Montana Administrative Code

24.213.201 PROCEDURAL RULES The Boardof Respiratory Care Practitionersadopts 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…

24.213.202 PUBLIC PARTICIPATION The Boardof Respiratory Care Practitionersadopts and incorporates the 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 …

24.213.2101 CONTINUING EDUCATION REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, MCA Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, 37-1-319, 37-1-321, MCA History: NEW, 1992 MAR p. 913, Eff. 5/1/92; AMD, 1993 MAR p. 2125, Eff. 9/17/93; AMD,…

24.213.2104 ACCEPTABLE CONTINUING EDUCATION (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, MCA History: NEW, 1992 MAR p. 913, Eff. 5/1/92; AMD, 1994 MAR p. 3093, Eff. 12/9/94; AMD, 1997 MAR p. 542, Eff.…

24.213.2107 TRADITIONAL EDUCATION BY NONSPONSORED ORGANIZATIONS -- CATEGORY II (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, MCA History: NEW, 1992 MAR p. 913, Eff. 5/1/92; AMD, 1994 MAR p. 3093, Eff. 12/9/94; TR…

24.213.2111 TEACHING -- CATEGORY III (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-28-104, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, MCA History: NEW, 1992 MAR p. 913, Eff. 5/1/92; AMD, 1994 MAR p. 3093, Eff. 12/9/94; TRANS, from Commerce, 2003 MAR p.…

24.213.2114 PAPERS, PUBLICATIONS, JOURNALS, EXHIBITS, VIDEOS, INDEPENDENT STUDY, AND COLLEGE COURSE WORK -- CATEGORY IV (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-28-104, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, MCA History: NEW, 1992 MAR p. 913, …

24.213.2121 WAIVER OF CONTINUING EDUCATION REQUIREMENT (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, MCA History: NEW, 1992 MAR p. 913, Eff. 5/1/92; AMD, 1994 MAR p. 3093, Eff. 12/9/94; TRANS, from Com…

24.213.2130 CONTINUING EDUCATION Each respiratory care practitioner must obtain 12 continuing education (CE) units in the preceding 12 months, by the renewal deadline in ARM 24.101.413. One CE unit is equal to 50 minutes of instruction or coursework or as designated by the CE pro…

24.213.2301 UNPROFESSIONAL CONDUCT (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-28-104, MCA Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, MCA History: NEW, 1992 MAR p. 913, Eff. 5/1/92; AMD, 1997 MAR p. 542, Eff. 3/25/97; AMD, 1998 MAR p. 2276, Ef…

24.213.2310 UNPROFESSIONAL CONDUCT In addition to the provisions of 37-1-316, MCA, it is unprofessional conduct for respiratory care practitioners to: violate a federal, state, or local law or rule relating to the conduct of the profession; fail to cooperate with or respond to a …

24.213.301 DEFINITIONS "Clinical supervision" means the availability of a licensed respiratory care practitioner for purposes of immediate communication and consultation. "Emergency procedures" per 37-28-102, MCA, includes, but is not limited to, physician-approved protocols rela…

24.213.401 FEE SCHEDULE The following fees are adopted: Application fee$50 License fee 50 Renewal fee (annual) 75 Additional standardized fees are specified in ARM 24.101.403. Authorizing statute(s): 37-1-131, 37-1-134, 37-28-104, MCA Implementing statute(s): 37-1-134, 37-1-141, …

24.213.402 APPLICATION FOR LICENSURE (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-28-104, MCA Implementing statute(s): 37-1-101, 37-1-104, 37-1-131, 37-1-134, 37-1-141, 37-28-201, 37-28-202, MCA History: NEW, 1992 MAR p. 913, Eff. 5/1/92; AMD, 1993 MAR p. 2125, Eff.…

24.213.403 ABATEMENT OF RENEWAL FEES The board 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, 17-2-303, 37-1-134, MCA History: NE…

24.213.405 TEMPORARY PERMIT (REPEALED) Authorizing statute(s): 37-28-104, MCA Implementing statute(s): 37-1-305, 37-28-206, MCA History: NEW, 1992 MAR p. 913, Eff. 5/1/92; AMD, 1993 MAR p. 2125, Eff. 9/17/93; AMD, 1997 MAR p. 542, Eff. 3/25/97, TRANS, from Commerce, 2003 MAR p. 1…

24.213.406 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…

24.213.407 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.

24.213.408 EXAMINATION Respiratory care practitioner applicants must pass the National Board for Respiratory Care certification examination for entry-level respiratory therapy practitioners. Authorizing statute(s): 37-1-131, 37-28-104, MCA Implementing statute(s): 37-1-131, 37-28…

24.213.410 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. 1264, Eff. 6/13/14; REP, 2024 MAR p. 1470, Eff. 6/22/24.

