House Bill No. 164
Introduced By tuss
By Request of the Department of Commerce
A Bill for an Act entitled: "An Act generally revising occupational licensing laws, including those related to hearing aid
dispensers, dentists, DENTURISTS, physical therapists, naturopathic physicians, real estate appraisers, private
electricians, fire suppression system installers, crane and hoist operators, and licensed professions and
occupations without boards; amending sections 2-15-1842, 2-15-1850, 37-4-202, 37-11-201, 37-11-303, 37-16-202,
37-16-303, 37-16-304, 37-16-405, 37-16-407, 37-26-201, 37-26-301, 37-29-303, 37-54-102, 37-54-105, 37-54-201,
37-54-202, 37-54-210, 37-54-211, 37-54-301, 37-54-304, 37-54-305, 37-54-311, 37-60-303, 37-65-202, 37-68-102,
37-68-103, 50-76-103, and 50-76-104, MCA; and repealing sections 37-54-203, 50-39-104, 50-74-314, 50-76-106,
76-4-1201, 76-4-1202, 76-4-1203, 76-4-1204, 76-4-1205, 76-4-1206, 76-4-1207, 76-4-1208, 76-4-1209, 76-4-1210,
76-4-1211, 76-4-1212, 76-4-1213, 76-4-1221, 76-4-1222, 76-4-1223, 76-4-1224, 76-4-1225, 76-4-1226, 76-4-1227,
76-4-1228, 76-4-1229, 76-4-1230, 76-4-1231, 76-4-1232, 76-4-1233, 76-4-1234, 76-4-1235, 76-4-1236, 76-4-1237,
76-4-1238, 76-4-1239, 76-4-1240, 76-4-1241, 76-4-1242, 76-4-1243, 76-4-1244, 76-4-1245, 76-4-1246, 76-4-1247,
76-4-1248, 76-4-1249, 76-4-1250, and 76-4-1251, MCA; AND PROVIDING A TERMINATION DATE."
STATEMENT OF INTENT
A statement of intent is required for this bill because it delegates rulemaking to the identified licensing boards of the
department of commerce to adopt rules to implement the provisions of 37-11-201 and 37-11-303, which allow on-demand
computerized testing for physical therapist and physical therapist assistant applicants; 37-26-201 and 37-26-301, which
allow the creation of a formulary by an alternative health care formulary committee to identify the substances that may be
prescribed by a licensed naturopathic physician; the provisions that reconcile Title 37, chapter 54, with the federal Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 and the related requirements of financial institution regulatory
agencies; and [sections
40 and 41 39 AND 40], 50-76-103, and 50-76-104, which govern the licensure of crane and hoist
Be it enacted by the Legislature of the State of Montana:
NEW SECTION. Section 1. Uniform regulation for licensing programs without boards -- definitions. As used in [sections 1 through 12], 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 commerce provided for in 2-15-1801.
(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 Title 50, chapter 39, 74, or 76.
(5) "Profession" or "occupation" means a profession or occupation regulated by the department under the provisions of Title 50, chapter 39, 74, or 76.
NEW SECTION. Section 2. Unprofessional conduct -- complaint -- investigation -- immunity. (1) A person, government, or private entity may submit a written complaint to the department charging a licensee or license applicant with a violation of [sections 1 through 12] and specifying the grounds for the complaint.
(2) If the department receives a written complaint or otherwise obtains information that a licensee or license applicant may have violated a requirement of [sections 1 through 12], the department may investigate to determine whether there is reasonable cause to believe that the licensee or license applicant has committed the violation.
(3) A person or private entity, but not a government entity, filing a complaint under this section in good faith is immune from suit in a civil action related to the filing or contents of the complaint.
NEW SECTION. Section 3. Notice -- request for hearing. (1) If the department determines that reasonable cause exists supporting the allegation made in a complaint, the department legal staff shall prepare a notice and serve the alleged violator. The notice may be served by certified mail to the current address on file with the department or by other means authorized by the Montana Rules of Civil Procedure.
(2) A licensee or license applicant shall give the department the licensee's or applicant's current address and any change of address within 30 days of the change.
(3) The notice must state that the licensee or license applicant may request a hearing to contest the charge or charges. A request for a hearing must be in writing and must be received in the offices of the department within 20 days after the licensee's receipt of the notice. Failure to request a hearing constitutes a default on the charge or charges, and the department may enter a decision on the basis of the facts available to it.
NEW SECTION. Section 4. Hearing -- adjudicative procedures. The procedures in Title 2, chapter 4, governing adjudicative proceedings before agencies, the Montana Rules of Civil Procedure, and the Montana Rules of Evidence govern a hearing under [sections 1 through 12]. The department has all the powers and duties granted by Title 2, chapter 4.
