Title 37, Title 37

(1) Notwithstanding any provision of state law dealing with confidentiality, each licensee, any professional standards review organization, any professional association, and any other person may report to the licensee's respective board that a licensee is physically or mentally i…

With the exception of the first two violations of hospital policies related to charts, medical records, or other policies not directly associated with the clinical care of a patient, each hospital or health care facility that prohibits or limits the privilege of a physician to pr…

A person, organization, association, society, or health care facility that in good faith provides information to the state board of medical examiners as required by 37-2-703 is not subject to suit for civil damages as a result of providing information.

The willful failure of any person, organization, association, society, or health care facility to comply with 37-2-703 is grounds for suspension of a license or privilege granted by the state of Montana. The agency granting the license or privilege may, in its discretion, suspend…

It is hereby declared, as a matter of legislative policy in the state of Montana, that the practice of medicine within the state of Montana is a privilege granted by the legislative authority and is not a natural right of individuals and that it is deemed necessary, as a matter o…

Unless the context requires otherwise, in this chapter, the following definitions apply: (1) "ACGME" means the accreditation council for graduate medical education. (2) "AOA" means the American osteopathic association. (3) "Approved medical school" means a school that either is a…

(1) This chapter does not prohibit or require a license with respect to any of the following acts: (a) the gratuitous rendering of services in cases of emergency or catastrophe; (b) the rendering of services in this state by a physician lawfully practicing medicine in another sta…

(1) The board shall adopt guidelines by administrative rule for: (a) the performance of administrative and clinical tasks by a medical assistant that are allowed to be delegated by a physician, physician assistant, or podiatrist, including the administration of medications; and (…

The board shall maintain reasonable and continuing supervision and surveillance over all licensees under this chapter to ensure that such licensees maintain standards of conduct and exercise the privileges granted hereunder in the greatest public interest and to carry out the pur…

(1) The board may: (a) adopt rules necessary or proper to carry out the requirements in this chapter and of chapters covering podiatry, physician assistants, and nutritionists as set forth in Title 37, chapters 6, 20, and 25, respectively. (b) hold hearings and take evidence in m…

The board shall hold meetings for business properly before the board at least twice annually at times and places set by the board. The president of the board may call special meetings that the president considers advisable or necessary.

The department shall keep a record of the board's proceedings and also records of applicants for licenses and a register of licenses. The register is prima facie evidence of the matters contained in it.

Each member of the board of medical examiners shall receive compensation and travel expenses as provided for in 37-1-133.

To perform services to the board in connection with the board's duties under this chapter, assist in prosecution and matters of license discipline, and administer the board's affairs, the department shall hire an executive officer.

(1) Before being issued a license, an applicant may not engage in the practice of medicine in this state. (2) The department may issue two kinds of licenses, a physician's license and a resident license. (3) The board shall provide guidelines by administrative rule for the practi…

A physician's license authorizes the holder to perform one or more of the acts covered by the practice of medicine, as defined in 37-3-102, in a manner consistent with the holder's training, skill, and experience.

(1) Except as provided in subsection (2), the board shall grant a physician's license to practice medicine in this state to an applicant who: (a) is of good moral character as determined by the board; (b) is a graduate of an approved medical school as defined in 37-3-102; (c) pos…

(1) The board may authorize the department to issue a resident license to practice medicine to an applicant who: (a) is in good standing: (i) in a Montana residency program and is seeing patients under the supervision of a physician who possesses a current, unrestricted license t…

(1) Each applicant shall pay an initial application fee as prescribed by the board. (2) A license tax may not be imposed upon physicians by a municipality or any other subdivision of the state.

A person desiring a license to practice medicine shall apply to the department on an approved form. The application must be accompanied by the license fee and documents, affidavits, and certificates necessary to establish that the applicant possesses the qualifications prescribed…

If the board determines that an applicant possesses the qualifications required by this chapter, the department shall issue a license to practice medicine.

A license or renewal fee may not be imposed on a licensee under this chapter by a municipality or any other subdivision of the state.

Money received under this chapter by the department shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6). In the case of a deficiency, the reserves in this account in the state special revenue fund may be used, on approval by the d…

If the board determines that an applicant for a license to practice medicine does not possess the qualifications or character required by this chapter or that the applicant has committed unprofessional conduct, the board may deny the license.