24.213.412 RENEWALS (REPEALED) Authorizing statute(s): 37-1-131, 37-28-104, MCA Implementing statute(s): 37-1-131, 37-1-141, MCA History: NEW, 1992 MAR p. 913, Eff. 5/1/92; AMD, 1993 MAR p. 2125, Eff. 9/17/93; AMD, 1997 MAR p. 542, Eff. 3/25/97; AMD, 2000 MAR p. 1039, Eff. 4/28/0…

24.213.415 INACTIVE STATUS (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-28-104, MCA Implementing statute(s): 37-1-131, 37-1-319, MCA History: NEW, 1997 MAR p. 542, Eff. 3/25/97; AMD, 2000 MAR p. 1039, Eff. 4/28/00; TRANS, from Commerce, 2003 MAR p. 1286; A…

24.213.421 BOARD SEAL (REPEALED) Authorizing statute(s): 37-28-103, 37-28-104, MCA Implementing statute(s): 37-28-103, MCA History: NEW, 1992 MAR p. 913, Eff. 5/1/92; TRANS, from Commerce, 2003 MAR p. 1286; REP, 2015 MAR p. 1201, Eff. 8/14/15.

24.213.423 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, …

24.213.501 INSTITUTIONAL GUIDELINES CONCERNING EDUCATION AND CERTIFICATION -- WHEN REQUIRED (REPEALED) Authorizing statute(s): 37-1-131, 37-28-104, MCA Implementing statute(s): 37-28-101, 37-28-102, MCA History: NEW, 2005 MAR p. 453, Eff. 4/1/05; REP, 2015 MAR p. 22, Eff. 1/16/15…

24.213.502 TRAINING–CONSCIOUS SEDATION (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-28-104, MCA Implementing statute(s): 37-1-131, 37-28-101, 37-28-102, MCA History: NEW, 2015 MAR p. 22, Eff. 1/16/15; REP, 2024 MAR p. 1470, Eff. 6/22/24.

24.213.504 AUTHORIZATION TO PERFORM PULMONARY FUNCTION TESTING Licensees may perform pulmonary function testing if the individual has passed any one of the following certification or registry examinations: entry level respiratory therapist (CRT); advanced level respiratory therap…

24.216.101 BOARD ORGANIZATION (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, Eff. 2/4/75; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1499; AMD, 2023 MAR p. 300, E…

24.216.201 PROCEDURAL RULES (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, Eff. 2/4/75; AMD, Eff. 12/4/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1499; AMD, 2…

24.216.202 PUBLIC PARTICIPATION (REPEALED) Authorizing statute(s): 2-3-103, MCA Implementing statute(s): 2-3-103, MCA History: NEW, Eff. 2/4/75; AMD, Eff. 12/4/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1499; AM…

24.216.2101 RENEWAL (REPEALED) Authorizing statute(s): 37-1-141, 37-40-203, MCA Implementing statute(s): 37-1-141, MCA History: NEW, 1996 MAR p. 1965, Eff. 7/19/96; TRANS, from Commerce, 2002 MAR p. 1499; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2018 MAR p. 2054, Eff. 10/20/18.…

24.216.2102 CONTINUING EDUCATION (REPEALED) Authorizing statute(s): 37-1-319, 37-40-203, MCA Implementing statute(s): 37-1-306, 37-40-203, MCA History: NEW, 1992 MAR p. 1613, Eff. 7/31/92; AMD, 1998 MAR p. 1718, Eff. 6/12/98; TRANS, from Commerce, 2002 MAR p. 1499; AMD, 2011 MAR …

24.216.2104 INACTIVE STATUS AND CONVERSION FROM INACTIVE TO ACTIVE STATUS (REPEALED) Authorizing statute(s): 37-1-319, 37-40-203, MCA Implementing statute(s): 37-1-319, 37-40-301, 37-40-302, MCA History: NEW, 2011 MAR p. 749, Eff. 5/13/11; AMD, 2018 MAR p. 2054, Eff. 10/20/18; RE…

24.216.2301 UNPROFESSIONAL CONDUCT (REPEALED) Authorizing statute(s): 37-1-319, 37-40-203, MCA Implementing statute(s): 37-1-316, 37-1-319, 37-40-203, MCA History: NEW, Eff. 2/4/75; AMD, 1980 MAR p. 661, Eff. 2/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Ef…

24.216.401 BOARD MEETINGS (REPEALED) Authorizing statute(s): 37-40-203, MCA Implementing statute(s): 37-40-201, MCA History: NEW, Eff. 2/4/75; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 1965, Eff. 7/19/96; TRANS, from Commerce, 2002 …

