 17-2-302, 17…

24.165.404 APPLICATIONS FOR LICENSURE (REPEALED) Authorizing statute(s): 37-1-131, 37-24-201, 37-24-202, MCA Implementing statute(s): 37-1-131, 37-24-302, 37-24-303, MCA History: NEW, 1986 MAR p. 943, Eff. 5/30/86; AMD, 1996 MAR p. 2379, Eff. 9/6/96; TRANS, from Commerce, 2004 MA…

24.165.406 MILITARY TRAINING OR EXPERIENCE Pursuant to 37-1-145, MCA, the board shall accept relevant military training, service, or education toward the requirements for licensure as an occupational therapist or occupational therapy assistant. Relevant military training, service…

24.165.407 EXAMINATIONS The board adopts the examination and pass/fail criteria administered through the National Board of Certification in Occupational Therapy (NBCOT). Applicants must ensure that NBCOT forwards examination scores to the board. Authorizing statute(s): 37-1-131, …

24.165.410 PASS-FAIL CRITERIA (REPEALED) Authorizing statute(s): 37-1-131, 37-24-201, 37-24-202, MCA Implementing statute(s): 37-24-304, MCA History: NEW, 1986 MAR p. 943, Eff. 5/30/86; AMD, 1989 MAR p. 1191, Eff. 8/18/89; TRANS, from Commerce, 2004 MAR p. 2280; REP, 2019 MAR p. …

24.165.411 BOARD FILING PRACTICES (REPEALED) Authorizing statute(s): 37-24-201, 37-24-202, MCA Implementing statute(s): 37-24-202, MCA History: NEW, 1986 MAR p. 943, Eff. 5/30/86; AMD, 1996 MAR p. 2379, Eff. 9/6/96; TRANS, from Commerce, 2004 MAR p. 2280; REP, 2019 MAR p. 140, Ef…

24.165.413 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…

24.165.414 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.

24.165.501 SUPERVISION Supervisors shall determine the required level of supervision based on the supervisee's clinical experience, responsibilities, and competence. Occupational therapists do not require supervision except for direct supervision of proctored treatments. Except p…

24.165.502 SUPERVISION - METHODS (REPEALED) Authorizing statute(s): 37-1-131, 37-24-202, MCA Implementing statute(s): 37-1-131, 37-24-103, 37-24-105, 37-24-106, 37-24-107, MCA History: NEW, 1996 MAR p. 2379, Eff. 9/6/96; TRANS, from Commerce, 2004 MAR p. 2280; AMD, 2015 MAR p. 56…

24.165.503 APPROVAL TO USE MODALITIES (REPEALED) Authorizing statute(s): 37-24-202, MCA Implementing statute(s): 37-24-105, 37-24-106, MCA History: NEW, 1994 MAR p. 663, Eff. 4/1/94; TRANS, from Commerce, 2004 MAR p. 2280; REP, 2005 MAR p. 447, Eff. 4/1/05.

24.165.505 DEEP MODALITY ENDORSEMENT (REPEALED) Authorizing statute(s): 37-1-131, 37-24-202, MCA Implementing statute(s): 37-1-131, 37-24-105, 37-24-106, 37-24-107, MCA History: NEW, 2015 MAR p. 56, Eff. 1/30/15; AMD, 2019 MAR p. 1743, Eff. 10/5/19; REP, 2021 MAR p. 1321, Eff. 10…

24.165.506 RECOGNIZED EDUCATIONAL PROGRAMS For licensure as an occupational therapist, the board recognizes those educational programs approved or recognized either by the American Occupational Therapy Association or the American Society of Hand Therapists. Authorizing statute(s)…

24.165.507 STANDARDS OF PRACTICE The board adopts by reference the 2015 American Occupational Therapy Association's Standards of Practice. A copy of these standards is available at aota.org. Authorizing statute(s): 37-24-202, MCA Implementing statute(s): 37-24-105, 37-24-106, MCA…

24.165.508 PERMISSION TO USE ELECTRICAL OR SOUND PHYSICAL AGENTS (REPEALED) Authorizing statute(s): 37-24-202, MCA Implementing statute(s): 37-24-106, MCA History: NEW, 1994 MAR p. 663, Eff. 4/1/94; TRANS, from Commerce, 2004 MAR p. 2280; REP, 2005 MAR p. 447, Eff. 4/1/05.

24.165.509 APPROVED MODALITY INSTRUCTION The board has approved the following sponsors or providers to provide instruction to licensees seeking endorsement to provide superficial physical agent modalities: providers approved or recognized by the American Occupational Therapy Asso…

24.165.510 APPROVED TRAINING Approved training includes proctored sessions provided by example and observation of either: an occupational therapist: approved by the board to administer superficial physical agent modalities and sound and electrical physical agent modalities for io…

24.165.511 DOCUMENTATION OF INSTRUCTION AND TRAINING (REPEALED) Authorizing statute(s): 37-24-201, 37-24-202, MCA Implementing statute(s): 37-24-105, 37-24-106, 37-24-107, MCA History: NEW, 2005 MAR p. 447, Eff. 4/1/05; AMD, 2015 MAR p. 56, Eff. 1/30/15; REP, 2019 MAR p. 1743, Ef…