(1) The department may investigate whenever the department learns of a reason to suspect that a license applicant or a person having a license to practice medicine in this state: (a) is mentally or physically unable to safely engage in the practice of medicine, has procured a lic…

(1) For the purpose of this section, "written informed consent" means an agreement in writing that is freely executed by the patient that certifies that full disclosure has been made to the patient about: (a) the full range of efficacious medical treatment alternatives that may b…

The Interstate Medical Licensure Compact is enacted into law and entered into with all other jurisdictions joining in the compact in the form substantially as follows: SECTION 1PURPOSE In order to strengthen access to health care, and in recognition of the advances in the deliver…

The governor shall appoint members of the board of medical examiners or the board's executive officer to serve as commissioners on the interstate medical licensure compact commission provided for in 37-3-356.

This part may be cited as the "Montana Health Corps Act".

The purposes of this part are to: (1) provide outpatient care to eligible individuals by physicians at affordable prices; (2) keep the elderly or infirm in their homes longer; and (3) provide home health care visits for patients who have difficulty in traveling.

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Eligible individual" means an individual who is: (a) enrolled in the medicare program; (b) enrolled in the medical assistance program provided for in Title 53, chapter 6; or (c) uni…

A physician who is properly licensed and in good standing in Montana may participate in the health corps provided for in this part on: (1) payment of a fee established by the board by rule; and (2) providing a listing of clinical services offered by the applicant and the location…

(1) Physicians or health care facilities may refer medicare or medicaid patients to the health corps program. (2) A health corps member may make home visitations to eligible individuals for the purpose of providing health care to the individuals. (3) A health corps member may cha…

A physician who renders health care within the scope of the physician's license to a patient under this part is not liable to a patient or other person for civil damages resulting from the rendering of the care unless the damages were the result of gross negligence or willful or …

The board may take disciplinary action against a physician participating in the health corps program as provided in Title 37 and may terminate a physician's participation in the health corps program based upon the disciplinary action.

(1) Subject to 37-1-121, the board may procure a malpractice insurance policy to provide coverage for health corps members. The coverage: (a) may not cover any services: (i) performed by a physician who has not paid the fee required under 37-3-804 to participate in the Montana He…

(1) Unless the context requires otherwise, in this chapter, the following definitions apply: (a) "Board" means the board of dentistry provided for in 2-15-1732. (b) "Deep sedation" means a drug-induced depression of consciousness during which patients cannot be easily aroused but…

Except for the provisions in 37-4-104, appending the word "dentist" or the letters "D.D.S.", "D.M.D.", or similar letters to a person's name on a door or a sign, in a printed or published form, or in any other type of advertisement is prima facie evidence that the person is engag…

(1) A dental laboratory or dental technician is not practicing dentistry under this chapter when engaged in the construction, making, alteration, or repairing of bridges, crowns, dentures, or other prosthetic appliances, surgical appliances, or orthodontic appliances if the casts…

(1) For the purpose of selling or otherwise disposing of a deceased or a disabled licensee's dental practice and for a period not to exceed 12 months, a person who is not licensed to practice dentistry but who is the personal representative of the estate of a deceased dentist or …

(1) The board shall meet at least once each year in this state at the call of the president and secretary-treasurer. Five days' notice must be given by the department to board members of the time and place of the meeting of the board. (2) Meetings held for the purpose of examinin…

The board may affiliate with the national association as an active member, pay regular annual dues to the association, and send delegates to the meetings of the association.

The board may adopt, amend, or repeal rules necessary for the implementation, continuation, and enforcement of this chapter in accordance with the Montana Administrative Procedure Act. Rules adopted under this section may include but are not limited to the following subjects: (1)…

Applicants for licensure shall submit an application that must include, when required: (1) certification of successful completion of the national board examination; (2) certification of successful completion of a regional board examination; (3) three affidavits of good moral char…

In determining what constitutes a recognized dental college, the board shall be guided by the standards, canons, and practices required for recognition by the commission on dental accreditation. In determining what constitutes a recognized dental hygiene school, the board shall r…

A unit of local government, including those exercising self-government powers, may not impose a license fee on a dentist licensed under this chapter.