Title 37, Title 37

This chapter may be cited as the "Direct-Entry Midwifery Licensing Act".

The legislature finds and declares that because the practice of direct-entry midwifery affects the lives of the people of this state and because some Montanans may exercise their right to give birth where and with whom they choose, it is the purpose of this chapter to provide for…

As used in this chapter, the following definitions apply: (1) "Apprentice" means a person who is working under the supervision of a licensed direct-entry midwife and is seeking licensure as a direct-entry midwife under this chapter. (2) "Board" means the alternative health care b…

This chapter does not limit or regulate the practice of a licensed physician, certified nurse-midwife, or licensed emergency care provider. The practice of direct-entry midwifery does not constitute the practice of medicine, certified nurse-midwifery, or emergency medical care to…

(1) The board shall: (a) meet at least once annually, and at other times as agreed on, to elect officers and to perform the duties described in Title 37, chapter 1, and this section; and (b) administer oaths, take affidavits, summon witnesses, and take testimony as to matters wit…

Except as otherwise provided by law, parents have a right to give birth where and with whom they choose.

(1) To be eligible for a license as a direct-entry midwife, an applicant: (a) must possess a high school diploma or its equivalent; (b) must be of good moral character and be at least 21 years of age; (c) shall satisfactorily complete educational requirements in pregnancy and nat…

(1) An examination for a license to practice direct-entry midwifery must be prepared by a national testing agency approved by the board. (2) Examinations must be conducted once each year, be fair and impartial, and be sufficiently comprehensive to adequately test the applicant's …

(1) Except as provided in subsection (4), an applicant for a license as a direct-entry midwife shall pass a qualifying, written examination, prescribed by the board, that is designed to test knowledge of theory regarding pregnancy and childbirth and to test clinical judgment in m…

(1) An applicant for a direct-entry midwife license shall, upon submitting an application to the board, pay an application fee set by the board. (2) Before a license may be issued or renewed, an applicant shall pay a fee set by the board. (3) Fees are nonrefundable.

(1) A direct-entry midwife licensed under this chapter may use the term "licensed midwife" or "direct-entry midwife" as a title. (2) Only a direct-entry midwife licensed under this chapter may use the title "licensed midwife" or "direct-entry midwife". (3) The terms and titles in…

It is unlawful for a person to practice direct-entry midwifery in this state without first obtaining a license under this chapter.

(1) Except as provided in subsections (2) and (3), a licensed direct-entry midwife may not dispense or administer prescription drugs. (2) A licensed direct-entry midwife who has successfully completed accredited courses in pharmacology and intravenous therapy approved by the boar…

A licensed direct-entry midwife may not perform any operative or surgical procedures except for an episiotomy and simple surgical repair of an episiotomy or simple second-degree lacerations.

A licensee may not disclose any information acquired from clients during consultation in a professional capacity except: (1) with the written consent of the client or, in the case of the client's death or mental incapacity, with the written consent of the client's personal repres…

(1) Prior to accepting a woman for care, a licensed direct-entry midwife shall first obtain written, informed consent from the woman. (2) Informed consent must be evidenced by a written statement, in a form prescribed by the board and signed by the direct-entry midwife and the wo…

In addition to meeting the eligibility criteria for client screening established by the board pursuant to 37-27-105, a direct-entry midwife shall recommend that patients secure the following services by an appropriate health care provider: (1) the standard serological test, as de…

A licensed direct-entry midwife shall advise all women accepted for midwifery care to consult with a physician or certified nurse-midwife at least twice during the pregnancy.

(1) A licensed direct-entry midwife shall submit semiannually to the board, on forms supplied by the board, a summary report on each patient who was given care. The report must include vital statistics on each patient and information on the procedures and scope of care administer…

(1) When a birth occurs with a licensed direct-entry midwife in attendance, the direct-entry midwife shall prepare and file a birth certificate, as required by 50-15-221, with the department of public health and human services. (2) Failure of a direct-entry midwife to prepare and…

As used in this chapter, the following definitions apply: (1) "Board" means the board of allied health care professionals established in 2-15-1752. (2) "Qualified medical direction" means the direction of: (a) a medical director of an inpatient or outpatient respiratory care serv…

(1) Except as otherwise provided in this chapter, a person may not practice respiratory care or represent to the public that the person is a respiratory care practitioner unless licensed under the provisions of this chapter. (2) This chapter does not prohibit: (a) the practice of…

(1) To be eligible for licensure by the board as a respiratory care practitioner, an applicant must: (a) have completed high school or the equivalent; (b) have completed a respiratory care educational program accredited or provisionally accredited by the American medical associat…

(1) The board shall require each applicant for licensure as a respiratory care practitioner to submit a full set of the applicant's fingerprints to the board for the purpose of obtaining a state and federal criminal history background check. (2) Each license applicant is responsi…

The Respiratory Care Interstate Compact is enacted into law and entered into with all other jurisdictions joining in the compact in the form substantially as follows: SECTION 1 TITLE AND PURPOSE (1) The purpose of this compact is to facilitate the interstate practice of respirato…

This chapter may be cited as the "Freedom of Choice in Denture Services Act of 1984".

