SECTIONS 37-60-315 AND 37-60-406, MCA.
AN ACT REVISING PROFESSIONAL AND OCCUPATIONAL LICENSING LAWS; CREATING EMERITUS STATUS FOR ARCHITECTS; CREATING A RETIREMENT LICENSE FOR PLUMBERS; REVISING THE BOARD OF REALTY REGULATION; REVISING THE BOARD OF PRIVATE SECURITY PATROL OFFICERS AND INVESTIGATORS; CLARIFYING THE DEFINITION OF "LICENSE"; PROVIDING BOARDS WITH PERMISSION TO REQUIRE STATE, REGIONAL, OR NATIONAL CERTIFICATION; EXPANDING THE UNPROFESSIONAL CONDUCT DESCRIPTION; ADDING ELEVATOR CONTRACTORS, MECHANICS, AND INSPECTORS TO THOSE COVERED BY THE UNPROFESSIONAL CONDUCT STATUTE; ADDING NATUROPATHIC PHYSICIAN, PHYSICIAN ASSISTANT, AND OPTOMETRIST TO DEFINITIONS RELATING TO NURSING; REMOVING THE OATH REQUIREMENT TO APPLY FOR A LICENSE AS A NURSE; CLARIFYING APPLICATION REQUIREMENTS FOR OPTOMETRISTS; CLARIFYING THE APPLICATION PROCESS FOR SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS; CLARIFYING TRAINEE LICENSE TERMS FOR HEARING AID DISPENSERS; REVISING TERMS FOR A VETERINARY LICENSE; REVISING RULEMAKING AUTHORITY FOR THE BOARD OF ALTERNATIVE HEALTH CARE; CLARIFYING LICENSING PROCEDURE FOR NATUROPATHIC PHYSICIANS; REVISING DISTRIBUTION OF CERTAIN LICENSEE FEES FOR OUTFITTERS; CLARIFYING CONDITIONS FOR DENYING, SUSPENDING, OR REVOKING AN OUTFITTER'S, GUIDE'S, OR PROFESSIONAL GUIDE'S LICENSE; REQUIRING PUBLICATION OF A LIST OF LICENSED OUTFITTERS; PROVIDING PENALTIES FOR NONCOMPLIANCE BY REAL ESTATE BROKERS OR PROPERTY MANAGERS WITH TRUST ACCOUNT PROVISIONS; CREATING ENDORSEMENT PROVISIONS FOR A SUPERVISING REAL ESTATE BROKER; CREATING A TEMPORARY LICENSE FOR ELEVATOR INSPECTORS; REVISING THE NAME OF AMBULATORY SURGICAL FACILITIES; PROVIDING ACUPUNCTURISTS WITH LIEN RIGHTS; AMENDING SECTIONS 2-15-1757, 2-15-1781, 25-1-1104, 33-36-103, 37-1-130, 37-1-131, 37-1-302, 37-1-401, 37-1-410, 37-8-102, 37-8-405, 37-8-415, 37-10-302, 37-15-302, 37-16-405, 37-18-306, 37-26-201, 37-26-403, 37-47-318, 37-47-341, 37-51-102, 37-51-301, 37-51-302, 37-60-101, 37-60-103, 37-60-202, 37-60-301, 37-60-302, 37-60-303, 37-60-304, 37-60-309, 37-60-310, 37-60-314, 37-60-402, 37-60-403, 37-60-409, 37-73-208, 50-32-314, 71-3-1111, 71-3-1112, 71-3-1113, 71-3-1114, 71-3-1115, 71-3-1117, AND 71-3-1118, MCA; AND REPEALING SECTIONS 37-60-315 AND 37-60-406, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Emeritus status. (1) A licensee who no longer practices architecture may apply to the department for emeritus status.
(2) Upon receiving an application for emeritus status accompanied by the fee established by the board, the department shall issue a license of emeritus status to the applicant and record the applicant's name in the appropriate database as an emeritus licensee, along with the date on which the licensee received emeritus status.
(3) An emeritus licensee may retain but may not use the licensee's seal and may not practice architecture.
(4) The department shall reissue an active license to an emeritus licensee who pays all application fees, meets all current requirements for licensure, and demonstrates to the board's satisfaction that for the 2 years preceding the application for active licensure, the applicant has met requirements set by the board for maintaining professional competence.
Section 2. License of retirement status. (1) A licensee who no longer practices plumbing may apply to the department for retirement status.
(2) Upon receiving an application for retirement status accompanied by the fee established by the board, the department shall issue a license of retirement status to the applicant and record the applicant's name in the appropriate database as a holder of a license of retirement status, along with the date on which the licensee received retirement status.
(3) A license of retirement status does not allow a holder to practice plumbing under this chapter.
(4) The department shall reissue an active license to a holder of a license of retirement status who pays the appropriate active license renewal fee and meets any competency requirements established by rule by the department.
Section 3. Section 2-15-1757, MCA, is amended to read:
"2-15-1757. Board of realty regulation. (1) There is a board of realty regulation.
(2) The board consists of five seven members appointed by the governor with the consent of the senate. Three Five members must be licensed real estate brokers or, salespeople, or property managers who are actively engaged in the real estate business as a broker or, a salesperson, or a property manager in this state. Two members must be representatives of the public who are not state government officers or employees and who are not engaged in business as a real estate broker, or a salesperson, or a property manager. The members must be residents of this state.
(3) Not more than three five members, including the presiding officer, may be from the same political party.
(4) The members shall serve staggered terms of 4 years. A member may not serve more than two terms or any portion of two terms.
(5) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121."
Section 4. Section 2-15-1781, MCA, is amended to read:
"2-15-1781. Board of private security patrol officers and investigators. (1) There is a board of private security patrol officers and investigators.
(2) The board consists of seven voting members appointed by the governor with the consent of the senate. The members shall represent:
(a) one contract security company or proprietary security organization, as defined by 37-60-101;
(b) one proprietary security organization electronic security company, as defined by 37-60-101;
(c) one city police department;
(d) one county sheriff's office;
(e) one member of the public;
(f) one member of the peace officers' standards and training advisory council; and
(g) a licensed private investigator.
(3) Members of the board must be at least 25 years of age and have been residents of this state for more than 5 years.
(4) The appointed members of the board shall serve for a term of 3 years. The terms of board members must be staggered.
(5) The governor may remove a member for misconduct, incompetency, neglect of duty, or unprofessional or dishonorable conduct.
(6) A vacancy on the board must be filled in the same manner as the original appointment and may only be for the unexpired portion of the term.
(7) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121."
Section 5. Section 25-1-1104, MCA, is amended to read:
"25-1-1104. Handbook for process servers. (1) The department of labor and industry shall publish a handbook for process servers and levying officers.
(2) Each person who applies to the clerk of the district court of any county for registration as a process server shall demonstrate that the person has passed an examination based on the handbook and administered by the board of private security patrol officers and investigators provided for in 2-15-1781.
(3) The department of labor and industry may charge a reasonable examination fee to cover the costs of publishing the handbook and administering the examination provided for in this section."
Section 6. Section 33-36-103, MCA, is amended to read:
"33-36-103. Definitions. As used in this chapter, the following definitions apply:
(1) "Closed plan" means a managed care plan that requires covered persons to use only participating providers under the terms of the managed care plan.
(2) "Combination plan" means an open plan with a closed component.
(3) "Covered benefits" means those health care services to which a covered person is entitled under the terms of a health benefit plan.
(4) "Covered person" means a policyholder, subscriber, or enrollee or other individual participating in a health benefit plan.
(5) "Department" means the department of public health and human services established in 2-15-2201.
(6) "Emergency medical condition" means a condition manifesting itself by symptoms of sufficient severity, including severe pain, that the absence of immediate medical attention could reasonably be expected to result in any of the following:
(a) the covered person's health would be in serious jeopardy;
(b) the covered person's bodily functions would be seriously impaired; or
(c) a bodily organ or part would be seriously damaged.
(7) "Emergency services" means health care items and services furnished or required to evaluate and treat an emergency medical condition.
(8) "Facility" means an institution providing health care services or a health care setting, including but not limited to a hospital, medical assistance facility, or critical access hospital, as defined in 50-5-101, or other licensed inpatient center, an ambulatory surgical or treatment center outpatient center for surgical services, a treatment center, a skilled nursing center, a residential treatment center, a diagnostic, laboratory, an a diagnostic imaging center, or a rehabilitation or other therapeutic health setting.
(9) "Health benefit plan" means a policy, contract, certificate, or agreement entered into, offered, or issued by a health carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services.
(10) "Health care professional" means a physician or other health care practitioner licensed, accredited, or certified pursuant to the laws of this state to perform specified health care services consistent with state law.