NEW SECTION. Section 5. Findings of fact -- order -- report. (1) If the department finds by a preponderance of the evidence, following a hearing or on default, that a violation of [sections 1 through 12] has occurred, the department shall prepare and serve findings of fact, conclusions of law, and an order as provided in Title 2, chapter 4. If the licensee or license applicant is found not to have violated [sections 1 through 12], the department shall prepare and serve an order of dismissal of the charges.
(2) The department may report the issuance of a notice and final order to:
(a) the person or entity who brought to the department's attention information that resulted in the initiation of the proceeding;
(b) appropriate public and private organizations that serve the profession or occupation; and
(c) the public.
NEW SECTION. Section 6. Sanctions -- stay -- costs -- stipulations. (1) Upon a decision that a licensee or license applicant has violated [sections 1 through 12] or is unable to practice with reasonable skill and safety due to a physical or mental condition or upon stipulation of the parties as provided in subsection (4), the department may issue an order providing for one or any combination of the following sanctions:
(a) revocation of the license;
(b) suspension of the license for a fixed or indefinite term;
(c) restriction or limitation of the practice;
(d) satisfactory completion of a specific program of remedial education or treatment;
(e) monitoring of the practice by a supervisor approved by the disciplining authority;
(f) censure or reprimand, either public or private;
(g) compliance with conditions of probation for a designated period of time;
(h) payment of a fine not to exceed $1,000 for each violation;
(i) denial of a license application;
(j) refund of costs and fees billed to and collected from a consumer.
(2) Any fine collected by the department as a result of disciplinary actions must be deposited in the state general fund.
(3) A sanction may be totally or partly stayed by the department. To determine which sanctions are appropriate, the department shall first consider the sanctions that are necessary to protect or compensate the public. Only after the determination has been made may the department consider and include in the order any requirements designed to rehabilitate the licensee or license applicant.
(4) The licensee or license applicant may enter into a stipulated agreement resolving potential or pending charges that includes one or more of the sanctions in this section. The stipulation is an informal disposition for the purposes of 2-4-603.
(5) A licensee shall surrender a suspended or revoked license to the department within 24 hours after receiving notification of the suspension or revocation by mailing the license or delivering it personally to the department.
NEW SECTION. Section 7. Appeal. A person who is disciplined or denied a license may appeal the decision to the district court as provided in Title 2, chapter 4.
NEW SECTION. Section 8. Reinstatement. A licensee whose license has been suspended or revoked under [sections 1 through 12] may petition the department for reinstatement after an interval set by the department in the order. The department may hold a hearing on the petition and may deny the petition or order reinstatement and impose terms and conditions as provided in 37-1-312. The department may require the successful completion of an examination as a condition of reinstatement and may treat a licensee whose license has been revoked or suspended as a new applicant for purposes of establishing the requisite qualifications of licensure.
NEW SECTION. Section 9. Enforcement of fine. (1) If payment of a fine is included in an order and timely payment is not made as directed in the order, the department may enforce the order for payment in the district court of the first judicial district.
(2) In a proceeding for enforcement of an order of payment of a fine, the order is conclusive proof of the validity of the order of payment and the terms of payment.
NEW SECTION. Section 10. Unprofessional conduct. The following is unprofessional conduct for a licensee or license applicant governed by this chapter:
(1) 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) permitting, aiding, abetting, or conspiring with a person to violate or circumvent a law relating to licensure or certification;
(3) 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) 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) making a misleading, deceptive, false, or fraudulent advertisement or other representation in the conduct of the profession or occupation;
(6) 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) the 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) failure to comply with a term, condition, or limitation of a license by final order of the department;
(9) 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) 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) interference 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) 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.
NEW SECTION. Section 11. Practice without license -- investigation of complaint -- injunction -- penalties. (1) The department may investigate a complaint concerning practice by an unlicensed person of a profession or occupation governed by [sections 1 through 12].
(2) The department may file an action to enjoin a person from practicing, without a license, a profession or occupation governed by [sections 1 through 12].
NEW SECTION. Section 12. Violation of injunction -- penalty. A person who violates an injunction issued pursuant to a proceeding under [sections 1 through 12] 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.
Section 13. Section 2-15-1842, MCA, is amended to read:
"2-15-1842. Board of dentistry. (1) There is a board of dentistry.
(a) The board consists of five dentists, one of whom shall serve as a nonvoting member, one denturist, one two dental
hygienist hygienists, and two public members, one of whom must be a senior citizen. All members are appointed by the
governor with the consent of the senate. Each licensed member shall must be licensed to practice as a dentist, denturist, or
dental hygienist in this state, shall must have actively practiced in this state for at least 5 continuous years immediately
before his the member's appointment, except as provided in subsection (2)(b), and shall must be actively engaged in
practice while serving on the board. Each member shall must be a resident of this state. (b) The provision in subsection (2)(a) requiring a licensed member to have actively practiced in this state for at least 5
continuous years immediately before his appointment does not apply to the first denturist appointed to the board.
