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- 0 7 HP LJ 5P RM 32 LPT2 x x P 7 P SB0108 CL2197 LC0115 - Ы x x P 7P0 EC A Z U n i v e r s 2 3| x c N XX 56th Legislature` T$E SB0108.03 c z N STATE INTERNET/BBS COPY * `"T$H SB 108 z
$ SENATE BILL NO. 108
INTRODUCED BY D. BERRY
BY REQUEST OF THE DEPARTMENT OF COMMERCE
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING PROFESSIONAL LICENSING LAWS;
PROVIDING FOR A FULL RANGE OF INVESTIGATIVE AND PROSECUTORIAL AUTHORITY IN CASES OF
UNLICENSED PRACTICE; CHANGING THE PHYSICIAN LICENSE REQUIREMENT FROM A 1-YEAR
INTERNSHIP TO A 2-YEAR POSTGRADUATE PROGRAM; ELIMINATING THE REQUIREMENT OF A
PERSONAL INTERVIEW OF AN APPLICANT FOR A TEMPORARY LICENSE TO PRACTICE MEDICINE;
ADDING AN ADDITIONAL PRIVATE PRACTICE PSYCHOLOGIST TO THE BOARD OF PSYCHOLOGISTS;
ALLOWING DENTISTS TO WORK IN
CHARITABLE OR FREE CLINICS
UNIVERSITY CLINICS,
CORRECTIONAL FACILITY CLINICS, COMMUNITY HEALTH CENTERS, MIGRANT HEALTH CARE CENTERS,
OR PROGRAMS FOR HEALTH SERVICES FOR THE HOMELESS; SUBSTITUTING THE WORD "FORFEIT"
FOR "REVOKE" IN DENTISTRY LAWS; GENERALLY REVISING LAWS RELATING TO DENTURISTS;
REVISING DISPENSING FEES FOR HEARING AIDS AND SIMILAR DEVICES; REQUIRING VETERINARY
LICENSE APPLICANTS TO PRESENT CERTIFIED TRANSCRIPTS AND REVISING VETERINARY
EXAMINATIONS; REQUIRING RESUSCITATION CERTIFICATION FOR MIDWIVES;
ELIMINATING THE
REQUIREMENT THAT A PHYSICIAN SUPERVISOR BE LICENSED UNDER TITLE 37, CHAPTER 3, MCA;
CHANGING THE REQUIRED NUMBER OF MEETINGS FOR THE BOARD OF SANITARIANS; MODIFYING
EXAMINATION PROCEDURES FOR ACCOUNTANTS;
DELETING THE REQUIREMENT THAT
OUT-OF-STATE SALES OF IN-STATE SUBDIVISIONS BE REGISTERED WITH THE BOARD OF REALTY
REGULATION;
CLARIFYING STANDARDS THAT ARE APPLICABLE TO APPRAISERS; AMENDING
SECTIONS 2-15-1851, 37-1-307, 37-1-317, 37-1-411, 37-1-412, 37-3-305, 37-4-103, 37-4-307,
37-4-406, 37-16-304, 37-18-302, 37-18-303, 37-27-201, 37-27-205, 37-29-301, 37-29-305,
37-29-401, 37-29-404, 37-40-201, 37-50-308, AND 37-54-403, MCA;
REPEALING SECTIONS
76-4-1101, 76-4-1102, 76-4-1103, 76-4-1104, 76-4-1105, 76-4-1106, 76-4-1107, 76-4-1108,
76-4-1109, 76-4-1110, 76-4-1111, 76-4-1112, 76-4-1113, 76-4-1114, 76-4-1115, 76-4-1116, AND
76-4-1117, MCA;
AND PROVIDING EFFECTIVE DATES."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1.ĠSection 2-15-1851 , MCA, is amended to read:
"2-15-1851.Board of psychologists. (1) There is a board of psychologists.
(2)The board consists of
five
six members appointed by the governor with the consent of the
senate.
