Title 37, Title 37

The department may adopt rules necessary to carry out active supervision of board actions as provided for in 37-1-121 and 37-1-122.

(1) The department may issue a cease and desist order if the department determines through the receipt of credible evidence that a person is acting, has acted, or is about to act related to a profession or occupation in Title 37: (a) without the license required to practice the p…

(1) In addition to the powers and duties under 2-15-112 and 2-15-121, the commissioner of labor and industry shall: (a) at the request of a party, appoint an impartial hearings examiner to conduct hearings whenever any board or department program holds a contested case hearing. T…

(1) (a) Before making a determination approving or disapproving a board action subject to active supervision as provided in 37-1-121(1)(d), the commissioner of labor and industry shall: (i) notify the affected board and the economic affairs interim committee in writing of the par…

(1) The governor shall appoint the members of a board designated under 2-15-1730 through 2-15-1782 in accordance with this section and with the consent of the senate. (2) (a) The governor has the authority to remove members of the board with reasonable cause, including but not li…

(1) The board shall annually elect a presiding officer and a vice presiding officer to serve in the absence of the presiding officer. The presiding officer shall preside at all meetings of the board and perform duties customarily associated with the position. The presiding office…

(Temporary) Contingent litigation fund -- uses -- fees -- rulemaking authority. (1) There is an account in the state special revenue fund for contingent litigation fees. The money in the account is statutorily appropriated, as provided in 17-7-502, to the department of labor and …

As used in this part, the following definitions apply: (1) "Administrative fee" means a fee established by the department to cover the cost of administrative services as provided for in 37-1-134. (2) "Board" means a licensing board created under Title 2, chapter 15, that regulate…

(1) Under the active supervision of the state as described in 37-1-121(1)(d), a quorum of each board within the department shall: (a) (i) set and enforce standards and adopt and enforce rules governing the licensing, certification, registration, and conduct of the members of the …

Private associations and members of the public may submit to the governor lists of nominees for appointment to professional and occupational licensing and regulatory boards. The governor may consider nominees from the lists when making appointments to such boards.

Unless otherwise provided by law, each member of a board allocated to the department is entitled to receive $100 per day compensation and travel expenses, as provided for in 2-18-501 through 2-18-503, for each day spent on official board business. Board members who conduct offici…

(1) Each board allocated to the department shall set board fees related to its program area that provide the amount of money usually needed for the operation of the board for services, including but not limited to licensing, reciprocity, renewals, applications, inspections, inves…

Any person, firm, corporation, or association that performs background reviews, complaint investigations, or peer reviews pursuant to an agreement or contract with a state professional or occupational licensing board shall make available to the board and the legislative auditor, …

(1) Subject to 37-1-138, each licensing board allocated to the department has the authority, in addition to any other penalty or disciplinary action provided by law, to adopt rules specifying grounds for disciplinary action and rules providing for: (a) revocation of a license; (b…

(1) Unless otherwise provided by law, grounds for disciplinary action by a board allocated to the department of labor and industry against a holder of an occupational or professional license may be, under appropriate circumstances, grounds for either issuance of a probationary li…

(1) For purposes of this section, the following definitions apply: (a) "Activated reservist" means a member of a reserve component who has received federal military orders to report for federal active duty for at least 90 consecutive days. (b) "License" has the meaning provided i…

(1) As used in this section, "boards" means the following boards jointly: (a) board of behavioral health as established in 2-15-1744; (b) board of medical examiners as established in 2-15-1731; (c) board of nursing as established in 2-15-1734; and (d) board of psychologists as es…

(1) The renewal date for a license must be set by department rule. The department shall provide notice prior to the renewal date. (2) To renew a license, a licensee shall submit a completed renewal form, comply with all certification and continuing education requirements as provi…

(1) A licensee or license applicant shall provide the department the licensee's or license applicant's current address and any change of address within 30 days after the change or upon request by the department. (2) If consenting to electronic service under 37-1-309 or 37-1-403, …

(1) The department may issue a provisional license to an applicant whom the department has initially determined to be eligible for licensure, except for one or more of the following pending conditions: (a) passage of the required licensure examination; (b) completion of supervise…

Each board and program shall, upon presentation of satisfactory evidence by an applicant for certification or licensure, accept relevant education, training, or service completed in the armed forces or reserves of the United States or the national guard, military reserves, or nav…

(1) Upon notice and proof of deployment as described in this subsection, the department shall exempt licensees who deployed to federally funded active duty as military personnel for more than 90 consecutive days from: (a) the payment of any license renewal or late renewal fees; a…

(1) A board or program regulated by the department shall issue a license or certificate as provided by Title 37 to a person: (a) who is licensed or certified in good standing in another state or a United States territory to practice a profession or occupation regulated by the dep…