(3) Each member shall serve for a term of 5 years.
Each dentist appointed to the board for a statutory 5-year term shall
serve the first year of the term as a nonvoting member of the board. The governor may remove a member only for neglect
(4) The governor shall fill any vacancy within 30 days.
(5) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121."
Section 14. Section 2-15-1850, MCA, is amended to read:
"2-15-1850. Board of hearing aid dispensers. (1) There is a board of hearing aid dispensers.
(2) The board consists of
five seven members appointed by the governor with the consent of the senate. The members are:
(a) one member who shall hold or be eligible for a certificate of qualification from the American board of otolaryngology;
three members who have been licensed dispensers and fitters of hearing aids for at least 5 years before their
appointment to the board two members, each of whom has been a licensed hearing aid dispenser for at least five years,
possesses national certification in audiology, and has a master's level college degree;
one public member who is not in the hearing health care field two members, each of whom does not hold a master's
level college degree in audiology but has been a licensed dispenser and fitter of hearing aids for at least 5 years before
being appointed to the board;
(d) two public members, each of whom is not in the hearing health field and one of whom regularly uses a hearing aid because the person has a demonstrated hearing impairment.
(3) Each member shall serve for a term of 3 years. A member may not be reappointed within 1 year after the expiration of
his the member's second consecutive full term.
(4) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121."
Section 15. Section 37-4-202, MCA, is amended to read:
"37-4-202. Meetings -- notice -- quorum -- records. (1) The board shall meet at least once each year in this state at the call of the president and secretary-treasurer. Five days' notice must be given by the department to board members of the time and place of the meeting of the board.
(2) Meetings held for the purpose of examining candidates for a license to practice dentistry in this state may not exceed 6 days.
Five Six members of the board constitute a quorum for the transaction of business. Its proceedings are open to public
inspection in cases of public interest.
(4) Money collected by the department under this chapter
shall must be deposited in the state special revenue fund for the
use of the board, subject to 37-1-101(6).
(5) The department shall keep a complete record of meetings and proceedings of the board and shall keep a complete
moneys money received and disbursements made by the department."
Section 16. Section 37-11-201, MCA, is amended to read:
"37-11-201. General powers -- rulemaking power -- records. (1) The board may:
(a) adopt rules to carry this chapter into effect;
(b) grant, suspend, and revoke licenses;
(c) issue subpoenas requiring the attendance of witnesses or the production of books and papers;
(d) take any other disciplinary action necessary to protect the public.
(2) The board shall:
(a) examine applicants for licenses
three times a year at reasonable places and times determined by the board;
(b) review the qualifications of applicants who are approved for examination for licensure;
(c) conduct written or computerized examinations that measure the qualifications of individual applicants along with any oral or practical examinations when determined by the board to be appropriate; and
(d) adopt rules to establish continuing education requirements of at least 20 hours biennially for license renewal for physical therapists and assistants.
(3) The department shall keep a record of the board's proceedings under this chapter and a register of persons licensed under it. The register must show the name of every licensed physical therapist and licensed assistant, the therapist's or assistant's last-known place of business and last-known place of residence, and the date of issue and the number of every license and certificate issued to a licensed physical therapist or licensed assistant.
(4) The department shall, during the month of April every year in which the renewal of licenses is required, compile a list of licensed physical therapists authorized to practice physical therapy in the state and shall mail, upon request, a copy of that list to the superintendent of every known hospital and every person licensed to practice medicine and surgery in the state. An interested person in the state is entitled to obtain a copy of the list on application to the department and payment of an amount not in excess of the cost of the list.
(5) The department may change addresses and surnames on the licensee's records only on the specific written request by the individual licensee."
Section 17. Section 37-11-303, MCA, is amended to read:
"37-11-303. Qualifications of applicants for license. (1) To be eligible for a license as a physical therapist, an applicant must:
(a) be of good moral character and at least 18 years of age;
(b) have graduated from an accredited school of physical therapy approved by the board; and
(c) pass to the satisfaction of the board a written or computerized examination prescribed by the board and, if considered necessary, an oral interview to determine the fitness of the applicant to practice as a physical therapist.
(2) To be eligible for a physical therapist assistant license, an applicant must:
(a) be of good moral character and at least 18 years of age;
(b) have graduated from an accredited physical therapist assistant curriculum approved by the board; and
(c) have passed a written or computerized examination prescribed by the board."