One member
Two members must be
a
licensed
psychologist
psychologists in private practice, one
member must be a licensed psychologist in public health, one member must be a licensed psychologist
engaged in the teaching of psychology, and two members must be from the general public. A member may
not serve consecutive 5-year terms but may be reappointed after 5 years following the termination of
his
the previous appointment.
(3)Members shall serve staggered 5-year terms."
Section 2.ĠSection 37-1-307 , MCA, is amended to read:
"37-1-307.
٠(Bracketed language terminates on occurrence of contingency or July 1, 1999)
Board
authority. (1) A board may:
(a)hold hearings as provided in this part;
(b)issue subpoenas and administer oaths in connection with investigations and disciplinary
proceedings under this part. Subpoenas must be relevant to the complaint, issued by a majority vote of
board members not serving on the screening panel described in subsection (1)(e), and signed by the
presiding officer of the board. Subpoenas may be enforced as provided in 2-4-104.
(c)authorize depositions and other discovery procedures under the Montana Rules of Civil
Procedure in connection with an investigation, hearing, or proceeding held under this part;
(d)compel attendance of witnesses and the production of documents. Subpoenas may be
enforced as provided in 2-4-104.
(e)establish a screening panel that determines whether there is reasonable cause to believe that
a licensee has violated a statute or rule justifying disciplinary proceedings. The assigned board members
may not subsequently participate in a hearing of the case. The final decision on the case must be made
by a majority of the board members who did not serve on the screening panel for the case.
(f)grant or deny a license and, upon a finding of unprofessional conduct by an applicant or license
holder, impose a sanction provided by this chapter.
(2)Each board is designated as a criminal justice agency within the meaning of 44-5-103 for the
purpose of obtaining confidential criminal justice information regarding its licensees and license applicants
and regarding possible unlicensed practice. [(3)Each board shall require a license applicant to provide the applicant's social security number
as a part of the application. Each board shall keep the social security number from this source confidential,
except that a board may provide the number to the department of public health and human services for
use in administering Title IV-D of the Social Security Act.]
(Bracketed language terminates on occurrence
of contingency or July 1, 1999--sec. 104, Ch. 552, L. 1997.)"
Section 3.ĠSection 37-1-317 , MCA, is amended to read:
"37-1-317.Practice without license -- investigation of complaint -- injunction -- penalties. (1) The
department shall investigate complaints or other information received concerning practice by an unlicensed
person of a profession or occupation for which a license is required by this title.
(2)(a)Ġ
A
Unless otherwise provided by statute, a board may file an action to enjoin a person from
practicing, without a license, a profession or occupation for which a license is required by this title. In
addition to the penalty provided for in 37-1-318, a person violating an injunction issued pursuant to this
section may be held in contempt of court.
(b) A person subject to an injunction for practicing without a license may also be subject to
criminal prosecution. In a complaint for an injunction or in an affidavit, information, or indictment alleging
that a person has engaged in unlicensed practice, it is sufficient to charge that the person engaged in the
unlicensed practice of a licensed profession or occupation on a certain day in a certain county without
averring further or more particular facts concerning the violation.
(3) Unless otherwise provided by statute, a person practicing a licensed profession or occupation
in this state without complying with the licensing provisions of this title is guilty of a misdemeanor
punishable by a fine of not less than $250 or more than $1,000, imprisonment in the county jail for not
less than 90 days or more than 1 year, or both. Each
daily failure to comply with or daily
violation of the
provisions of this chapter constitutes a separate offense."
NEW SECTION.ĠSection 4.Department authority. For each licensing program regulated by the
department under this part, the department is designated as a criminal justice agency within the meaning
of 44-5-103 for the purpose of obtaining confidential criminal justice information regarding licensees and
license applicants and regarding possible unlicensed practice.
Section 5.ĠSection 37-1-411 , MCA, is amended to read: "37-1-411.Practice without license -- investigation of complaint -- injunction -- penalties. (1) The
department may investigate a complaint or other information received concerning practice by an unlicensed
person of a profession or occupation governed by this part.
(2)The department may file an action to enjoin a person from practicing, without a license, a
profession or occupation governed by this part."