(11) "Health care provider" or "provider" means a health care professional or a facility.
(12) "Health care services" means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.
(13) "Health carrier" means an entity subject to the insurance laws and rules of this state that contracts, offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a disability insurer, health maintenance organization, or health service corporation or another entity providing a health benefit plan.
(14) "Intermediary" means a person authorized to negotiate, execute, and be a party to a contract between a health carrier and a provider or between a health carrier and a network.
(15) "Managed care plan" means a health benefit plan that either requires or creates incentives, including financial incentives, for a covered person to use health care providers managed, owned, under contract with, or employed by a health carrier, but not preferred provider organizations or other provider networks operated in a fee-for-service indemnity environment.
(16) "Medically necessary" means services, medicines, or supplies that are necessary and appropriate for the diagnosis or treatment of a covered person's illness, injury, or medical condition according to accepted standards of medical practice and that are not provided only as a convenience.
(17) "Network" means the group of participating providers that provides health care services to a managed care plan.
(18) "Open plan" means a managed care plan other than a closed plan that provides incentives, including financial incentives, for covered persons to use participating providers under the terms of the managed care plan.
(19) "Participating provider" means a provider who, under a contract with a health carrier or with the health carrier's contractor, subcontractor, or intermediary, has agreed to provide health care services to covered persons with an expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly or indirectly from the health carrier.
(20) "Primary care professional" means a participating health care professional designated by the health carrier to supervise, coordinate, or provide initial care or continuing care to a covered person and who may be required by the health carrier to initiate a referral for specialty care and to maintain supervision of health care services rendered to the covered person.
(21) "Quality assessment" means the measurement and evaluation of the quality and outcomes of medical care provided to individuals, groups, or populations.
(22) "Quality assurance" means quality assessment and quality improvement.
(23) "Quality improvement" means an effort to improve the processes and outcomes related to the provision of health care services within a health plan."
Section 7. Section 37-1-130, MCA, is amended to read:
"37-1-130. Definitions. 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 regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121.
(3) "Board fee" means:
(a) a fee established by the board to cover program area costs as provided in 37-1-134; and
(b) any other legislatively prescribed fees specific to boards and department programs.
(4) "Department" means the department of labor and industry established in 2-15-1701.
(5) "Department program" means a program administered by the department pursuant to this title and not affiliated with a board.
(6) "Expired license" means a license that is not reactivated within the period of 45 46 days to 2 years after the renewal date for the license.
(7) "Lapsed license" means a license that is not renewed by the renewal date and that may be reactivated within the first 45-day period after the renewal date for the license.
(8) "License" means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration.
(9) "Terminated license" means a license that is not renewed or reactivated within 2 years of the license lapsing."
Section 8. Section 37-1-131, MCA, is amended to read:
"37-1-131. Duties of boards -- quorum required. (1) A quorum of each board within the department shall:
(1)(a) set and enforce standards and rules governing the licensing, certification, registration, and conduct of the members of the particular profession or occupation within the board's jurisdiction;
(2)(b) sit in judgment in hearings for the suspension, revocation, or denial of a license of an actual or potential member of the particular profession or occupation within the board's jurisdiction. The hearings must be conducted by a hearings examiner when required under 37-1-121.
(3)(c) suspend, revoke, or deny a license of a person who the board determines, after a hearing as provided in subsection (2) (1)(b), is guilty of knowingly defrauding, abusing, or aiding in the defrauding or abusing of the workers' compensation system in violation of the provisions of Title 39, chapter 71;
(4)(d) pay to the department the board's pro rata share of the assessed costs of the department under 37-1-101(6);
(5)(e) consult with the department before the board initiates a program expansion, under existing legislation, to determine if the board has adequate money and appropriation authority to fully pay all costs associated with the proposed program expansion. The board may not expand a program if the board does not have adequate money and appropriation authority available.
(6)(2) A board, board panel, or subcommittee convened to conduct board business must have a majority of its members, which constitutes a quorum, present to conduct business.
(3) A board that requires continuing education or continued state, regional, or national certification for licensees shall require licensees reactivating an expired license to submit proof of meeting the requirements of this subsection for the renewal cycle.
(7)(4) The board or the department program may:
(a) establish the qualifications of applicants to take the licensure examination;
(b) determine the standards, content, type, and method of examination required for licensure or reinstatement of a license, the acceptable level of performance for each examination, and the standards and limitations for reexamination if an applicant fails an examination;
(c) examine applicants for licensure at reasonable places and times as determined by the board or enter into contracts with third-party testing agencies to administer examinations; and
(d) require continuing education for licensure, as provided in 37-1-306, or require continued state, regional, or national certification for licensure. If Except as provided in subsection (3), if the board or department requires continuing education or continued state, regional, or national certification for continued licensure, the board or department may not audit or verify require proof of continuing education or continued state, regional, or national certification requirements as a precondition for renewing the license, certification, or registration. The board or department may conduct random audits after the lapsed date of up to 50% of all licensees with renewed licenses for documentary verification of the continuing education requirement after the renewal period closes.
(8)(5) A board may, at the board's discretion, request the applicant to make a personal appearance before the board for nonroutine license applications as defined by the board."
Section 9. Section 37-1-302, MCA, is amended to read:
"37-1-302. Definitions. 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 allegation filed with a board that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant.
(3) "Department" means the department of labor and industry.
(4) "Inspection" means the periodic examination of premises, equipment, or procedures or of a practitioner by the department to determine whether the practitioner's profession or occupation is being conducted in a manner consistent with the public health, safety, and welfare.
(5) "Investigation" means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a written complaint or other information before a board, that is carried out for the purpose of determining:
(a) whether a person has violated a provision of law justifying discipline against the person;
(b) the status of compliance with a stipulation or order of the board;
(c) whether a license should be granted, denied, or conditionally issued; or
(d) whether a board should seek an injunction.
(6) "License" means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration.
(7) "Profession" or "occupation" means a profession or occupation regulated by a board."
Section 10. Section 37-1-401, MCA, is amended to read:
"37-1-401. Uniform regulation for licensing programs without boards -- definitions. As used in this part, the following definitions apply:
(1) "Complaint" means a written allegation filed with the department that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant.
(2) "Department" means the department of labor and industry provided for in 2-15-1701.
(3) "Investigation" means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a complaint or other information before the department, that is carried out for the purpose of determining:
(a) whether a person has violated a provision of law justifying discipline against the person;
(b) the status of compliance with a stipulation or order of the department;
(c) whether a license should be granted, denied, or conditionally issued; or
(d) whether the department should seek an injunction.
(4) "License" means permission in the form of a license, permit, endorsement, certificate, recognition, or registration granted by the state of Montana to engage in a business activity or practice at a specific level in a profession or occupation governed by:
(a) Title 37, chapter 35, 72, 73, or 76; or
(b) Title 50, chapter 39, 74, or 76.
(5) "Profession" or "occupation" means a profession or occupation regulated by the department under the provisions of:
(a) Title 37, chapter 35, 72, 73, or 76; or
(b) Title 50, chapter 39, 74, or 76."
Section 11. Section 37-1-410, MCA, is amended to read:
"37-1-410. Unprofessional conduct. (1) The following is unprofessional conduct for a licensee or license applicant in a profession or occupation governed by this chapter:
(1)(a) being convicted, including a conviction following a plea of nolo contendere and regardless of a pending appeal, of a crime relating to or committed during the course of practicing the person's profession or occupation or involving violence, the use or sale of drugs, fraud, deceit, or theft;
(2)(b) permitting, aiding, abetting, or conspiring with a person to violate or circumvent a law relating to licensure or certification;
(3)(c) committing fraud, misrepresentation, deception, or concealment of a material fact in applying for or assisting in securing a license or license renewal or in taking an examination required for licensure;
(4)(d) signing or issuing, in the licensee's professional capacity, a document or statement that the licensee knows or reasonably ought to know contains a false or misleading statement;
(5)(e) making a misleading, deceptive, false, or fraudulent advertisement or other representation in the conduct of the profession or occupation;
(6)(f) offering, giving, or promising anything of value or benefit to a federal, state, or local government employee or official for the purpose of influencing the employee or official to circumvent a federal, state, or local law, rule, or ordinance governing the licensee's profession or occupation;
(7)(g) the receiving a denial, suspension, revocation, probation, fine, or other license restriction or discipline against a licensee by a state, province, territory, or Indian tribal government or the federal government if the action is not on appeal or under judicial review or has been satisfied.