(1) A board or program shall grant a license listed in subsection (3) of this section to a person who completes an apprenticeship program under Title 39, chapter 6, in the relevant occupation or profession. (2) An applicant for licensure through an apprenticeship program shall me…

(1) A contract or agreement provision is void if it prohibits, discourages, or otherwise bars or purports to bar: (a) the filing or pursuing of a complaint allowable under 37-1-308 or 37-1-402; or (b) an individual from participating in or cooperating with an investigation of a c…

(1) A license applicant shall immediately report to the department any action against the applicant that arises while the application is pending and relates to the applicant's qualifications or fitness to practice the profession or occupation. (2) A licensee shall report to the d…

It is the public policy of the legislature of the state of Montana to encourage and contribute to the rehabilitation of criminal offenders and to assist them in the assumption of the responsibilities of citizenship. The legislature finds that the public is best protected when off…

It is the intent of the legislature and the declared policy of the state that occupational licensure be granted or revoked as a police power of the state in its protection of the public health, safety, and welfare.

Criminal convictions shall not operate as an automatic bar to being licensed to enter any occupation in the state of Montana. No licensing authority shall refuse to license a person solely on the basis of a previous criminal conviction; provided, however, where a license applican…

When a licensing agency prohibits an applicant from being licensed wholly or partially on the basis of a criminal conviction, the agency shall state explicitly in writing the reasons for the decision.

Completion of probation or parole supervision without any subsequent criminal conviction is evidence of rehabilitation. However, the facts surrounding the situation that led to the probation or parole supervision may be considered as they relate to the occupation for which a lice…

The purpose of this part is to establish uniform guidelines for the licensing and regulation of professions and occupations under the jurisdiction of professional and occupational licensing boards governed by this part.

As used in this part, the following definitions apply: (1) "Board" means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121. (2) "Complaint" means a written…

This part governs the licensure, the practice and unauthorized practice, and the discipline of professions and occupations governed by this title unless otherwise provided by statutes relating to a specific board and the profession or occupation it regulates. The provisions of th…

(1) Except as provided in 37-1-147, an applicant for licensure by endorsement must have an active license in good standing from a jurisdiction whose license qualifications, measured at the time of application to this state, are substantially equivalent to the license qualificatio…

(1) A board may require licensees to participate in flexible, cost-efficient, effective, and geographically accessible continuing education or continued state, regional, or national certification for licensure. (2) A board that requires continuing education or state, regional, or…

(1) A board may: (a) hold hearings as provided in this part; (b) issue subpoenas requiring the attendance of witnesses or the production of documents and administer oaths in connection with investigations and disciplinary proceedings under this part. Subpoenas must be relevant to…

(1) Except as provided in subsections (4) and (5), a person, government, or private entity may submit a written complaint to the department charging a licensee or license applicant with a violation of this part and specifying the grounds for the complaint. (2) (a) If the departme…

(1) If a reasonable cause determination is made pursuant to 37-1-307 that a violation of this part has occurred and the provisions of 37-1-321 do not apply, a notice must be prepared by department legal staff and served on the alleged violator. The notice may not allege a violati…

The procedures in Title 2, chapter 4, governing adjudicative proceedings before agencies; the Montana Rules of Civil Procedure; and the Montana Rules of Evidence govern a hearing under this part. A board has all the powers and duties granted by Title 2, chapter 4.

(1) If the board decides by a preponderance of the evidence, following a hearing or on default, that a violation of this part occurred, the department shall prepare and serve the board's findings of fact and an order as provided in Title 2, chapter 4. If the licensee or license a…

(1) On a decision that a licensee or license applicant has committed unprofessional conduct as provided in 37-1-316, or on stipulation of the parties, the board may order one or any combination of the following sanctions that are necessary to protect the public: (a) revocation of…

(1) A person who is disciplined by a board under 37-1-308 through 37-1-312 or denied a license may appeal the decision to the district court as provided in Title 2, chapter 4. (2) A person who disputes the department's deficiency determination made pursuant to 37-1-321 may appeal…

(1) Unless a board orders a permanent revocation, a licensee whose license has been revoked may petition the board for reinstatement after an interval set by the board in the order. The board may hold a hearing on the petition and may deny the petition or order reinstatement and …

(1) If payment of a fine is included in an order and timely payment is not made as directed in the order, the board may enforce the order for payment in the district court of the first judicial district. (2) In a proceeding for enforcement of an order of payment of a fine, the or…

(1) The following is unprofessional conduct for a licensee or license applicant governed by this part: (a) subject to Title 37, chapter 1, part 2, having a conviction, including a conviction following a plea of nolo contendere, of a crime relating to or committed during the pract…