Section 6.ĠSection 37-1-412 , MCA, is amended to read:
"37-1-412.Violation of injunction -- penalty. (1) A person who has been enjoined and who
violates an injunction issued pursuant to a proceeding under this part may be held in contempt of court
and shall pay a civil penalty, as determined by the court, of not more that $5,000. Fifty percent of the
penalty must be deposited in the general fund of the county in which the injunction is issued, and 50%
must be deposited in the state general fund.
(2) A person subject to an injunction for practicing without a license may also be subject to
criminal prosecution. In a complaint for an injunction or in an affidavit, information, or indictment alleging
that a person has engaged in unlicensed practice, it is sufficient to charge that the person engaged in the
unlicensed practice of a licensed profession or occupation on a certain day in a certain county without
averring further or more particular facts concerning the violation.
(3) Unless otherwise provided by statute, a person practicing a licensed profession or occupation
in this state without complying with the licensing provisions of this title is guilty of a misdemeanor
punishable by a fine of not less than $250 or more than $1,000, imprisonment in the county jail for not
less than 90 days or more than 1 year, or both. Each daily failure to comply with or daily violation of the
provisions of this chapter constitutes a separate offense."
Section 7.ĠSection 37-3-305 , MCA, is amended to read:
"37-3-305.Qualifications for licensure. (1)
A
Except as provided in subsection (4), a person may
not be granted a physician's license to practice medicine in this state unless the person:
(a)is of good moral character, as determined by the board;
(b)is a graduate of an approved medical school as defined in 37-3-102;
(c)has completed an approved
internship
postgraduate program of at least
1 year
2 years or, in
the opinion of the board, has had experience or training that is at least the equivalent of
1 year internship
a 2-year postgraduate program; (d)has had a completed application file reviewed by a board member and, at the discretion of the
board member, has made a personal appearance before the board; and
(e)is able to communicate, in the opinion of the board, in the English language.
(2)The board may authorize the department to issue the license subject to terms of probation or
other conditions or limitations set by the board or may refuse a license if the applicant has committed
unprofessional conduct or is otherwise unqualified.
(3)A person may not be granted a temporary license to practice medicine in this state unless the
person:
(a)is of good moral character, as determined by the board;
(b)is a graduate of an approved medical school as defined in 37-3-102;
(c)has completed an approved
internship
postgraduate program of at least
1 year
2 years or, in
the opinion of the board, has had experience or training that is at least the equivalent of
1 year internship
a 2-year postgraduate program; and
(d)has made a personal appearance before at least one member of the board; and
(e)
(d)Ġis able, in the opinion of the board, to communicate in the English language.
(4) The 2-year minimum requirements in subsections (1)(c) and (3)(c) do not apply to a person who:
(a) has completed an approved internship of at least 1 year or in the opinion of the board has had
experience or training that is at least the equivalent of a 1-year internship;
(b) is a resident in good standing with the Montana family practice residency program; and
(c) is seeing patients under the supervision of a physician who possesses a current, unrestricted
license to practice medicine in this state."
Section 8.ĠSection 37-4-103 , MCA, is amended to read:
"37-4-103.Exemptions. (1) A dental laboratory or dental technician is not practicing dentistry
under this chapter when engaged in the construction, making, alteration, or repairing of bridges, crowns,
dentures, or other prosthetic appliances, surgical appliances, or orthodontic appliances if the casts, models,
or impressions on which the work is constructed have been made by a regularly licensed and practicing
dentist and the crowns, bridges, dentures, prosthetic appliances, surgical appliances, or orthodontic
appliances are returned to the dentist on whose order the work was constructed.
(2)Section 37-4-101(2) and part 5 of this chapter do not apply to a legally qualified physician or
surgeon or to a dental surgeon of the United States army, navy, public health service, or veterans' bureauor to a legal practitioner of another state making a clinical demonstration before a dental society,
convention, or association of dentists or to a licensed dental hygienist performing an act authorized under
37-4-401 or 37-4-405.