(8)(h) failure failing to comply with a term, condition, or limitation of a license by final order of the department;
(9)(i) having a physical or mental disability that renders the licensee or license applicant unable to practice the profession or occupation with reasonable skill and safety;
(10)(j) misappropriating property or funds from a client or workplace or failing to comply with the department's rule regarding the accounting and distribution of a client's property or funds;
(11)(k) interference interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts, failure to respond to department inquiries regarding a complaint against the licensee or license applicant, or the use of threats or harassment against or inducement to a client or witness to prevent them from providing evidence in a disciplinary proceeding or other legal action or use of threats or harassment against or inducement to a person to prevent or attempt to prevent a disciplinary proceeding or other legal action from being filed, prosecuted, or completed;
(12)(l) assisting in the unlicensed practice of a profession or occupation or allowing another person or organization to practice or offer to practice the profession or occupation by use of the licensee's license.
(2) For the purposes of Title 37, chapters 72 and 73, and Title 50, chapters 74 and 76, the following additional practices are considered unprofessional conduct:
(a) addiction to or dependency on alcohol, an illegal drug, or a dangerous drug, as defined in Title 50, chapter 32;
(b) use of alcohol, an illegal drug, or a dangerous drug, as defined in Title 50, chapter 32, to the extent that the use impairs the user physically or mentally;
(c) conduct that does not meet generally accepted standards of practice. A certified copy of a judgment against the licensee or license applicant or of a tort judgment in an action involving an act or omission occurring within the scope of practice and the course of the practice is considered conclusive evidence of, but is not needed to prove, conduct that does not meet generally accepted standards."
Section 12. Section 37-8-102, MCA, is amended to read:
"37-8-102. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Advanced practice registered nurse" means a registered professional nurse who has completed educational requirements related to the nurse's specific practice role, in addition to basic nursing education, as specified by the board pursuant to 37-8-202.
(2) "Board" means the board of nursing provided for in 2-15-1734.
(3) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.
(4) "Medication aide" means a person who in an assisted living facility uses standardized procedures in the administration of drugs, as defined in 37-7-101, that are prescribed by a physician, an advanced practice registered nurse with prescriptive authority, a dentist, an osteopath, or a podiatrist authorized by state law to prescribe drugs.
(5) "Nursing education program" means any board-approved school that prepares graduates for initial licensure under this chapter. Nursing education programs for:
(a) professional nursing may be a department, school, division, or other administrative unit in a junior college, college, or university;
(b) practical nursing may be a department, school, division, or other administrative unit in a vocational-technical institution or junior college.
(6) "Practice of nursing" embraces the practice of practical nursing and the practice of professional nursing.
(7) (a) "Practice of practical nursing" means the performance of services requiring basic knowledge of the biological, physical, behavioral, psychological, and sociological sciences and of nursing procedures. The practice of practical nursing uses standardized procedures in the observation and care of the ill, injured, and infirm, in the maintenance of health, in action to safeguard life and health, and in the administration of medications and treatments prescribed by a physician, naturopathic physician, physician assistant, optometrist, advanced practice registered nurse, dentist, osteopath, or podiatrist authorized by state law to prescribe medications and treatments. These services are performed under the supervision of a registered nurse or a physician, naturopathic physician, physician assistant, optometrist, dentist, osteopath, or podiatrist authorized by state law to prescribe medications and treatments.
(b) These services may include a charge-nurse capacity in a long-term care facility that provides skilled nursing care or intermediate nursing care, as defined in 50-5-101, under the general supervision of a registered nurse.
(8) "Practice of professional nursing" means the performance of services requiring substantial specialized knowledge of the biological, physical, behavioral, psychological, and sociological sciences and of nursing theory as a basis for the nursing process. The nursing process is the assessment, nursing analysis, planning, nursing intervention, and evaluation in the promotion and maintenance of health, the prevention, casefinding, and management of illness, injury, or infirmity, and the restoration of optimum function. The term also includes administration, teaching, counseling, supervision, delegation, and evaluation of nursing practice and the administration of medications and treatments prescribed by physicians, naturopathic physicians, physician assistants, optometrist, advanced practice registered nurses, dentists, osteopaths, or podiatrists authorized by state law to prescribe medications and treatments. Each registered nurse is directly accountable and responsible to the consumer for the quality of nursing care rendered. As used in this subsection (8):
(a) "nursing analysis" is the identification of those client problems for which nursing care is indicated and may include referral to medical or community resources;
(b) "nursing intervention" is the implementation of a plan of nursing care necessary to accomplish defined goals."
Section 13. Section 37-8-405, MCA, is amended to read:
"37-8-405. Professional nursing -- qualifications of applicants for license. An applicant for a license to practice as a registered professional nurse shall submit to the department written evidence, verified by oath, that the applicant:
(1) has successfully completed at least an approved 4-year high school course of study or the equivalent as determined by the office of the superintendent of public instruction;
(2) has completed the basic professional curriculum in an approved school of nursing and holds a diploma therefrom from that school; and
(3) meets other qualification requirements the board prescribes."
Section 14. Section 37-8-415, MCA, is amended to read:
"37-8-415. Licensed practical nursing -- qualifications of applicants. An applicant for a license to practice as a licensed practical nurse shall submit to the board written evidence, verified by oath, that the applicant:
(1) has successfully completed at least an approved 4-year high school course of study or the equivalent as determined by the office of the superintendent of public instruction;
(2) is a graduate of an approved practical nursing education program that is authorized to prepare persons for licensure as practical nurses; and
(3) meets other qualification requirements the board prescribes in its rules."
Section 15. Section 37-10-302, MCA, is amended to read:
"37-10-302. Qualifications -- application. (1) The board shall adopt rules relative to and governing the qualifications of applicants for licensure as optometrists.
(2) A person is not eligible to receive a license unless that person is 18 years of age or older and of good moral character.
(3) A person is not eligible to receive a license unless that person has graduated from an accredited high school and from a school of optometry in which the practice and science of optometry is taught in a course of study that is accredited by the international association of boards of examiners in optometry.
(4) A person desiring An applicant for a license shall file a completed application on a form provided by the department and pay a fee prescribed by the board."
Section 16. Section 37-15-302, MCA, is amended to read:
"37-15-302. Application forms. Application An application for examination for licensing a speech-language pathologist or audiologist shall must be made upon forms prescribed by the board department."
Section 17. Section 37-16-405, MCA, is amended to read:
"37-16-405. Trainee license. (1) An applicant who fulfills the requirements of 37-16-402 and who has not previously applied to take a practical examination may apply to the board for a trainee license.
(2) On receiving an application under subsection (1), accompanied by a fee fixed by the board and verification that the applicant has passed the written portion of the examination with a passing score as determined by board rule, the board shall issue a trainee license that entitles the applicant to engage in a 180-day training period during which the applicant:
(a) is required to pass the practical examination administered by the board before being issued a hearing aid dispenser's license; and
(b) shall work under the direct supervision of the sponsoring licensed hearing aid dispenser. During this time the applicant may do the testing necessary for proper selection and fitting of hearing aids and related devices and make necessary impressions. However, the delivery and final fitting of the hearing aid and related devices must be made by the trainee and the supervisor.
(3) The training period must consist of a continuous 180-day term. Any break in training requires application for another trainee license under rules that the board may prescribe.
(4) A trainee license may not be issued unless the board has on file an unrevoked statement from a qualified licensed hearing aid dispenser accepting responsibility for the trainee. Every licensed hearing aid dispenser supervising a trainee license holder shall submit a report every 90 days of the trainee's activities and training assignments, on forms furnished by the board. The supervisor is responsible for all hearing aid fittings of the trainee. A supervisor may terminate any responsibilities to the trainee by mailing by certified mail written notice to the board and the trainee.
(5) If a person who holds a trainee license takes and fails to pass the practical examination during the training period, the board may authorize the department to renew the trainee license for a period of 180 days, during which the provisions of subsection (2)(b) apply. More than one renewal is not permitted, the trainee license expires, and the person may not practice as a trainee.
(6) A person licensed as an audiologist under the provisions of Title 37, chapter 15, or a person practicing pursuant to 37-1-305 is exempt from the 180-day training period but is required to pass the examinations prescribed in this chapter.
(7) A licensed hearing aid dispenser who sponsors a trainee is directly responsible and accountable under the disciplinary authority of the board for the conduct of the trainee as if the conduct were the licensee's own.
(8) For the purposes of this section, "direct supervision" means the direct and regular observation and instruction of a trainee by a licensed hearing aid dispenser who is available at the same location for prompt consultation and treatment."
Section 18. Section 37-18-306, MCA, is amended to read:
"37-18-306. Display of license and certificate. A person may not practice veterinary medicine in this state without possessing and displaying prominently in his the person's principal office a license and a current and valid certificate of registration license issued under this part."