24.165.513 APPROVAL TO USE SOUND AND ELECTRICAL PHYSICAL AGENT MODALITIES (REPEALED) Authorizing statute(s): 37-1-131, 37-24-201, 37-24-202, MCA Implementing statute(s): 37-24-106, 37-24-107, MCA History: NEW, 2005 MAR p. 447, Eff. 4/1/05; AMD, 2007 MAR p. 1450, Eff. 9/21/07; REP…

24.165.514 ENDORSEMENT TO APPLY TOPICAL MEDICATIONS To obtain an endorsement for the administration or use of topical medications, an occupational therapist shall: complete five hours of instruction or training approved by the board in: principles of topical drug interaction; adv…

24.165.516 USE OF TOPICAL MEDICATIONS Topical medication prescribed for a patient on a specific or standing basis by a licensed medical practitioner with prescriptive authority must be obtained by the patient or an authorized representative from a licensed Montana pharmacy. All p…

24.165.517 PROTOCOLS FOR USE OF TOPICAL MEDICATIONS Only those classes of topical medications approved for use by 37-24-108, MCA, and prescribed for the patient by a licensed medical practitioner with prescriptive authority, may be applied by a clinician to a patient. Each clinic…

24.165.518 DEBRIDING AGENTS PROTOCOLS Within the class of debriding agents, only the following subclasses are approved for use by a clinician on a patient: papain-based ointments; papain with urea additives; anti-inflammatories; collagenases; endogenous platelet-derived growth fa…

24.165.519 ANESTHETIC AGENTS PROTOCOLS Clinicians may use anesthetic agents as directed by a licensed medical practitioner with prescriptive authority. Anesthetic agents act by blocking both the initiation and conduction of nerve impulses by decreasing the neuron membrane's perme…

24.165.520 NONSTEROIDAL ANTI-INFLAMMATORY AGENTS PROTOCOLS Clinicians may use nonsteroidal anti-inflammatory agents as directed by a licensed medical practitioner with prescriptive authority. Nonsteroidal anti-inflammatory agents act by blocking the formation of prostaglandins. N…

24.165.521 ANTISPASMODIC AGENTS PROTOCOLS Clinicians may use antispasmodic agents as directed by a licensed medical practitioner with prescriptive authority. Antispasmodic agents act by forming strong drug-receptor complex at postganglionic parasympathetic neuroeffector sites in …

24.165.522 ADRENOCORTICO-STEROID AGENTS PROTOCOLS Clinicians may use adrenocortico-steroid agents as directed by a licensed medical practitioner with prescriptive authority. Adrenocortico-steroid agents act by diffusing across cell membranes to combine with specific cytoplasmic r…

24.165.523 BACTERICIDAL AGENTS PROTOCOLS Within the class of bactericidal agents, only the following subclasses are approved for use by the clinician on a patient: antibiotic ointments; antimicrobial agents; and bactericidal agents. Clinicians may use antibiotic ointments as dire…

24.165.524 PROTOCOL FOR USE OF AN APPROVED MEDICATION AS A NEUROPATHIC PAIN AGENT Clinicians may use approved topical medications as neuropathic pain agents, when and as directed by a licensed medical practitioner with prescriptive authority. Neuropathic pain agent actions depend…

24.165.525 DOCUMENTING EDUCATION AND COMPETENCE TO PERFORM SOUND AND ELECTRICAL PHYSICAL AGENT MODALITIES -- OUT-OF-STATE PRACTITIONERS (REPEALED) Authorizing statute(s): 37-24-201, 37-24-202, MCA Implementing statute(s): 37-1-304, 37-24-302, 37-24-303, MCA History: NEW, 2005 MAR…

24.165.601 TEMPORARY PRACTICE PERMIT Temporary permit holders shall work under the supervision of an occupational therapist in accordance with ARM 24.165.501. Authorizing statute(s): 37-1-305, 37-1-319, MCA Implementing statute(s): 37-1-319, MCA History: NEW, 1986 MAR p. 943, Eff…

24.165.604 INACTIVE STATUS An active status licensee may convert to inactive status on the renewal form or by informing the board office. Inactive licensees must inform the board of any change of address while on inactive status and must pay the inactive renewal fee annually to a…

24.168.101 BOARD ORGANIZATION The Board of Optometryadopts 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: Eff. 12/31/72; TR…

24.168.201 PROCEDURAL RULES The Board of Optometryadopts 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. 12/31/72; TRANS, f…

24.168.202 PUBLIC PARTICIPATION The Board of Optometryadopts 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, Eff. 11…

24.168.203 BOARD MEETINGS (REPEALED) Authorizing statute(s): 37-10-201, 37-10-202, MCA Implementing statute(s): 37-10-201, MCA History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1993 MAR p. 2…

24.168.2101 CONTINUING EDUCATION REQUIREMENTS – AUDIT Licensed optometrists shall complete 36 hours of approvedcontinuing education (CE) every two years: Up to 12 hours of asynchronous approved CE courses may be counted toward the CE requirement. Up to 4 hours of practice managem…

24.168.2104 APPROVED CONTINUING EDUCATION Continuing education consists of educational activities designed to: review existing concepts and techniques; convey information beyond the basic professional education; and update knowledge on the practice of and advances in optometry. A…

24.168.2115 RENEWALS (REPEALED) Authorizing statute(s): 37-1-141, 37-10-202, MCA Implementing statute(s): 37-1-141, MCA History: NEW, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2015 MAR p. 143, Eff. 2/13/15.

24.168.2301 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…