(3)This chapter does not prevent a bona fide faculty member of a school, college, or department
of a university recognized and approved by the board from performing dental procedures necessary to the
faculty member's teaching functions. This chapter does not prevent students from performing dental
procedures under the supervision of a bona fide instructor of a school, college, or department of a
university recognized and approved by the board if the dental procedures are a part of the assigned
teaching curriculum.
(4)This chapter does not prohibit or require a license with respect to the practice of denturitry
under the conditions and limitations defined by Title 37, chapter 29. None of the regulations contained in
this chapter apply to a person engaged in the lawful practice of denturitry.
(5)This chapter does not require the licensure of or prohibit the personal representative of the
estate of a deceased dentist or the personal representative of a disabled dentist from contracting with a
dentist to manage the dental practice at an establishment where dental operations, oral surgery, or dental
services are provided if the personal representative in either case complies with the provisions of
37-4-104.
(6) Section 37-4-101(2)(b) does not prevent a licensee from entering into a contract with or being
employed by the following clinics:
(a) university clinics for the purpose of providing dental care to registered students;
(b)
governmental
correctional facilities for the purpose of providing dental care to inmates; and
(c) federally funded community health centers, migrant health care centers, or programs for health
services for the homeless established pursuant to the Public Health Service Act, 42 U.S.C. 254b
, 254c,
and 256
.
(7)
The method and manner of patient treatment is solely within the discretion of the treating
licensed dentist, and the licensed dentist may not allow that discretion to be subjected to any influence,
direct or indirect, to the contrary.
A clinic that employs or otherwise contracts with a dentist under
subsection (6) may not:
(a) govern the clinical sufficiency, suitability, reliability, or efficacy of a particular service,
product, process, or activity as it relates to the delivery of dental care; or
(b) preclude or otherwise restrict a dentist's ability to exercise independent professionaljudgment over all qualitative and quantitative aspects of the delivery of dental care.
(8) This section may not be construed as a grant of authority to employ dentists to provide care
to members of private, for profit or nonprofit, health maintenance organizations, corporations, or
partnerships or any other business organizations.
"
Section 9.ĠSection 37-4-307 , MCA, is amended to read:
"37-4-307.Renewal fee -- default -- local fees prohibited. (1)
Every
Each licensed dentist shall pay
a renewal fee to the board. The renewal fee must be set by the board commensurate with costs. Notice
of the change in the amount of renewal fees must be given to each dentist registered in this state by the
department.
(2)Payment of the renewal fee must be made on or before the license expiration date set by
department rule, and a license renewal must be issued by the department. A reasonable late fee must be
required by the department if the renewal fee is not paid in a timely manner.
(3)(a)In case of default in payment of the renewal fee by a licensee, the license must be
revoked
by the board
forfeited by the licensee. The board shall give the licensee 30 days' notice of its proposed
revocation
forfeiture action. The notice must be sent by certified letter addressed to the last-known
address of the licensee and must contain a statement of the time and place of the meeting at which the
revocation
forfeiture will be considered.
(b)If the licensee pays the renewal fee, plus a reasonable late fee set by the board, prior to the
time set for
revocation
forfeiture, the license may not be
revoked
forfeited.
(c)A license
revoked
forfeited for nonpayment of the renewal fee may be reinstated within 5 years
of
revocation
forfeiture if:
(i)renewal fees are paid for each renewal period that they were unpaid, plus a late penalty fee for
each renewal period;
(ii)the applicant produces evidence, satisfactory to the board, of good standing with the dentistry
regulatory agencies of any jurisdiction in which the applicant has engaged in the active practice of
dentistry since the last payment of a renewal fee under this chapter; and
(iii)the applicant produces evidence, satisfactory to the board, of good character and competence.
(4)Each dentist shall give the board notice of any change in name, address, or status within 30
days of the change.
(5)A unit of local government, including those exercising self-government powers, may notimpose a license fee on a dentist licensed under this chapter."
Section 10.ĠSection 37-4-406 , MCA, is amended to read:
"37-4-406.Renewal fee -- default --
revocation
forfeiture of license -- local fees prohibited. (1)
Each licensed dental hygienist shall pay a renewal fee to the board. The renewal fee must be set by the
board commensurate with costs.