Section 19. Section 37-26-201, MCA, is amended to read:
"37-26-201. Powers and duties of board. The board shall:
(1) adopt rules necessary or proper to administer and enforce this chapter;
(2) adopt rules that specify the scope of practice of naturopathic medicine stated in 37-26-301, that are consistent with the definition of naturopathic medicine provided in 37-26-103, and that are consistent with the education provided by approved naturopathic medical colleges;
(3) adopt rules that endorse equivalent licensure examinations of another state or territory of the United States, the District of Columbia, or a foreign country and that may include licensure by reciprocity;
(4) adopt rules that set nonrefundable fees for application, and licensure;
(5) approve naturopathic medical colleges as defined in 37-26-103;
(6) issue certificates of specialty practice;
(7) adopt rules that, in the discretion of the board, appropriately restrict licenses to a limited scope of practice of naturopathic medicine, which may exclude the use of minor surgery allowed under 37-26-301; and
(8) adopt rules that contain the natural substance formulary list created by the alternative health care formulary committee provided for in 37-26-301; and
(9) adopt rules to implement the provisions in 37-1-138."
Section 20. Section 37-26-403, MCA, is amended to read:
"37-26-403. Application for licensure -- examination -- temporary license. (1) A person who desires a license to practice naturopathic medicine in Montana shall apply to the department.
(2) The application must be accompanied by the license fees, the application fees, and the documents, affidavits, and certificates necessary to establish that the applicant possesses the qualifications prescribed by 37-26-402. The burden of proof is on the applicant, but the department may make an independent investigation to determine whether the applicant possesses the necessary qualifications and whether the applicant has committed unprofessional conduct that would be a basis for licensure denial.
(3) At the board's request, the applicant shall provide necessary authorizations for the release of records and information pertinent to the department's investigation.
(2) A person who applies for licensure but who has not passed a licensure examination prescribed or endorsed by the board shall apply to the board for authorization to take the prescribed licensure examination. If the board finds that all other qualifications for licensure except that of examination have been met, the board shall authorize the applicant to take the licensure examination."
Section 21. Section 37-47-318, MCA, is amended to read:
"37-47-318. Fees in addition to annual license fee -- allocation. (1) In addition to the fees required in 37-47-306 for an outfitter providing hunting services, the following fees apply:
(a) An outfitter shall pay an annual fee of $2 for each client served.
(b) An outfitter who is granted a net client hunter use expansion shall pay a fee of $500 for each new client added to that outfitter's operations plan.
(c) (i) An outfitter who operates hunting camps in more than one department of fish, wildlife, and parks administrative region shall pay an annual fee of $5,000 for each camp that is located beyond a 100-mile radius of the outfitter's base of operations and that is in an administrative region other than the region containing the outfitter's base of operations.
(ii) A fee is not required for the following:
(i)(A) an outfitter's base of operations camp;
(ii)(B) camps established before January 1, 1999;
(iii)(C) camps established on public land when use is directly regulated by public land use policies; or
(iv)(D) camps on corporate timberlands where public access is not restricted.
(d) An outfitter who desires a net client hunter use expansion shall pay a nonrefundable fee of $2,000 for each expansion request.
(2) Fees collected pursuant to this section must be expended by the board, pursuant to the authority in 37-47-306, and by the department of fish, wildlife, and parks, pursuant to the authority in 87-1-601, and used to fund administrative costs related to implementation of this chapter. The fees collected must be allocated as follows:
(a) Revenue generated by the $2 fee imposed in subsection (1)(a), the $500 fee imposed in subsection (1)(b), and the $2,000 fee imposed in subsection (1)(d) must be split equally between the board and the department of fish, wildlife, and parks.
(b) Revenue generated by the $500 fee imposed in subsection (1)(b) must be allocated between the board and the department of fish, wildlife, and parks in the following order:
(i) the amount necessary to cover the department's administrative expenses that exceed the revenue generated by subsection (2)(a); and
(ii) the remaining amount to be deposited in the state special revenue fund to the credit of the board.
(c)(b) Revenue generated by the $5,000 fee imposed in subsection (1)(c) must be deposited in the state special revenue fund to the credit of the board.
(d) Revenue generated by the $2,000 fee imposed in subsection (1)(d) must be split equally between the board and the department of fish, wildlife, and parks."
Section 22. Section 37-47-341, MCA, is amended to read:
"37-47-341. Grounds for denial, suspension, or revocation of license. A license or right to apply for and hold a license issued under this part may be denied, suspended, or revoked or other disciplinary conditions may be applied upon any of the following grounds:
(1) having ceased to meet all of the qualifications for holding a license, as required under this chapter and rules adopted pursuant to this chapter;
(2) fraud or deception in procuring a license;
(3) fraudulent, untruthful, or misleading advertising;
(4) having pleaded guilty to or been adjudged by a court guilty of a felony, including a case in which the sentence is suspended or imposition of the sentence is deferred, unless civil rights have been restored pursuant to law. A person may not apply for or hold an outfitter's, guide's, or professional guide's license during any period of time in which a sentence for a felony has been deferred or suspended.
(5) one conviction or bond forfeiture as to a violation of the fish and game or outfitting laws or regulations of any state or the United States;
(6) a substantial breach of a contract with a participant provided that the breach is established as a matter of final judgment in a court of law;
(7) the willful employment of or contracting with an unlicensed guide or professional guide by an outfitter;
(8) negligence or misconduct while acting as an outfitter, guide, or professional guide that causes an accident or injury to the person or property of a participant;
(9) misconduct as defined by board rule; or
(10) any violation of this chapter or a rule adopted pursuant to this chapter."
Section 23. Publication of license information. (1) The department shall prepare and publish an information pamphlet that contains the names and addresses of all licensed outfitters.
(2) The pamphlet described in subsection (1) must be available for free distribution as early as possible each calendar year but not later than the second Friday in March of each year.
(3) The pamphlet must contain the names, license numbers, and addresses of only those outfitters who have a currently valid license.
Section 24. Penalty for failure to comply with trust account requirements. (1) An employee of the department may issue a citation to a broker or property manager responsible for maintenance of a trust account for failure to comply with trust account maintenance requirements as provided by rule under 37-1-319(4).
(2) The citation must include:
(a) the time and date on which the citation is issued;
(b) the name, title, mailing address, and signature of the person issuing the citation;
(c) reference to the statute or rule violated;
(d) the name, title, and mailing address of the person to whom the citation is being sent, along with information explaining the procedure for the person receiving the citation to follow to pay the fine or dispute the violation; and
(e) the amount of the applicable fine.
(3) The applicable civil fine for failure to comply with trust account maintenance requirements is $50 for each cited violation.
(4) The person who issues the citation is authorized to collect the fine and deposit the proceeds in the state special revenue account to the credit of the board.
(5) The person who is issued a citation may pay the fine or file a written dispute of the violation with the board within 5 business days of the date of issuance.
(6) A person who refuses to sign and accept a citation but who does not file a written dispute of the violation is demonstrating unprofessional conduct.
Section 25. Section 37-51-102, MCA, is amended to read:
"37-51-102. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Account" means the real estate recovery account established in 37-51-501.
(2) (a) "Adverse material fact" means a fact that should be recognized by a broker or salesperson as being of enough significance as to affect a person's decision to enter into a contract to buy or sell real property and may be a fact that:
(i) materially affects the value, affects structural integrity, or presents a documented health risk to occupants of the property; or
(ii) materially affects the buyer's ability or intent to perform the buyer's obligations under a proposed or existing contract.
(b) The term does not include the fact that an occupant of the property has or has had a communicable disease or that the property was the site of a suicide or felony.
(3) "Board" means the board of realty regulation provided for in 2-15-1757.
(4) "Broker" includes an individual who:
(a) for another or for valuable consideration or who with the intent or expectation of receiving valuable consideration negotiates or attempts to negotiate the listing, sale, purchase, rental, exchange, or lease of real estate or of the improvements on real estate or collects rents or attempts to collect rents;
(b) is employed by or on behalf of the owner or lessor of real estate to conduct the sale, leasing, subleasing, or other disposition of real estate for consideration;
(c) engages in the business of charging an advance fee or contracting for collection of a fee in connection with a contract by which the individual undertakes primarily to promote the sale, lease, or other disposition of real estate in this state through its listing in a publication issued primarily for this purpose or for referral of information concerning real estate to brokers;
(d) makes the advertising, sale, lease, or other real estate information available by public display to potential buyers and who aids, attempts, or offers to aid, for a fee, any person in locating or obtaining any real estate for purchase or lease;
(e) aids or attempts or offers to aid, for a fee, any person in locating or obtaining any real estate for purchase or lease;
(f) receives a fee, commission, or other compensation for referring to a licensed broker or salesperson the name of a prospective buyer or seller of real property; or
(g) advertises or represents to the public that the individual is engaged in any of the activities referred to in subsections (4)(a) through (4)(f).