24.216.402 FEE SCHEDULE (REPEALED) Authorizing statute(s): 37-1-134, 37-40-203, MCA Implementing statute(s): 37-1-134, 37-1-141, 37-40-301, 37-40-302, MCA History: NEW, 1985 MAR p. 1239, Eff. 8/30/85; AMD, 1990 MAR p. 225, Eff. 1/26/90; AMD, 1992 MAR p. 1613, Eff. 7/31/92; AMD, 1…

24.216.403 SEAL OF THE BOARD (REPEALED) Authorizing statute(s): 37-40-203, MCA Implementing statute(s): 37-40-203, MCA History: NEW, Eff. 2/4/75; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 1965, Eff. 7/19/96; TRANS, from Commerce, 20…

24.216.501 APPLICATIONS (REPEALED) Authorizing statute(s): 37-40-203, MCA Implementing statute(s): 37-40-301, 37-40-302, MCA History: NEW, 1996 MAR p. 1965, Eff. 7/19/96; TRANS, from Commerce, 2002 MAR p. 1499; AMD, 2011 MAR p. 749, Eff. 5/13/11; REP, 2018 MAR p. 2054, Eff. 10/20…

24.216.502 MINIMUM STANDARDS FOR SANITARIANS AND SANITARIANS-IN-TRAINING (REPEALED) Authorizing statute(s): 37-1-131, 37-40-203, MCA Implementing statute(s): 37-40-302, MCA History: NEW, Eff. 2/4/75; AMD, 1980 MAR p. 661, Eff. 2/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch…

24.216.503 EXAMINATION (REPEALED) Authorizing statute(s): 37-1-131, 37-40-203, MCA Implementing statute(s): 37-1-131, 37-40-302, MCA History: NEW, 1996 MAR p. 1965, Eff. 7/19/96; AMD, 1999 MAR p. 278, Eff. 2/12/99; TRANS, from Commerce, 2002 MAR p. 1499; AMD, 2007 MAR p. 1817, Ef…

24.216.506 SANITARIAN-IN-TRAINING (REPEALED) Authorizing statute(s): 37-1-131, 37-40-203, MCA Implementing statute(s): 37-1-131, 37-40-101, 37-40-203, MCA History: NEW, 1992 MAR p. 1613, Eff. 7/31/92; AMD, 1996 MAR p. 2578, Eff. 7/19/96; AMD, 1999 MAR p. 278, Eff. 2/12/99; TRANS,…

24.216.508 MILITARY TRAINING OR EXPERIENCE (REPEALED) Authorizing statute(s): 37-1-145, MCA Implementing statute(s): 37-1-145, MCA History: NEW, 2014 MAR p. 975, Eff. 5/9/14; REP, 2024 MAR p. 136, Eff. 1/27/24.

24.216.511 NONROUTINE APPLICATIONS (REPEALED) 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; REP, 2024 MAR p. 136, Eff. 1/27/24.

24.216.512 APPLICANTS WITH CRIMINAL CONVICTIONS (REPEALED) 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; REP, 2024 MAR p. 136, Eff. 1/27/24.

24.217.2301 UNPROFESSIONAL CONDUCT In addition to the provisions of 37-1-410, MCA, it is unprofessional conduct for registered sanitarians and sanitarians-in-training to: violate a federal, state, or local law or rule relating to the conduct of the profession; fail to cooperate w…

24.217.401 FEE SCHEDULE Application $200 Renewal175 Additional standardized fees are in ARM 24.101.403. All fees are nonrefundable. Authorizing statute(s): 37-40-203, MCA Implementing statute(s): 37-40-301, 37-40-302, MCA History: NEW, 2024 MAR p. 136, Eff. 1/27/24.

24.217.501 EXAMINATION Sanitarian applicants must pass the National Environmental Health Association (NEHA) examination or its equivalent. Authorizing statute(s): 37-40-203, MCA Implementing statute(s): 37-40-302, MCA History: NEW, 2024 MAR p. 136, Eff. 1/27/24.

24.217.504 EDUCATION EQUIVALENCY An equivalent degree per 37-40-302, MCA, is a bachelor's degree from an accredited college or university having a minimum of 45 quarter or 30 semester hours in the physical and biological sciences, including courses in chemistry, biology, and at l…

24.217.508 SANITARIAN-IN-TRAINING Applicants meeting all licensure qualifications except for the approved microbiology course perARM 24.217.504will be issued a sanitarian-in-training permit and must pass the microbiology course during the one-year permit period. Sanitarians-in-tr…