Section 18. Section 37-16-202, MCA, is amended to read:
"37-16-202. Powers and duties. The powers and duties of the board are to:
(1) license persons and corporations or other business entities who apply and are qualified to practice the fitting of hearing aids;
(2) establish a procedure to act as a grievance board to initiate or receive, investigate, and mediate complaints from any source concerning the activities of persons, corporations, or other business entities licensed under this chapter or their agents, whether licensed or not;
(3) suspend or revoke licenses under this chapter;
(4) designate the time and place for examining applicants for license and supervise and administer the examination;
(5) adopt rules necessary to carry out this chapter;
(6) require the periodic inspection and calibration of audiometric testing equipment and carry out periodic inspections of
facilities of persons, corporations, or other business entities who practice or engage in the business of
the fitting or selling
of hearing aids;
(7) prepare examinations required by the chapter;
(8) initiate legal action to enjoin from operation a person,
or corporation, or other business entity engaged in the sale,
dispensing, or fitting of hearing aids in this state who that is not licensed under this chapter;
(9) adopt rules consistent with the provisions of 37-16-301, 37-16-303, 37-16-304, 37-16-402, 37-16-403, 37-16-405, 37-16-407, 37-16-408, and 37-16-411. Rules adopted by the board may include but are not limited to rules defining the term "related devices" and other rules necessary to implement 37-16-301, 37-16-303, 37-16-304, 37-16-402, 37-16-403, 37-16-405, 37-16-407, 37-16-408, and 37-16-411.
(10) establish and adopt minimum requirements for the form of bills of sale and receipts."
Section 19. Section 37-16-303, MCA, is amended to read:
"37-16-303. Bill of sale --
examination by otolaryngologist -- notation on receipt that examination not medical
opinion medical evaluation requirements -- waiver. (1) Any person, corporation, or business entity who that practices
the selling, fitting, or dispensing of hearing aids and related devices shall, upon the sale of a hearing aid or related device,
deliver to each person supplied with a hearing aid or related device, by him or at his order or direction, the customer a bill
of sale that must contain:
(a) the seller's signature
, and license number and the name and address of his the seller's permanent place of business , and
the number of his license;
(b) a description of the make and type of the hearing aid or related device furnished and the amount charged;
(c) any warranty or guaranty and the right to cancel, and the terms of the warranty or guaranty and the right to cancel;
(d) the condition of the hearing aid or related device and whether it is new, used, or reconditioned;
(e) a provision that maintenance service for the hearing aid or related device is available; and
(f) the following statement, in boldface, 12-point type: "If you have any questions regarding your consumer rights with respect to hearing aids and related devices, contact the state Board of Hearing Aid Dispensers." The statement must also list the current telephone number and address of the board's office.
Any person practicing the selling, dispensing, or fitting of hearing aids and related devices shall, if dealing with a
person under 19 years of age, ascertain if the person has been examined by an otolaryngologist within 90 days prior to the
fitting and shall obtain the otolaryngologist's recommendations. If the person has not been examined, the licensed hearing
aid dispenser shall recommend to the parent or guardian or to the person if emancipated that he have a medical
examination. The licensed hearing aid dispenser shall issue a separate receipt, signed by the purchaser, indicating that the
hearing aid dispenser made this recommendation. (b) Any person practicing the selling, dispensing, or fitting of hearing aids and related devices shall, if the aid or device is
to be purchased with state funds, ascertain if the person has been examined by a licensed physician within 90 days prior to
the fitting and shall obtain the licensed physician's recommendations. If the person has not been examined, the licensed
hearing aid dispenser shall recommend to the person being fitted that he have a medical examination. The licensed hearing
aid dispenser shall issue a separate receipt, signed by the purchaser, indicating that the hearing aid dispenser made this
recommendation Except as provided in subsection (2)(b), a hearing aid dispenser may not sell a hearing aid to a person
unless the person has presented to the hearing aid dispenser a written statement signed by a licensed physician within the
previous 6 months that states that the person's hearing loss has been medically evaluated and that the person may benefit
from a hearing aid.
(b) If the prospective hearing aid purchaser is 18 years of age or older, the hearing aid dispenser may give that person the opportunity to waive the requirements of subsection (2)(a) in accordance with the disclosure, waiver form, and instructional brochure requirements of the U.S. food and drug administration regulations found at 42 CFR 801.420 and 42 CFR 801.421.
(3) A separate receipt issued under subsection (2) must bear, in no smaller type than the largest used in the body portion,
the following: "Any examination(s) or representation(s) made by a licensed hearing aid dispenser in connection with the
dispensing, fitting, and selling of this hearing aid(s) or device is not an examination, diagnosis, or prescription by a person
licensed to practice medicine in this state and, therefore, must not be regarded as medical opinion or advice." (4) The board may establish and adopt minimum requirements for the form of bills of sale and receipts. (5) All purchase agreements or bills of sale must prominently display the following statement: "If you have any questions
regarding your consumer rights with respect to hearing aids and related devices, please contact the Department of
Commerce -- Board of Hearing Aid Dispensers.""