(5) "Buyer" means a person who is interested in acquiring an ownership interest in real property or who has entered into an agreement to acquire an interest in real property. The term includes tenants or potential tenants with respect to leases or rental agreements of real property.
(6) "Buyer agent" means a broker or salesperson who, pursuant to a written buyer broker agreement, is acting as the agent of the buyer in a real estate transaction and includes a buyer subagent and an in-house buyer agent designate.
(7) "Buyer broker agreement" means a written agreement in which a prospective buyer employs a broker to locate real estate of the type and with terms and conditions as designated in the written agreement.
(8) "Buyer subagent" means a broker or salesperson who, pursuant to an offer of a subagency, acts as the agent of a buyer.
(9) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.
(10) "Dual agent" means a broker or salesperson who, pursuant to a written listing agreement or buyer broker agreement or as a buyer or seller subagent, acts as the agent of both the buyer and seller with written authorization, as provided in 37-51-314. An in-house buyer or seller agent designate may not be considered a dual agent.
(11) "Franchise agreement" means a contract or agreement by which:
(a) a franchisee is granted the right to engage in business under a marketing plan prescribed in substantial part by the franchisor;
(b) the operation of the franchisee's business is substantially associated with the franchisor's trademark, trade name, logotype, or other commercial symbol or advertising designating the franchisor; and
(c) the franchisee is required to pay, directly or indirectly, a fee for the right to operate under the agreement.
(12) "In-house buyer agent designate" means a broker or salesperson employed by or associated as an independent contractor with a broker and designated by the broker as the exclusive agent for a buyer for a designated transaction and who may not be considered to be acting for other than the buyer with respect to the designated transaction.
(13) "In-house seller agent designate" means a broker or salesperson employed by or associated as an independent contractor with a broker and designated by the broker as the exclusive agent for a seller for a designated transaction and who may not be considered to be acting for other than the seller with respect to the designated transaction.
(14) "Listing agreement" means a written agreement between a seller and broker for the sale of real estate, with the terms and conditions set out in the agreement.
(15) "Negotiations" means:
(a) efforts to act as an intermediary between parties to a real estate transaction;
(b) facilitating and participating in contract discussions;
(c) completing forms for offers, counteroffers, addendums, and other writings; and
(d) presenting offers and counteroffers.
(16) "Person" includes individuals, partnerships, associations, and corporations, foreign and domestic, except that when referring to a person licensed under this chapter, it means an individual.
(17) "Property manager" includes a person who for a salary, commission, or compensation of any kind engages in the business of leasing, renting, subleasing, or other transfer of possession of real estate belonging to others without transfer of the title to the property, pursuant to 37-51-601 and 37-51-602.
(18) "Real estate" includes leaseholds as well as any other interest or estate in land, whether corporeal, incorporeal, freehold, or nonfreehold and whether the real estate is situated in this state or elsewhere.
(19) "Real estate transaction" means the sale, exchange, or lease or grant of an option for the sale, exchange, or lease of an interest in real estate and includes all communication, interposition, advisement, negotiation, and contract development and closing.
(20) "Salesperson" includes an individual who for a salary, commission, or compensation of any kind is associated, either directly, indirectly, regularly, or occasionally, with a real estate broker to sell, purchase, or negotiate for the sale, purchase, exchange, or renting of real estate.
(21) "Seller" means a person who has entered into a listing agreement to sell real estate and includes landlords who have an interest in or are a party to a lease or rental agreement.
(22) "Seller agent" means a broker or salesperson who, pursuant to a written listing agreement, acts as the agent of a seller and includes a seller subagent and an in-house seller agent designate.
(23) "Seller subagent" means a broker or salesperson who, pursuant to an offer of a subagency, acts as the agent of a seller.
(24) (a) "Statutory broker" means a broker or salesperson who assists one or more parties to a real estate transaction without acting as an agent or representative of any party to the real estate transaction.
(b) A broker or salesperson is presumed to be acting as a statutory broker unless the broker or salesperson has entered into a listing agreement with a seller or a buyer broker agreement with a buyer or has disclosed, as required in this chapter, a relationship other than that of a statutory broker.
(25) "Supervising broker" means a licensed broker with whom a licensed salesperson is associated, either directly, indirectly, regularly, or occasionally, to sell, purchase, or negotiate for the sale, purchase, exchange, or renting of real estate.
(26) "Supervising broker endorsement" means an endorsement to a broker license that is required of any licensed broker who supervises licensed salespersons performing real estate activity."
Section 26. Section 37-51-301, MCA, is amended to read:
"37-51-301. License required -- limited to persons. (1) It is unlawful for a person to engage in or conduct, directly or indirectly, or to advertise or hold himself out represent to the public as engaging in or conducting the business or acting in the capacity of a real estate broker or a real estate salesperson within this state without a license as a broker or salesperson or otherwise complying with this chapter.
(2) It is unlawful for a person to supervise licensed salespersons or to act in the capacity of a supervising broker unless the person has a valid and active Montana broker license and a supervising broker endorsement.
(2)(3) Corporations, partnerships, and associations may not be licensed under this chapter. A corporation or a partnership may act as a licensee if every corporate officer and every partner performing the functions of a licensee is licensed under this chapter. All officers of a corporation or all members of a partnership acting as a licensee are in violation of this chapter unless there is full compliance with this subsection."
Section 27. Section 37-51-302, MCA, is amended to read:
"37-51-302. Broker or salesperson license -- qualifications of applicant -- supervising broker endorsement. (1) Licenses may be granted only to individuals considered by the board to be of good repute and competent to transact the business of a broker or salesperson in a manner as to safeguard that safeguards the interests of the public.
(2) An applicant for a broker's license:
(a) must be at least 18 years of age;
(b) must have graduated from an accredited high school or completed an equivalent education as determined by the board;
(c) must have been actively engaged as a licensed real estate salesperson for a period of 2 years or have had experience or special education equivalent to that which a licensed real estate salesperson ordinarily would receive during this 2-year period as determined by the board, except that if the board finds that an applicant could not obtain employment as a licensed real estate salesperson because of conditions existing in the area where the applicant resides, the board may waive this experience requirement;
(d) shall file an application for a license with the department; and
(e) shall furnish written evidence that the applicant has completed 60 classroom or equivalent hours, in addition to those required to secure a salesperson's license, in a course of study approved by the board and taught by instructors approved by the board and has satisfactorily passed an examination dealing with the material taught in each course. The course of study must include the subjects of real estate principles, real estate law, real estate finance, and related topics.
(3) The board shall require information it considers necessary from an applicant to determine honesty, trustworthiness, and competency.
(4) (a) An applicant for a salesperson's license:
(i) must be at least 18 years of age;
(ii) must have received credit for completion of 2 years of full curriculum study at an accredited high school or completed an equivalent education as determined by the board;
(iii) shall file an application for a license with the department; and
(iv) shall furnish written evidence that the applicant has completed 60 classroom or equivalent hours in a course of study approved by the board and taught by instructors approved by the board and has satisfactorily passed an examination dealing with the material taught in each course. The course of study must include the subjects of real estate principles, real estate law and ethics, real estate finance, and related topics.
(b) The application must be accompanied by the recommendation of the licensed broker by whom the applicant will be employed or placed under contract, certifying that the applicant is of good repute and that the broker will actively supervise and train the applicant during the period the requested license remains in effect.
(5) The department shall issue to each licensed broker and to each licensed salesperson a license and a pocket card in a form and size that the board prescribes.
(6) (a) An applicant for a supervising broker endorsement shall meet the education and experience requirements established by the board by rule except that:
(i) any broker licensed prior to October 1, 2007, is entitled to a supervising broker endorsement provided that the broker indicates on the broker's license renewal form for the 2008 calendar year the broker's intention to obtain the endorsement;
(ii) a broker who obtains a supervising broker endorsement pursuant to subsection (6)(a)(i) is subject to the endorsement renewal requirements adopted by the board by rule in order to supervise one or more licensed salespersons;
(iii) continuing education requirements for a supervising broker endorsement may not be in addition to the continuing education requirements for a licensed broker with respect to the total number of hours or credits required.
(b) The board may not assess a licensing fee for obtaining or renewing a supervising broker endorsement."
Section 28. Section 37-60-101, MCA, is amended to read:
"37-60-101. Definitions. As used in this chapter, the following definitions apply:
(1) "Alarm response runner" means any an individual employed by an electronic security company, a contract security company, or a proprietary security organization to respond to security alarm system signals.