(2)Payment of the renewal fee must be made on or before the license expiration date set by
department rule, and a license renewal must be issued by the department. A reasonable late fee must be
required if the renewal fee is not paid in a timely manner.
(3)In case of default in payment of the renewal fee by any licensee, the
board must revoke
licensee shall forfeit the license.
(a)The board shall give the licensee 30 days' notice of its proposed
revocation
forfeiture action.
The notice must be sent by certified mail to the last-known address of the licensee and must contain a
statement of the time and place of the meeting at which the
revocation
forfeiture will be considered.
(b)The payment of the renewal fee on or before the time set for
revocation
forfeiture, with a
reasonable late fee set by the board, excuses the default.
(c)A license
revoked
forfeited for nonpayment of the renewal fee may be reinstated within 5 years
of
revocation
forfeiture if:
(i)renewal fees are paid for each period that they were unpaid, plus a late penalty for each period;
(ii)the applicant produces evidence, satisfactory to the board, of good standing with the dental
hygiene regulatory agencies of any jurisdiction in which the applicant has engaged in the active practice
of dental hygiene since the last payment of a renewal fee under this chapter; and
(iii)the applicant produces evidence, satisfactory to the board, of good character and competence.
(4)Each dental hygienist shall give the board notice of any change in name, address, or status
within 30 days of the change.
(5)The board may, after a hearing, revoke or suspend the license of a dental hygienist for violating
this chapter.
(6)A unit of local government, including those exercising self-government powers, may not
impose a license fee on a dental hygienist licensed under this chapter."
Section 11.ĠSection 37-16-304 , MCA, is amended to read: "37-16-304.Right to cancel -- return of hearing aid or related device -- notice -- refund --
dispensing fee rules. (1) A purchaser of a hearing aid or related device may, for any reason, cancel the sale
within 30 days of the date of delivery of the hearing aid or related device by providing written notice to
the establishment that employed the licensed hearing aid dispenser at the time the hearing aid was
purchased indicating the purchaser's intention not to be bound by the sale contract. The purchaser shall
return or hold for the licensed hearing aid dispenser's disposal the hearing aid or related device in
substantially the same condition as it was received by the purchaser.
(2)For the purpose of determining whether cancellation has occurred within 30 days of the date
of delivery, written notice:
(a)given by mail is considered given on the date mailed; and
(b)delivered in person is considered given when delivered to the hearing aid dispenser's permanent
place of business.
(3)A licensed hearing aid dispenser shall refund to the purchaser the amount paid for
the
a hearing
aid or related device minus
the
any authorized dispensing fee within 10 days of receipt of written notice
of cancellation.
For the purposes of this section, the dispensing fee may not exceed the actual cost of
dispensing the hearing aid or related device to the purchaser. This cost must be substantiated by the
dispenser, and regardless of the length of the trial period, the dispensing fee may not exceed 15% of the
total cost of the hearing aid or related device. The licensed hearing aid dispenser shall also return any
goods traded in contemplation of the sale, less any costs incurred by the licensee in making the goods
ready for resale.
If the board decides to authorize a dispensing fee, the form and manner of calculating
a dispensing fee must be established by the board by rule. Dispensing fee rules adopted by the board may
include but are not limited to consideration of business overhead and costs associated with initial hearing
evaluations, consultations, fittings, and followup visits.
(4)A licensed hearing aid dispenser may not sell a hearing aid in this state unless the seller
provides the buyer with written notice of the 30-day trial period and money-back guarantee.
(5)If the hearing aid must be repaired, remade, or adjusted during the 30-day trial period, the
running of the 30-day period must be suspended for each day that the hearing aid is not in the purchaser's
possession. The provisions of this subsection may not be waived."