Section 20. Section 37-16-304, MCA, is amended to read:
"37-16-304. Right to cancel -- return of hearing aid or related device -- notice -- refund. (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
if: (a) the hearing aid or related device is defective in fit or function; or (b) a licensed hearing aid dispenser has failed to correct a problem in fit or function. (2) (a) If a purchaser cancels the sale of a hearing aid or related device for a reason provided in subsection (1), he shall
provide by providing written notice to the establishment that employed the licensed hearing aid dispenser at the time the
hearing aid was purchased seller indicating his the purchaser's intention not to be bound by the sale contract. The purchaser
shall also 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. (b)(2) For the purpose of determining whether cancellation has occurred within 30 days of the date of delivery, written
notice: (i)(a) given by mail is considered given on the date mailed; and (ii)(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 hearing aid or related device
minus the dispensing fee within
30 10 days of receipt of written notice of cancellation. For the purposes of this section, the
dispensing fee may not exceed 20% 10% of the total cost of the hearing aid or related device, less credit given for trade-in
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.
All sales receipts for refunds issued by the seller of a hearing aid or related device must contain a statement of the
reason for the cancellation. 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 21. 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 the practical examination under 37-16-403 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 commensurate with the
cost of administering the license and related functions of the board and verification that the applicant has passed the written
portion of the examination with a passing score
of at least 70%, 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
must 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) (a) 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. In no event may more than one renewal be permitted.
(b) The fee for renewal must be set by the board commensurate with the cost of administering the license and related functions of the board.
(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 22. Section 37-16-407, MCA, is amended to read:
"37-16-407. Renewal of license -- fee -- inactive status. (1) A person, corporation, or other business entity
practices the fitting of hearing aids and related devices shall annually pay to the department a fee as set by the board for a
renewal of the person's, corporation's, or business entity's license. The fee must be fixed by the board to be commensurate
with board costs in administering licensure and related board functions. The fee must be increased 10% for each month or
major portion of a month that the payment of the renewal fee is delayed after the expiration date. The maximum fee for a
delayed renewal may not exceed twice the normal renewal fee as set by the board. A person applying for renewal whose
license was suspended for failure to renew is required to submit to the examinations described in 37-16-403 as a condition
of renewal for a 3-year period after suspension The board shall impose a late fee for renewal applications received after the
(2) Each applicant for license renewal shall submit evidence showing completion of 10 hours of continuing education completed during the preceding 12 months. The requirements of the continuing education programs are to be determined by the board by rule.
(3) (a) The board may set standards and fees for issuing licenses that designate inactive status.
(b) An inactive licensee may be reinstated to active practice if the inactive licensee:
(i) applies for reinstatement;
(ii) pays a fee set by the board; and
(iii) produces proof satisfactory to the board of completion of the continuing education requirements established by the board."
Section 23. 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 prescribing the time, place, content, and passing requirements of the licensure examination, which may be composed of part or all of the national naturopathic physicians licensing examination;
(4) 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;
(5) adopt rules that set nonrefundable fees, commensurate with costs, for application, examination, licensure, and other administrative services;
(6) approve naturopathic medical colleges as defined in 37-26-103;
(7) issue certificates of specialty practice;
(8) 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
or the legend drugs allowed under 37-26-301; and
(9) adopt rules that contain the natural substance formulary list created by the alternative health care formulary committee provided for in 37-26-301."
Section 24. Section 37-26-301, MCA, is amended to read:
"37-26-301. Practice of naturopathic health care -- alternative health care formulary committee. (1) Naturopathic physicians may practice naturopathic medicine as a limited practice of the healing arts as exempted in 37-3-103(1)(n), with the following restrictions. A naturopathic physician may not:
(a) prescribe, dispense, or administer any legend drug as defined in 50-31-301 except for whole gland thyroid;
homeopathic preparations; the natural therapeutic substances, drugs, and therapies described in subsection (2); and oxytocin
(pitocin), provided that the naturopathic physician may administer but may not prescribe or dispense oxytocin (pitocin);
(A) PRESCRIBE, DISPENSE, OR ADMINISTER ANY LEGEND DRUG, AS DEFINED IN 50-31-301, EXCEPT FOR WHOLE GLAND THYROID; HOMEOPATHIC PREPARATIONS; THE NATURAL THERAPEUTIC SUBSTANCES, DRUGS, AND THERAPIES DESCRIBED IN SUBSECTION (2); AND OXYTOCIN (PITOCIN), PROVIDED THAT THE NATUROPATHIC PHYSICIAN MAY ADMINISTER BUT MAY NOT PRESCRIBE OR DISPENSE OXYTOCIN (PITOCIN);
(b)(a)(B) administer ionizing radioactive substances for therapeutic purposes; (c)(b)(C) perform surgical procedures except those minor surgery procedures authorized by this chapter; or (d)(c)(D) claim to practice any licensed health care profession or system of treatment other than naturopathic medicine
unless holding a separate license in that profession.