(2) "Armed" means an individual who at any time wears, carries, or possesses a firearm in the performance of professional duties.
(2)(3) "Armed carrier service" means any person or security company who transports or offers to transport under armed private security guard from one place to another any currency, documents, papers, maps, stocks, bonds, checks, or other items of value that require expeditious delivery.
(3)(4) "Armed private investigator" means a private investigator who at any time wears, carries, or possesses, or has access to a firearm in the performance of the individual's duties.
(4)(5) "Armed private security guard" means an individual employed by a contract security company or a proprietary security organization whose duty or any portion of whose duty is that of a security guard, armored car service guard, or carrier service guard, or alarm response runner and who at any time wears or carries a firearm in the performance of the individual's duties.
(5)(6) "Armored car service" means any person or security company who transports or offers to transport under armed private security guard from one place to another any currency, jewels, stocks, bonds, paintings, or other valuables of any kind in a specially equipped motor vehicle that offers a high degree of security.
(6)(7) "Board" means the board of private security patrol officers and investigators provided for in 2-15-1781.
(7)(8) "Branch office" means any office of a licensee within the state, other than its principal place of business within the state.
(8)(9) "Contract security company" means any person who installs or maintains a security alarm system, undertakes to provide a private security guard, alarm response runner, armored car service, street patrol service, or armed carrier service on a contractual basis to another person who exercises no direction and control over the performance of the details of the services rendered.
(9)(10) "Department" means the department of labor and industry provided for in 2-15-1701.
(11) (a) "Electronic security company" means a person who installs, services, or maintains a security alarm system and who undertakes to hire, employ, and provide alarm response runners and security alarm installers on a contractual basis to another person who does not exercise direction and control over the performance of the services rendered.
(b) The term does not include a person whose primary business is that of a locksmith and who may also install closed circuit television cameras and battery-operated door devices.
(12) (a) "Fire investigator" means a person other than an individual identified in subsection (12)(b) who for any consideration:
(i) makes or agrees to make an investigation with reference to:
(A) a fire to identify evidence and determine cause of the fire; or
(B) accidents involving suspected negligence or arson for criminal or civil action;
(ii) testifies as an expert witness for investigations identified under this subsection (12); or
(iii) cooperates with law enforcement agencies in conducting fire investigations and collecting evidence relating to fires.
(b) The term does not mean an insurance adjuster, an individual designated as the state fire marshal under 2-15-2005, or a member of:
(i) a fire department as described in 7-3-1345;
(ii) law enforcement; or
(iii) an entity organized under Title 7, chapter 33.
(13) "Firearms course" means the course approved by the board and conducted by a firearms instructor.
(14) "Firearms instructor" means an individual who has been approved by the board to instruct firearms courses in the use of weapons.
(10)(15) "Insurance adjuster" means a person employed by an insurance company, other than a private investigator, who for any consideration whatsoever conducts investigations in the course of adjusting or otherwise participating in the disposal of any claims in connection with a policy of insurance but who does not perform surveillance activities or investigate crimes or wrongs committed or threatened against the United States or any state or territory of the United States.
(11)(16) "Licensee" means a person licensed under this chapter.
(12)(17) "Paralegal" or "legal assistant" means a person qualified through education, training, or work experience to perform substantive legal work that requires knowledge of legal concepts and that is customarily but not exclusively performed by a lawyer and who may be retained or employed by one or more lawyers, law offices, governmental agencies, or other entities or who may be authorized by administrative, statutory, or court authority to perform this work.
(13)(18) "Person" includes any means an individual, firm, company, association, organization, partnership, and or corporation.
(14)(19) "Private investigator" means a person other than an insurance adjuster who for any consideration whatsoever makes or agrees to make any investigation with reference to:
(a) crimes or wrongs done or threatened against the United States or any state or territory of the United States;
(b) the identity, habits, conduct, business, occupation, honesty, integrity, trustworthiness, efficiency, loyalty, activity, movement, whereabouts location, affiliations, associations, transactions, reputation, or character of any person;
(c) the location, disposition, or recovery of lost or stolen property;
(d) the cause or responsibility for fires, libels, losses, accidents, or injury to persons or property; or
(e) securing gathering evidence to be used before any court, board, officer, or investigating committee.
(15)(20) "Private security guard" means an individual employed or assigned duties to protect a person or property or both a person and property from criminal acts and whose duties or any portion of whose duties include but are not limited to the prevention of unlawful entry, theft, criminal mischief, arson, or trespass on private property or the direction of the movements of the public in public areas.
(16)(21) "Proprietary security organization" means any person who employs a private security guard, alarm response runner, armored car service, street patrol service, or armed carrier service on a routine basis solely for the purposes of that person and exerts direction and control over the performance of the details of the service rendered.
(17) "Qualifying agent" means, in the case of a corporation, a corporate employee employed in a management capacity or, in the case of a partnership, a general or unlimited partner meeting the qualifications set forth in this chapter for the operation of a contract security company, proprietary security organization, or private investigator, whichever is applicable.
(18)(22) "Resident manager" means the person appointed to exercise direct supervision, control, charge, management, or operation of each branch office located in this state where the business of the licensee is conducted.
(23) (a) "Security alarm installer" means an individual who installs, services, or maintains security alarm systems to detect and signal unauthorized intrusion, movement, break-in, or criminal acts and is employed by an electronic security company.
(b) The term does not include a person whose primary business is that of a locksmith and who may also install closed circuit television cameras and battery-operated door devices.
(19)(24) (a) "Security alarm system" means an assembly of equipment and devices or a single device, such as a solid state unit that plugs directly into a 110-volt AC line, designed or a portion of a system intended to detect or signal or to both detect and signal unauthorized intrusion, movement, or criminal acts at a protected premises and to which signals police, private security guards, or alarm response runners are expected to respond location.
(b) The term does not include alarm systems and alarm systems that monitor temperature, humidity, or any other atmospheric condition not directly related to the detection of an unauthorized intrusion or criminal act at a premises location.
(25) "Security company" means an electronic security company, a proprietary security organization, or a contract security company.
(20)(26) "Street patrol service" means any contract security company or proprietary security organization that uses foot patrols, motor vehicles, or any other means of transportation to maintain public order or detect criminal activities in public areas or thoroughfares a person providing patrols by means of foot, vehicle, or other method of transportation using public street, thoroughfares, or property in the performance of the person's duties and responsibilities.
(21)(27) "Unarmed private investigator" means a private investigator who does not wear, carry, or possess, or have access to a firearm in the performance of the individual's duties.
(22)(28) "Unarmed private security guard" means an individual who is employed by a contract security company or a proprietary security organization, whose duty or any portion of whose duty is that of a private security guard, armored car service guard, or alarm response runner, and who does not wear or, carry, or possess a firearm in the performance of those duties."
Section 29. Section 37-60-103, MCA, is amended to read:
"37-60-103. Purpose. The purpose of this chapter is to increase the levels of integrity, competency, and performance of private security personnel companies and their employees who are required to be licensed, firearms instructors, fire investigators, and private investigators in order to safeguard the public health, safety, and welfare against illegal, improper, or incompetent actions committed by private security personnel companies and their licensed employees, firearms instructors, fire investigators, or private investigators."
Section 30. Section 37-60-202, MCA, is amended to read:
"37-60-202. Rulemaking power. The board shall adopt and enforce rules:
(1) fixing the qualifications of resident managers, qualifying agents, licensees, and holders of identification cards, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare;
(2) establishing, in accordance with 37-1-134, application fees for original or renewal licenses and identification cards, and providing for refunding of any fees;
(3) (a) prohibiting requiring approval of the board prior to the establishment of branch offices of any licensee, except a proprietary security organization, without approval by the board; and
(b) establishing qualification requirements and license fees for branch offices identified in subsection (3)(a);
(4) for the certification of private investigator and, private security guard, security alarm installer, and alarm response runner training programs, including the certification of firearms training programs;
(5) for the licensure of firearms instructors;
(6) for the approval of weapons;
(7) requiring the maintenance of records;
(8) requiring licensees to file an insurance policy with the board; and
(9) providing for the issuance of probationary identification cards for private investigators and security alarm installers who do not meet the requirements for age, employment experience, and or written examination."
Section 31. Section 37-60-301, MCA, is amended to read:
"37-60-301. License required. (1) Except as provided in 37-60-105 and 37-60-315, it is unlawful for any person to act as or perform the duties, as defined in 37-60-101, of a contract security company or, a proprietary security organization, an electronic security company, a branch office, a private investigator, a fire investigator, a security alarm installer, an alarm response runner, a resident manager, a certified firearms instructor, or a private security guard without having first obtained a license from the board. Those persons licensed on April 18, 1983, shall retain their current licensure status and shall renew their licenses on the renewal date as prescribed by the department.