Section 12.ĠSection 37-18-302 , MCA, is amended to read:
"37-18-302.Application -- qualification -- fee. A person desiring to begin the practice of veterinarymedicine or veterinary surgery in this state or who desires to hold
himself
out to the public
as
that the
person is a practitioner of veterinary medicine or veterinary surgery, except as provided in 37-18-104, shall
make application
apply to the department for a license to do so. The application
shall
must be on a form
furnished by the department,
and shall
must be accompanied by satisfactory evidence of the good moral
character of the applicant, and
shall present
must contain evidence of
his
the applicant's having
graduated
in and
received a degree from a legally authorized veterinary medical school having educational standards
equal to those approved by the American veterinary medical association. On application, a
photostatic
copy of the diploma
certified transcript of the applicant
shall
must be submitted to the department for
inspection and verification. The
photostatic copy
certified transcript remains the property of the
department. A person applying for a license to practice shall pay to the department a nonrefundable fee
commensurate with the costs of the examinations and set by the board."
Section 13.ĠSection 37-18-303 , MCA, is amended to read:
"37-18-303.Examination -- temporary permit pending examination. (1) Subject to 37-1-101, the
board shall, by means of examination
, either oral, written, or practical or a combination of oral, written,
or practical
as prescribed by the board
determines
, ascertain the professional qualifications for license of
applicants under this part. The department shall issue a license to
all
applicants who are found to be, in
the judgment of the board, competent to practice. A license may not be issued to a person who is not
found by the examination or investigation to be competent and qualified.
(2)
The examination
Examinations must be held
when
as determined necessary by the board, but
not less frequently than once each year at a time and place specified by the board.
The examination must
cover theory and practice, pharmacology and therapeutics, animal sanitation, surgery, communicable
diseases, and other subjects chosen by the board which are ordinarily included in the curriculum of a
school of veterinary medicine recognized and approved by the American veterinary medical association.
The board may employ, cooperate with, or contract with any organization or consultant in the preparation,
administration, and grading of an examination, but the board shall retain sole discretion and responsibility
for determining which applicants have successfully passed an examination.
(3)The department shall consecutively number applications received, note on each the disposition
made of it, and preserve
them
the applications for reference
and
. The board shall also number
consecutively licenses issued.
(4)An applicant is required to achieve a passing grade,
of 70%
as determined by the board byrule, in order to obtain a license. An applicant who has failed an examination may apply to be reexamined
at a subsequent examination and shall pay another application fee commensurate with the costs of the
examinations
and
as set by the board and shall take another complete examination in all subjects."
Section 14.ĠSection 37-27-201 , MCA, is amended to read:
"37-27-201.Qualifications of applicants for license -- educational and practical experience
requirements. To be eligible for a license as a direct-entry midwife, an applicant:
(1)must possess a high school diploma or its equivalent;
(2)must be of good moral character and be at least 21 years of age;
(3)shall satisfactorily complete educational requirements in pregnancy and natural childbirth,
approved by the board, which must include but are not limited to the following:
(a)provision of care during the antepartum, intrapartum, postpartum, and newborn period;
(b)parenting education for prepared childbirth;
(c)observation skills;
(d)aseptic techniques;
(e)management of birth and immediate care of the mother and the newborn;
(f)recognition of early signs of possible abnormalities;
(g)recognition and management of emergency situations;
(h)special requirements for home birth;
(i)intramuscular and subcutaneous injections;
(j)suturing necessary for episiotomy repair;
(k)recognition of communicable diseases affecting the pregnancy, birth, newborn, and postpartum
periods;
(l)assessment skills; and
(m)the use and administration of drugs authorized in 37-27-302;
(4)shall acquire practical experience, which may be attained in a home, clinic, or hospital setting.
Practical experience attained in a hospital does not constitute training or supervision by the hospital, nor
may a hospital be required to provide
such
practical experience. At a minimum, this experience must
include the following types and numbers of experiences acquired through an apprenticeship or other
supervisory setting:
(a)provision of 100 prenatal examinations; (b)observation of 40 births; and
(c)participation as the primary birth attendant at 25 births, 15 of which included continuous care,
as evidenced by:
(i)birth certificates from Montana or another state;
(ii)a signed affidavit from the birthing mother; or
(iii)documented records from the person who supervised the births
.