(2) Naturopathic physicians may prescribe and administer for preventive and therapeutic purposes the following natural therapeutic substances, drugs, and therapies, as well as drugs on the natural substance formulary list provided for in subsection (3):
(a) food, food extracts, vitamins, minerals, enzymes, whole gland thyroid, botanical medicines, homeopathic preparations, and oxytocin (pitocin);
(b) topical drugs, health care counseling, nutritional counseling and dietary therapy, naturopathic physical applications, therapeutic devices, and nonprescription drugs; and
(c) barrier devices for contraception, naturopathic childbirth attendance, and minor surgery.
(3) A five-member alternative health care formulary committee appointed by the board shall establish a natural substance
formulary list. The committee consists of a licensed pharmacist
nominated by the Montana pharmaceutical association plus
four members of the board, two of whom must be licensed naturopathic physicians, one who must be a licensed medical
doctor, and one who must be a public member. The list may not go beyond the scope of substances covered by approved
naturopathic college curricula or continuing education and must be reviewed annually by the committee. Changes to the list
that are recommended by the committee and accepted by the board must be published as administrative rules.
(4) Naturopathic physicians may perform or order for diagnostic purposes a physical or orificial examination, ultrasound, phlebotomy, clinical laboratory test or examination, physiological function test, and any other noninvasive diagnostic procedure commonly used by physicians in general practice and as authorized by 37-26-201(2).
(4)(5) Except as provided by this subsection, it is unlawful for a naturopath to engage, directly or indirectly, in the
dispensing of any drugs that a naturopath is authorized to prescribe by subsection (2). If the place where a naturopath
maintains an office for the practice of naturopathy is more than 10 miles from a place of business that sells and dispenses
the drugs a naturopath may prescribe under subsection (2), then, to the extent the drugs are not available within 10 miles of
the naturopath's office, the naturopath may sell the drugs that are unavailable."
SECTION 25. SECTION 37-29-303, MCA, IS AMENDED TO READ:
"37-29-303. Application for license. Upon application and payment of the appropriate fee, except as provided in subsection (3), the board shall issue a license to practice denturitry to any applicant who meets the following criteria and scores a passing grade on the examination for licensure:
(1) documentation that the applicant has completed formal training of not less than 2 years at an educational institution accredited by a national or regional accrediting agency recognized by the Montana state board of regents, the curriculum of which includes courses in head and oral anatomy and physiology, oral pathology, microbiology, partial denture construction and design, clinical dental technology, radiology, dental laboratory technology, asepsis, clinical jurisprudence, and medical emergencies, including cardiopulmonary resuscitation; and
(2) documentation that the applicant:
(a) has completed 1 year of internship under the direct supervision of a licensed denturist; or
(b) has 3 years of experience as a denturist under licensure in another state or Canada.
(3) Notwithstanding the provisions of subsections (1) and (2), the board may issue a license to a person who has previously been licensed under the provisions of this chapter but whose license has expired. Before issuing the license, the board may require:
(a) a clinical practical examination of competency; or
(b) documentation verifying that the person seeking the license has completed continuing education courses that constitute, in the board's judgment, practical training that is substantially equivalent to the 3 years of experience required in subsection (2)(b)."
Section 26. Section 37-54-102, MCA, is amended to read:
"37-54-102. Definitions. Terms commonly used in appraisal practice and as used in this chapter must be defined according to the Uniform Standards of Appraisal Practice, as issued by the appraisal foundation. As used in this chapter, unless the context requires otherwise, the following definitions apply:
(1) "Appraisal" or "real estate appraisal" means an analysis, opinion, or conclusion relating to the nature, quality, value, or
utility of a specified interest in or aspects of identified real estate. (2) "Appraisal assignment" means an appraisal classified by the nature of the assignment as: (a) a valuation appraisal, which is an analysis, opinion, or conclusion prepared by a real estate appraiser that estimates the
value of an identified parcel of real estate or identified real property at a particular point in time; (b) an analysis assignment, which is an analysis, opinion, or conclusion prepared by a real estate appraiser that relates to
the nature, quality, or utility of identified real estate or identified real property; or (c) a review assignment, which is an analysis, opinion, or conclusion prepared by a real estate appraiser that forms an
opinion as to the adequacy and appropriateness of a valuation appraisal. (3)(1) "Appraisal foundation" means the appraisal foundation incorporated as an Illinois not-for-profit corporation on
November 30, 1987, pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 12
U.S.C. 3310, et seq. The purposes of the appraisal foundation are to:
(a) establish and improve uniform appraisal standards by defining, issuing, and promoting those standards;
(b) establish appropriate criteria for the licensure and certification
and recertification of qualified appraisers by defining,
issuing, and promoting qualification criteria and disseminate the qualification criteria to states and other governmental
(c) develop or assist in the development of appropriate examinations for qualified appraisers.