(2) It is unlawful for any unlicensed person to act as, pretend to be, or represent to the public that the person is licensed as a private investigator, a contract security company, a proprietary security organization, an electronic security company, a branch office, a private investigator, a fire investigator, a security alarm installer, an alarm response runner, a resident manager, a certified firearms instructor, or a private security guard.
(3) A person appointed by the court as a confidential intermediary under 42-6-104 is not required to be licensed under this chapter. A person who is licensed under this chapter is not authorized to act as a confidential intermediary, as defined in 42-1-103, without meeting the requirements of 42-6-104.
(4) A person who knowingly engages an unlicensed private investigator, private security guard, or contract security company, proprietary security organization, electronic security company, branch office, private investigator, fire investigator, security alarm installer, alarm response runner, resident manager, certified firearms instructor, or private security guard is guilty of a misdemeanor punishable under 37-60-411."
Section 32. Section 37-60-302, MCA, is amended to read:
"37-60-302. Qualifying agent and resident Resident manager required -- substitution. (1) Any out-of-state contract security company, electronic security company, or proprietary security organization that applies for a license under this chapter shall, before application to the board, appoint for the duration of the license a qualifying agent and a resident manager. Every qualifying agent and Each resident manager shall satisfy the appropriate licensing requirements of this chapter.
(2) A separate resident manager must be appointed for each branch office located in this state, and the business of the applicant or licensee must be conducted under the resident manager's direct supervision and control.
(3) If a qualifying agent or resident manager for any reason ceases to perform the duties of a qualifying agent or resident manager on a regular basis, the licensee shall promptly notify the board of that fact and of the name of a substitute individual, who shall apply to the board for continuation of the license. Pending application by and board action upon the application of the substitute, the board may suspend the license or extend it for a reasonable time."
Section 33. Section 37-60-303, MCA, is amended to read:
"37-60-303. License qualifications. (1) Except as provided in subsection (7)(a), an applicant for licensure under this chapter is subject to the provisions of this section and shall submit evidence under oath that the applicant:
(a) is at least 18 years of age;
(b) is a citizen of the United States or a legal, permanent resident of the United States;
(c) has not been convicted in any jurisdiction of any felony or any crime involving moral turpitude or illegal use or possession of a dangerous weapon, for which a full pardon or similar relief has not been granted;
(d) has not been judicially declared incompetent by reason of any mental defect or disease or, if so declared, has been fully restored;
(e) is not suffering from habitual drunkenness or from narcotics addiction or dependence;
(f) is of good moral character; and
(g) has complied with other experience qualifications as may be set by the rules of the board.
(2) In addition to meeting the qualifications in subsection (1), an applicant for licensure as a private security guard, security alarm installer, or alarm response runner shall:
(a) complete the training requirements of a private security guard training program certified by the board and provide, on a form prescribed by the board, written notice of satisfactory completion of the training; and
(b) fulfill other requirements as the board may by rule prescribe.
(3) In addition to meeting the qualifications in subsection (1), each applicant for a license to act as a private investigator shall submit evidence under oath that the applicant:
(a) is at least 21 years of age;
(b) has at least a high school education or the equivalent;
(c) has not been dishonorably discharged from any branch of the United States military service; and
(d) has fulfilled any other requirements as the board may by rule prescribe.
(4) The board may require an applicant to demonstrate by written examination additional qualifications as the board may by rule require.
(5) An applicant who will wear, or carry, or possess a firearm in performance of the applicant's duties shall submit written notice of satisfactory completion of a firearms training program certified by or satisfactory to the board, as the board may by rule prescribe.
(6) Except for an applicant subject to the provisions of subsection (7)(a), the board shall require a background investigation of each applicant for licensure under this chapter that includes a fingerprint check by the Montana department of justice and the federal bureau of investigation.
(7) (a) A firm, company, association, partnership, limited liability company, corporation, or other entity that intends to engage in business governed by the provisions of this chapter must be incorporated under the laws of this state or qualified to do business within this state and must be licensed by the board.
(b) Individual employees, officers, directors, agents, or other representatives of an entity described in subsection (7)(a) who engage in duties that are subject to the provisions of this part must be licensed pursuant to the requirements of this part."
Section 34. Section 37-60-304, MCA, is amended to read:
"37-60-304. Licenses -- application form and content. (1) Except as provided in 37-60-303(7), an An application for a license must be submitted to the department and accompanied by the application fee set by the board.
(2) An application must be made under oath and must include:
(a) the full name and address of the applicant;
(b) the name under which the applicant intends to do business;
(c) a statement as to the general nature of the business in which the applicant intends to engage;
(d) a statement as to whether the applicant desires to be licensed as a contract security company, a proprietary security organization, an electronic security company, a branch office, a certified firearms instructor, a private investigator, a fire investigator, a security alarm installer, an alarm response runner, a resident manager, or a private security guard;
(e) except for an applicant pursuant to 37-60-303(7)(a), one recent photograph of the applicant, of a type prescribed by the department, and one classifiable set of the applicant's fingerprints;
(f) a statement of the applicant's age and experience qualifications, except for an applicant pursuant to 37-60-303(7)(a); and
(g) other information, evidence, statements, or documents as may be prescribed by the rules of the board.
(3) The board shall verify the statements in the application and the applicant's moral character.
(4) The submittal of fingerprints is a prerequisite to the issuance of a license, except under 37-60-303(7)(a), by means of fingerprint checks by the Montana department of justice and the federal bureau of investigation."
Section 35. Section 37-60-309, MCA, is amended to read:
"37-60-309. Form of license and identification cards. The license, and identification card, and temporary identification card for temporary security guards must be in a form determined by the board."
Section 36. Section 37-60-310, MCA, is amended to read:
"37-60-310. Display of license and identification card. (1) A license must at all times be posted in a conspicuous place in the principal place of business of the licensee.
(2) A holder of an identification card or a temporary identification card shall carry the card while performing the cardholder's duties. A peace officer of this state or any of its political subdivisions may request to see the card at any reasonable time, and the card must be shown."
Section 37. Section 37-60-314, MCA, is amended to read:
"37-60-314. Nontransferability of license -- record changes. (1) No A license issued under this chapter is not transferable.
(2) A licensee shall notify the board within 5 days of any change in its officers or directors, name, address, employment, or other material change in the information previously furnished or required to be furnished to the board or any other material change or occurrence that could reasonably be expected to affect the licensee's right to a license. Upon such the change or occurrence, the board may suspend or revoke the license or may allow the business to be carried on for a temporary period under terms and conditions as the board may require.
(3) This section may not be applied to restrict the sale of a business if the buyer qualifies for a license under the provisions of this chapter."
Section 38. Section 37-60-402, MCA, is amended to read:
"37-60-402. Confidentiality of information -- false reports -- badges and uniforms -- illegal entry. (1) A licensee or officer, director, partner, or manager of a licensee may divulge to any law enforcement officer or county attorney or his representative of the county attorney any information he that the licensee or officer, director, partner, or manager of a licensee may acquire as to any criminal offense, but he may not divulge to any other person, except as required by law, any information acquired by him except at the direction of the employer or client for whom the information was obtained.
(2) No A licensee or officer, director, partner, manager, or employee of a licensee may not knowingly make any false report to his an employer or client for whom information was being obtained.
(3) No A written report may not be submitted to a client except by the licensee, qualifying manager, or a person authorized by either of them the licensee, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(4) No A licensee or officer, director, partner, manager, or employee of a licensee may not use a title, wear a uniform, use an identification card, or make any statement with the intent to give an impression that he the licensee or officer, director, partner, manager, or employee of a licensee is connected in any way with the federal government, a state government, a law enforcement agency, or any political subdivision of a state government unless the licensee has a contract with the agency.
(5) No A licensee or officer, director, partner, manager, or employee of a licensee may not enter any private building or portion thereof of a private building without the consent of the owner or of the person in legal possession thereof of the private building."
Section 39. Section 37-60-403, MCA, is amended to read:
"37-60-403. Licensee advertising. Every advertisement by a licensee soliciting or advertising business shall must contain his the licensee's name and, address, and license number as they appear in the records of the board."
Section 40. Section 37-60-409, MCA, is amended to read:
"37-60-409. Installation of new security alarm systems by electrician. An electrician who has received a license from the department pursuant to 37-68-301 may install new security alarm systems under the direction of a journeyman licensed security alarm installer, but such work. Work performed by an electrician under this section is subject to inspection and approval by a security alarm installer licensed under 37-60-303."