;
(5)shall file documentation with the board that the applicant has been certified by the American
heart association or American red cross to perform adult and infant cardiopulmonary resuscitation.
Certification must be current at the time of application and remain valid throughout the license period; and
(6) shall file documentation with the board that the applicant has been certified by the American
academy of pediatrics or the American heart association to perform neonatal resuscitation. The applicant's
certification must be current at the time of application and remain valid throughout the license period."
Section 15.ĠSection 37-27-205 , MCA, is amended to read:
"37-27-205.Provisional license -- apprentice license.
(1) Upon payment of a $200 fee to the
department, the board may grant a provisional direct-entry midwife license only to a person who filed an
affidavit required by section 2, Chapter 493, Laws of 1989.
(2)The provisional license is valid until the issuance of grades for the first examination
administered pursuant to 37-27-202.
(3)
(1)ĠUpon payment of a $200 fee to the department of commerce, the board may grant an
apprentice direct-entry midwife license to a person who:
(a)is working under the personal supervision of a licensed direct-entry midwife, a certified
nurse-midwife, a licensed physician
licensed under Title 37, chapter 3
, or a licensed naturopathic physician
who is certified for the specialty practice of naturopathic childbirth attendance; and
(b)is seeking licensure as a direct-entry midwife under this chapter.
(4)
(2)ĠAn apprentice direct-entry midwife license is valid for a period prescribed by department
of commerce rule and must be renewed at an interval established by the department of commerce, with
a limit of four renewals."
Section 16.ĠSection 37-29-301 , MCA, is amended to read:
"37-29-301.License to practice required.
(1) After April 1, 1985, a
A person
must
shall hold alicense for the practice of denturitry in order to perform the following acts:
(a)
(1)Ġengaging or offering to engage in the practice of denturitry; or
(b)
(2)Ġuse in connection with
his
the person's name the word or letters "denturist", "L.D.", or any
other words, letters, abbreviations, or insignia implying that
such
the person is engaged in the practice of
denturitry.
(2)The practice of denturitry within the context of this chapter requires that all work except cast
frame work be performed at the address shown on the denturist's license.
"
Section 17.ĠSection 37-29-305 , MCA, is amended to read:
"37-29-305.Examinations. The board shall administer the examinations for licensure, subject to
the following requirements:
(1)Examinations must be of a character that determines the qualifications, fitness, and ability of
the applicant to practice denturitry.
The form of the test must include written and oral examinations and
a practical demonstration of skills.
(2)Examinations must be held at least annually on the second Monday in July. An applicant must
obtain an average percentage score of 75% or better to qualify for licensure. The written and practical
examinations must carry equal weight. The oral examination results may adjust an average score only two
percentage points.
(3)
(2)Ġ
The
A written examination must include coverage of the following subjects:
(a)head and oral anatomy and physiology;
(b)oral pathology;
(c)partial denture construction and design;
(d)microbiology;
(e)radiology;
(f)clinical dental technology;
(g)dental laboratory technology;
(h)asepsis;
(i)clinical jurisprudence;
(j)medical emergencies.
(4)
(3)ĠApplicants who fail to
score a 75% average on the
pass written and practical examinations
may, upon payment of the appropriate fee, have a second opportunity to take the written or practicalexaminations, or both."
Section 18.ĠSection 37-29-401 , MCA, is amended to read:
"37-29-401.Standards of conduct and practice. Each denturist
must
shall comply with the
following standards
in his
of practice:
(1)There shall be at least three separate rooms:
(a)a reception room;
(b)an operatory room; and
(c)a laboratory.
(2)The operatory room must have a sink and cuspidor with running water and a disposal system.
(3)There must be a sterilization unit and cold disinfectant in every office to insure the protection
of the public. Each denturist shall take care to use proper sterilization and sanitation techniques in all
phases of his work.
(4)Floors, walls, ceilings, and benches must be kept in a sanitary condition.
(5)Every patient must have a separate and clean bib and a disposable cup.
(6)Every denturist shall wear a clean and professional garment.
