SENATE BILL NO. 290
INTRODUCED BY J. LYNCH, D. SHEA
AN ACT PROVIDING THAT THE DETERMINATION OF A DISABILITY OF A PERSON FOR PARKING PERMIT PURPOSES MAY BE PERFORMED BY A LICENSED ADVANCED PRACTICE REGISTERED NURSE; AMENDING SECTIONS 49-4-301, 49-4-303, AND 49-4-305, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, advanced practice registered nurses (APRNs) provide care in a multitude of primary care settings; and
WHEREAS, APRNs in those settings provide care to people with disabilities; and
WHEREAS, for many patients, an APRN is often the only health care provider that they see regularly; and
WHEREAS, the determination of a disability for the purposes of issuing a special parking permit is based on specific predetermined criteria provided for in law; and
WHEREAS, it is within the scope and practical ability of APRNs to determine if a person meets any of the specified criteria.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 49-4-301, MCA, is amended to read:
"49-4-301. Eligibility for special parking permit. (1) The department of justice shall issue a special parking permit to
a person who has a disability that limits or impairs the person's mobility and who, as determined by a licensed physician or, a
licensed chiropractor, or a licensed advanced practice registered nurse, as provided in 37-8-202, meets one of the following
criteria:
(a) cannot walk 200 feet without stopping to rest;
(b) is severely limited in ability to walk because of an arthritic, neurological, or orthopedic condition;
(c) is so severely disabled that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;
(d) uses portable oxygen;
(e) is restricted by lung disease to the extent that forced expiratory respiratory volume, when measured by spirometry, is less than 1 liter per second or the arterial oxygen tension is less than 60 mm/hg on room air at rest;
(f) has impairment because of cardiovascular disease or a cardiac condition to the extent that the person's functional limitations are classified as class III or IV under standards accepted by the American heart association; or
(g) has a disability resulting from an acute sensitivity to automobile emissions or from another disease or physical
condition that limits or impairs the person's mobility and that is documented by the licensed physician or, the licensed
chiropractor, or the licensed advanced practice registered nurse as being comparable in severity to the other conditions listed
in this subsection (1).
(2) A person who has a condition expected to improve within 6 months may be issued a temporary placard for a period
not to exceed 6 months but may not be issued a special license plate under 61-3-332(10)(g). If the condition exists after 6
months, a new temporary placard must be issued for the time period prescribed by the applicant's physician or, chiropractor,
or advanced practice registered nurse, not to exceed 24 months, upon receipt of a new certification from the disabled
person's physician or, chiropractor, or advanced practice registered nurse that the conditions specified in subsection (1)
continue to exist and are expected to continue for the time specified.
(3) The department of justice may issue special parking permits to an agency or business that provides transportation as a service for persons with a disability. The permits must be used only to load and unload persons with a disability in the special parking place provided for in 49-4-302. As used in this subsection, "disability" means a physical impairment that severely limits a person's ability to walk.
(4) Except as provided in subsection (3), an applicant may not receive more than one permit."
Section 2. Section 49-4-303, MCA, is amended to read:
"49-4-303. Applications for permit. (1) Applications for a special parking permit may be made to the department of justice on forms provided by the department that require sufficient information to determine eligibility for a permit. The application must be accompanied by:
(a) a certificate from a licensed physician or, a licensed chiropractor, or a licensed advanced practice registered nurse, as
provided in 37-8-202, describing the extent of the applicant's disability; and
(b) a fee of $1.
(2) Applications must be available at the office of the county treasurer in each county and directly from the department."
Section 3. Section 49-4-305, MCA, is amended to read:
"49-4-305. Expiration of permit. (1) Except as provided in subsection (2), a permit expires on the occurrence of either of the following:
(a) 3 years from the date of issuance, unless the permit was issued to a person who has a condition expected to improve
within 6 months. A person may renew a permit if a licensed physician or, a licensed chiropractor, or a licensed advanced
practice registered nurse, as provided in 37-8-202, certifies that the person's mobility disability still exists and that one of the
criteria specified in 49-4-301 continues to be met.
(b) certification by a licensed physician or, a licensed chiropractor, or a licensed advanced practice registered nurse that
the person's mobility disability no longer exists or that the criteria specified in 49-4-301 can no longer be met.
(2) A permit issued before October 1, 1993, expires on:
(a) the death of the permittee; or
(b) certification by a licensed physician or, a licensed chiropractor, or a licensed advanced practice registered nurse that
the person's mobility disability no longer exists or that the criteria specified in 49-4-301 can no longer be met."
Section 4. Effective date. [This act] is effective on passage and approval.
- END -
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