(4) "Appraisal report" means a written or oral communication of a real estate appraisal. An appraisal report for a federally
related transaction must be in writing. An appraisal report may be classified by the nature of the assignment as a "valuation
report", an "analysis report", or a "review report". For the purposes of this chapter, testimony of a licensed or certified real
estate appraiser dealing with the appraiser's analyses, opinions, or conclusions concerning identified real estate or identified
real property is considered an oral appraisal report. (5)(2) "Board" means the board of real estate appraisers provided for in 2-15-1868. (6) "Certified appraisal report" means an appraisal or appraisal report given or signed and certified by a certified real estate
appraiser. When identifying an appraisal or appraisal report as "certified", the certified real estate appraiser shall indicate
the class of certification the appraiser holds. (7)(3) "Certified real estate appraiser" means a person who develops and communicates real estate appraisals and who has
a valid real estate appraisal certificate issued under 37-54-305. (8)(4) "Department" means the department of commerce provided for in 2-15-1801. (9) "Independent appraisal service" means an engagement for which a person is employed or retained to act, or would be
perceived by a third party or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or
conclusion relating to the nature, quality, value, or utility of identified real estate or identified real property. (10)(5) "Licensed real estate appraiser" means a person who holds a current valid real estate appraiser license issued under
37-54-201. (11) "Real estate" means an identified parcel or tract of land, including any improvements on the land. (12) "Real property" means one or more defined interests, benefits, and rights inherent in the ownership of real estate."
Section 27. Section 37-54-105, MCA, is amended to read:
"37-54-105. Powers and duties of board. The board shall:
(1) adopt rules to implement and administer the provisions of this chapter;
(2) establish and collect fees commensurate with the costs of licensure and certification and renewal of a license or certificate;
(3) make available application forms for licensure and certification within 15 days of the first meeting of the board; (4)(3) establish minimum requirements for education, experience, and examination for licensure and certification as set out
by the appraisal qualification board of the appraisal foundation; (5)(4) receive applications for examination from qualified applicants, prescribe and administer examinations to qualified
applicants, and determine the acceptable level of performance on examinations; (6)(5) receive and review applications for licensure and certification and issue licenses and certificates; (7)(6) review periodically the standards for development and communication of appraisals and adopt rules explaining and
interpreting the standards; (8)(7) retain all applications and other records submitted to it; (9) maintain a registry of the names and addresses of licensees and certificate holders; (10) establish disciplinary procedures for reprimand, suspension, or revocation of a license and certificate; (11)(8) adopt by rule standards of professional appraisal practice in this state; (12)(9) reprimand, suspend, revoke, or refuse to renew the license or certificate of a person who has violated the standards
established for licensed and certified real estate appraisers; and (13)(10) perform other duties necessary to implement this chapter."
Section 28. Section 37-54-201, MCA, is amended to read:
"37-54-201. Real estate appraiser license -- scope and display of license. (1) Upon proof that an applicant meets the qualifications set out in 37-54-202 and upon payment of license fees adopted under 37-54-105, the board shall issue to the applicant a real estate appraiser license.
(2) The term "licensed real estate appraiser" may not be used to describe a firm, partnership, corporation, group, or anyone other than an individual licensee. However, a licensed real estate appraiser may engage in real estate appraisal as a professional corporation.
Nothing in this This chapter precludes does not preclude a person who is not a licensed or certified real estate appraiser
from appraising real property for nonfederally related transactions not related to a federal agency or project for
compensation, provided that the person does not represent himself as purport to be a licensed or certified real estate
appraiser. A person who refers to himself or his company as being purports that the person or the person's company is
licensed under this section or certified under 37-54-302 through 37-54-304 without possessing the applicable license or
certificate is guilty of a misdemeanor.
(4) This section does not:
(a) prohibit a person who is licensed to practice in this state under any law from engaging in the practice for which
person is licensed;
(b) apply to public officials in the conduct of their official duties that are not governed by the rules established by the
Federal Financial Institutions Examination Council (FFIEC) federal financial institutions examination council agencies.
(5) A licensed or certified real estate appraiser
has is subject to restrictions on the scope of practice, depending on the value
and complexity of the federally related transaction or transactions pursuant to rules established by the federal financial
institutions examination council (FFIEC) agencies, and the restrictions must remain current with any changes in those rules.