(7)Every denturist shall wash his hands with germicidal or antiseptic soap and water in the
presence of each patient.
(8)
(1)Ġ
Every
Each licensed denturist
must
shall carry a current cardiopulmonary resuscitation card.
(9)Adequate and conveniently located toilet facilities must be provided within the building.
(10)A complete record of each patient must be kept.
(11)
(2)Ġ
All teeth
Teeth and materials used
shall
must meet American dental association standards.
(12)
(3)Ġ
All nonmetal
Nonmetal full dentures
shall
must be permanently identified with the first and
last name of the owner at the time of processing the dentures."
Section 19.ĠSection 37-29-404 , MCA, is amended to read:
"37-29-404.
Notice of board address -- guarantee
Guarantee.
(1) A notice must be posted in a
conspicuous area on any premises where the practice of denturitry is conducted, with lettering of a size
easily read by the average person and in substantially the following form:
ANY CONSUMER WHO HAS A COMPLAINT
RELATING TO PRACTICES OF THIS ESTABLISHMENT MAY CONTACT THE MONTANA
BOARD OF DENTISTRY, DEPARTMENT OF
i
COMMERCE, 1424 NINTH AVENUE, HELENA,
% MONTANA 59620.
(2)All denturist
Denturist services must be unconditionally guaranteed for a period of not less than
90 days."
Section 20.ĠSection 37-40-201 , MCA, is amended to read:
"37-40-201.
Chairman
Presiding officer -- meetings. The board shall appoint one of its members
chairman
presiding officer. The board shall meet at least
four times annually
once a year and at
such
other
times as agreed upon."
Section 21.ĠSection 37-50-308 , MCA, is amended to read:
"37-50-308.Examination. Except as provided in 37-1-101(4), the department shall administer
a
written
an examination in accounting, auditing, and related subjects as the board determines appropriate.
The grade determination of the board is final in each case. The board may use the examination and grading
services of the American institute of certified public accountants or other third parties to perform
examination administrative services. The examination must be held at least annually and at
such
other
times as applications warrant. The board may determine the time and place of examination and may adopt
rules necessary for the orderly conduct of the examination."
Section 22.ĠSection 37-54-403 , MCA, is amended to read:
"37-54-403.Standards of professional appraisal practice. (1) A licensed or certified real estate
appraiser shall comply with generally accepted standards of professional appraisal practice, evidenced by
the uniform standards of professional appraisal practice promulgated by the appraisal standards board of
the appraisal foundation.
Compliance
A licensed or certified real estate appraiser shall comply with these
standards
is required
regardless of whether the appraisal is a federally related transaction or is capable of
being performed by an unlicensed person under 37-54-201(3).
(2)If the appraisal standards board of the appraisal foundation modifies the standards or issues
supplemental standards that it considers appropriate for all classes of real estate appraisers, the
modification is automatically adopted as observable in this state unless the board determines that a publichearing is necessary to determine whether the modified or supplemented standards must be observed in
this state. If following the hearing the board determines that the modified or supplemented standards are
appropriate, the board shall adopt the standards by rule."
NEW SECTION.ĠSection 23.Repealer. Sections 76-4-1101, 76-4-1102, 76-4-1103, 76-4-1104,
76-4-1105, 76-4-1106, 76-4-1107, 76-4-1108, 76-4-1109, 76-4-1110, 76-4-1111, 76-4-1112,
76-4-1113, 76-4-1114, 76-4-1115, 76-4-1116, and 76-4-1117, MCA, are repealed.
NEW SECTION.ĠSection 23.Codification instruction. [Section 4] is intended to be codified as an
integral part of Title 37, chapter 1, part 4, and the provisions of Title 37, chapter 1, part 4, apply to
[section 4].
NEW SECTION.ĠSection 24.Effective dates. (1) Except as provided in subsections (2) and (3),
[this act] is effective October 1, 1999.
(2) [Sections 8, 11, and 23
, and 24
and this section] are effective on passage and approval.
(3) [Section 7] is effective October 1, 2001.
h) END