As used in this chapter, unless the context requires otherwise, the following definitions apply: (1) "Board" means the state board of dentistry provided for in 2-15-1732. (2) "Denture" means any removable full or partial upper or lower prosthetic dental appliance to be worn in th…

A licensed denturist may enter into any lawful agreement with a dentist regarding fees, compensation, and business association.

Notwithstanding any provision of any policy of insurance covering health, whenever such policy provides for reimbursement for any service that is within the lawful scope of practice of a denturist, the insured under such policy is entitled to reimbursement for such service, wheth…

To the extent that they do not conflict with the provisions of this chapter, the provisions of chapter 1 of this title and Title 2, chapters 4 and 15, apply to the powers and duties of the department and the board.

The board has the following powers and duties: (1) determination of the qualifications of applicants for licensure under this chapter; (2) administration of examinations for licensure under this chapter; (3) collection of fees and charges prescribed in this chapter; (4) issuance,…

A person shall hold a license for the practice of denturitry in order to perform the following acts: (1) engaging or offering to engage in the practice of denturitry; or (2) use in connection with the person's name the word or letters "denturist", "L.D.", or any other words, lett…

The provisions of this chapter do not apply to: (1) a person interning under the direct supervision of a licensed denturist as required by 37-29-303(2), provided that a denturist may not supervise more than one intern at any one time; (2) the practice of dentistry or medicine by …

Upon application and payment of the appropriate fee, the board shall issue a license to practice denturitry to any applicant who meets the following criteria and scores a passing grade on the examination for licensure: (1) documentation that the applicant has completed formal tra…

(1) A denturist license is valid for a period established by department rule. A denturist shall submit proof that the denturist holds a current cardiopulmonary resuscitation card. (2) An application must be submitted on a form furnished by the department. Each application must in…

Each denturist shall comply with the following standards of practice: (1) Each licensed denturist shall carry a current cardiopulmonary resuscitation card. (2) Teeth and materials used must meet American dental association standards. (3) Nonmetal full dentures must be permanently…

No licensed denturist may: (1) extract or attempt to extract teeth; (2) initially insert immediate dentures in the mouth of the intended wearer; (3) diagnose or treat any abnormalities, except that a licensed denturist may apply tissue conditioning agents; (4) recommend any presc…

(1) Prior to making and fitting a partial denture, a denturist shall: (a) formulate a study model of the intended denture; (b) refer the patient to a dentist, together with the model for tooth cleaning, mouth preparation, and x-rays, as needed; and (c) make the partial denture an…

Denturist services must be unconditionally guaranteed for a period of not less than 90 days.

A person may not represent or hold out to the public that the person is a denturist or is practicing denturitry unless licensed under this chapter.

Unless the context requires otherwise, in this chapter the following definitions apply: (1) "Affiliated" is an individual who owns more than 20% of or is employed 32 hours or more weekly at a school licensed under this chapter. (2) "Barber" means a person licensed under this chap…

The provisions of this chapter do not prohibit: (1) service in case of emergency or domestic administration without compensation; (2) services by persons authorized under the laws of this state to practice dentistry, the healing arts, or mortuary science; (3) barbering, cosmetolo…

It is a matter of legislative policy in the state of Montana that the practice of barbering, barbering nonchemical, cosmetology, electrology, esthetics, and manicuring affects the public health, safety, and welfare and is subject to regulation and control in order to protect the …

Each member of the board is entitled to receive compensation and travel expenses as provided for in 37-1-133.

The board shall, by notice, hearing, and submission of views, adopt rules for: (1) the conduct of board business; (2) the qualification and licensure of applicants to practice or teach under this chapter; (3) the regulation and instruction of students; (4) the conduct of schools …

The board, subject to the approval of the department of public health and human services, shall prescribe sanitary rules that it considers necessary, with particular reference to the precautions necessary to be employed to prevent the creation and spread of infectious and contagi…