Section 41. Section 37-73-208, MCA, is amended to read:
"37-73-208. Elevator inspector's license -- temporary license. (1) A person intending to engage in work as an elevator inspector shall apply for a license as an elevator inspector on forms provided by the department.
(2) The department may not grant an applicant an elevator inspector's license unless the applicant demonstrates that the applicant meets the current national standards for the qualifications of elevator inspectors. The department shall designate by rule the national standards that must be met by an applicant.
(3) A newly hired elevator inspector who is not properly certified may conduct inspections for up to 6 months under a temporary license if the elevator inspector is supervised during the 6-month period of temporary licensure by appropriately certified personnel."
Section 42. Section 50-32-314, MCA, is amended to read:
"50-32-314. Board to adopt rules for registration of ambulatory outpatient center for surgical facilities services. (1) The board shall, by October 1, 1999, adopt rules to provide for the registration of ambulatory any outpatient center for surgical facilities services pursuant to this part. The rules must categorize ambulatory the outpatient center for surgical facilities services as a "distributor" pursuant to 50-32-101(12) or other category of registrant as determined by the board.
(2) If the board determines that ambulatory an outpatient center for surgical facilities require services requires the services of a pharmacist in order to be registered, the board shall allow those facilities that center to use the services of a consulting pharmacist to satisfy the obligation imposed by the board.
(3) This section does not affect any existing registration requirement that pursuant to this part for persons providing dangerous drugs to an ambulatory outpatient center for surgical facility services or persons administering dangerous drugs within or as the result of procedures performed at an ambulatory outpatient center for surgical facility be registered pursuant to this part services."
Section 43. Section 71-3-1111, MCA, is amended to read:
"71-3-1111. Short title. This part may be cited as the "Physician, Nurse, Physical Therapist, Occupational Therapist, Acupuncturist, Chiropractor, Dentist, Psychologist, Licensed Social Worker, Licensed Professional Counselor, Hospital, and Ambulatory Outpatient Center for Surgical Facility Services Lien Act"."
Section 44. Section 71-3-1112, MCA, is amended to read:
"71-3-1112. Purpose. The purpose of this part is to establish lien rights for physicians, nurses, physical therapists, occupational therapists, acupuncturists, chiropractors, dentists, hospitals, and ambulatory outpatient centers for surgical facilities services for the value of services rendered and products provided for the diagnosis and treatment of medical conditions and to establish lien rights for psychologists, licensed social workers, and licensed professional counselors for services rendered and products provided when a person receiving treatment:
(1) is injured through the fault or neglect of another; or
(2) is either insured or a beneficiary under insurance."
Section 45. Section 71-3-1113, MCA, is amended to read:
"71-3-1113. Definitions. As used in this part, the following definitions apply:
(1) "Ambulatory surgical facility" means a facility registered as provided in 50-32-314.
(2)(1) "Beneficiary" means a person entitled to insurance benefits.
(3)(2) "Dentist" means a person practicing dentistry as provided in 37-4-101.
(4)(3) "Insurance" means a contract whereby through which a person, the insurer, undertakes to indemnify another, the insured, or pay or provide a determinable amount or benefit upon determinable contingencies.
(5)(4) "Insurer" includes a health service corporation.
(5) "Outpatient center for surgical services" means a facility registered as provided in 50-32-314.
(6) "Person" means an individual, a corporation, an organization, or other legal entity."
Section 46. Section 71-3-1114, MCA, is amended to read:
"71-3-1114. Liens of physicians, nurses, physical therapists, occupational therapists, acupuncturists, chiropractors, dentists, hospitals, and ambulatory outpatient center for surgical facilities services and liens of psychologists, licensed social workers, and licensed professional counselors. (1) (a) Upon the required notice of a lien being given, there is a lien as provided in subsection (1)(b) whenever:
(i) a physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, hospital, or ambulatory outpatient center for surgical facility services renders services or provides products for the diagnosis and treatment of a medical condition; or
(ii) a psychologist, licensed social worker, or licensed professional counselor renders services or provides products; and
(iii) the services rendered or products provided under subsection (1)(a)(i) or (1)(a)(ii) are rendered or provided to a person injured through the fault or neglect of another.
(b) The physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, hospital, ambulatory outpatient center for surgical facility services, psychologist, licensed social worker, or licensed professional counselor has a lien for the value of services rendered or products provided on:
(i) any claim or cause of action that the injured person or the injured person's estate or successors may have for injury, disease, or death;
(ii) any judgment that the injured person or the estate or successors may obtain for injury, disease, or death; and
(iii) all money paid in satisfaction of the judgment or in settlement of the claim or cause of action.
(2) (a) If a person is an insured or a beneficiary under insurance that provides coverage in the event of injury or disease, there is a lien as provided in subsection (2)(b) upon required notice of a lien being given by:
(i) a physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, hospital, or ambulatory outpatient center for surgical facility services for the value of services rendered or products provided for the diagnosis and treatment of a medical condition; or
(ii) a psychologist, licensed social worker, or licensed professional counselor for services rendered or products provided.
(b) The lien is on all proceeds or payments, except payments for property damage, payable by the insurer.
(3) A physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, hospital, ambulatory outpatient center for surgical facility services, psychologist, licensed social worker, or licensed professional counselor claiming a lien under this part is not liable for attorney fees and costs incurred by the injured person, the injured person's estate or successors, or a beneficiary in connection with obtaining payments or benefits subject to a lien under this part. The lien of an attorney provided for in 37-61-420 has priority over a lien created by this part."
Section 47. Section 71-3-1115, MCA, is amended to read:
"71-3-1115. Notice of lien. (1) A physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, psychologist, licensed social worker, licensed professional counselor, hospital, or ambulatory outpatient center for surgical facility services claiming a lien shall serve written notice upon the person and upon the insurer, if any, against whom liability for injury, disease, counseling service, or death is asserted, stating the nature of the services, for whom and when rendered, the value of the services, and that a lien is claimed.
(2) A physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, psychologist, licensed social worker, licensed professional counselor, hospital, or ambulatory outpatient center for surgical facility services claiming a lien upon proceeds or payments payable by an insurer shall serve written notice upon the insurer against whom the lien is asserted, stating the nature of the services, for whom and when rendered, the value of the services, and that a lien is claimed."
Section 48. Section 71-3-1117, MCA, is amended to read:
"71-3-1117. Liability for failure to recognize lien. If any insurer or person, after receiving notice of a lien, makes payment on account of injury, disease, counseling service, or death and the amount of the lien claimed by any physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, psychologist, licensed social worker, licensed professional counselor, hospital, or ambulatory outpatient center for surgical facility services has not been paid, the insurer or person is liable to the physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, psychologist, licensed social worker, licensed professional counselor, hospital, or ambulatory outpatient center for surgical facility services for the reasonable value of the services."
Section 49. Section 71-3-1118, MCA, is amended to read:
"71-3-1118. Applicability. (1) Except as provided in subsection (2), this part does not apply to compensation awarded to workers for injury, disease, or death pursuant to the Workers' Compensation Act.
(2) This part applies to all payments awarded for medical, therapy, acupuncture, chiropractic, dentistry, counseling, and hospital services pursuant to the acts referred to in subsection (1).
(3) This part does not apply to any benefits payable under:
(a) a policy of life insurance or group life insurance;
(b) a contract of disability insurance, except benefits payable in reimbursement for services rendered by a physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, psychologist, licensed social worker, licensed professional counselor, hospital, or ambulatory outpatient center for surgical facility services; or
(c) an annuity contract or to pension benefits payable under a qualified pension plan."
Section 50. Repealer. Sections 37-60-315 and 37-60-406, MCA, are repealed.
Section 51. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 37, chapter 65, and the provisions of Title 37, chapter 65, apply to [section 1].
(2) [Section 2] is intended to be codified as an integral part of Title 37, chapter 69, and the provisions of Title 37, chapter 69, apply to [section 2].
(3) [Section 23] is intended to be codified as an integral part of Title 37, chapter 47, and the provisions of Title 37, chapter 47, apply to [section 23].
(4) [Section 24] is intended to be codified as an integral part of Title 37, chapter 51, part 3, and the provisions of Title 37, chapter 51, part 3, apply to [section 24].
Section 52. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
- END -
I hereby certify that the within bill,
SB 0153, originated in the Senate.
Secretary of the Senate
President of the Senate
Signed this & #160; 0; &# 160; day
of & #160; 0; &# 160; 0; , 2007.
Speaker of the House
Signed this & #160; 0; &# 160; day
of & #160; 0; &# 160; 0; , 2007.
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