(6) A licensed real estate appraiser shall conspicuously display the license in
his the appraiser's principal place of
Section 29. Section 37-54-202, MCA, is amended to read:
"37-54-202. Qualifications for licensure. To qualify for a real estate appraiser license, an applicant:
(1) shall successfully complete at least 75 classroom hours of a course of study described in 37-54-203 and approved by
the board. (a) The course of study must be conducted by: (i) an accredited university, college, or junior college; (ii) an approved real estate appraisal or real estate-related organization; or (iii) another school approved by the board. (b) The classroom hours must include: (i) at least 60 hours relating to the basic principles of land economics and real estate appraisal; and (ii) at least 15 hours relating to the standards of professional appraisal practice set out in 37-54-403 and the ethical rules, as
established by board rule, to be observed by a real estate appraiser. (2) shall pass an examination administered by the board that is based on the study required by 37-54-203 and subsection
(1) of this section and is designed to test the applicant's knowledge of the basic principles of land economics and real estate
appraisal, standards of professional appraisal practice, and ethical rules to be observed by a real estate appraiser; (3) must be of good moral character; (4) must have experience in real estate appraisal as prescribed by the board. The board shall adopt rules pertaining to real
estate appraisal experience that substantially comply with and are not more stringent than those required for compliance
with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(1) must be of good moral character;
(2) shall successfully complete a course of study prescribed by the board;
(3) must have the type and amount of experience in real estate appraisal prescribed by the board;
(4) shall successfully complete an examination prescribed by the board; and
(5) shall comply with any other requirements related to the practice of real estate appraisal as prescribed by the board by rule."
Section 30. Section 37-54-210, MCA, is amended to read:
"37-54-210. License renewal. (1) A real estate appraiser's license expires on the date set by department rule.
(2) A licensee may renew a license by filing an application with the board on a form approved by the board, paying a renewal fee prescribed by the board, and meeting all requirements of this chapter.
(3) In renewing a license, the board shall ensure that the licensee has a working knowledge of:
(a) current real estate appraisal theories; and
(b) practices and techniques that will enable the licensee to provide competent
independent appraisal service under the
authority of the license."
Section 31. Section 37-54-211, MCA, is amended to read:
"37-54-211. Late renewal of license. (1) A license that is not renewed within 1 year of the most recent renewal date automatically terminates. A licensee may renew the license within the 1-year period from the date of most recent renewal by:
(a) filing with the board an application for late renewal on a form approved by the board;
(b) satisfying the requirements for continued licensure; and
(c) paying a late renewal fee prescribed by the board.
(2) The board may refuse to renew a license if the licensee has continued to perform
independent appraisal services as a
licensed real estate appraiser following expiration of the license."
Section 32. Section 37-54-301, MCA, is amended to read:
"37-54-301. Certification -- use of term -- standards of practice. (1) A person may not represent
himself to be to the
public that the person is a certified real estate appraiser unless he the person is certified under this chapter.
(2) Only a certified real estate appraiser may prepare and sign a certified appraisal report relating to real estate or real property in this state. If an appraisal report is prepared, signed, and certified by a certified real estate appraiser, a person licensed under this chapter who assisted in the preparation of the appraisal may cosign the appraisal report.
(3) The term "certified real estate appraiser" may not be used to describe a firm, partnership, corporation, group, or anyone other than an individual certificate holder. However, a certified real estate appraiser may develop and communicate an appraisal on behalf of a firm, partnership, corporation, or group.
(4) Whenever an appraisal or appraiser report is identified by the certified real estate appraiser as "certified", the appraiser shall indicate in writing the class of certification the appraiser holds."
Section 33. Section 37-54-304, MCA, is amended to read:
"37-54-304. Certification examination. (1) A person who satisfies the qualification requirements of 37-54-202 and the education and experience requirements of 37-54-303 may apply for examination as a certified real estate appraiser in the manner prescribed by this section.
(2) The board shall adopt and administer a written examination for certified real estate appraisers and establish standards of
acceptable performance for each class of certification that are at least as stringent as those required for compliance with
Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. (3)(2) An In addition to the examination subjects required by the board, an applicant must be examined on the following
subjects: (a) technical terms commonly used in or related to: (i) real estate appraisal; (ii) appraisal report writing; and (iii) economic concepts applicable to real estate; (b) principles of land economics, real estate law, and real estate appraisal processes; (c) problems likely to be encountered in gathering, interpreting, and processing data required for developing and
communicating an appraisal; (d) standards for the development and communication of certified real estate appraisals; (e) (i) theories of depreciation and cost estimating; (ii) methods of capitalization; and (iii) the mathematics of real estate appraisal appropriate to the class or classes of certification sought by the applicant; and (f) types of misconduct for which disciplinary action may be initiated under this chapter. (4)(3) Examinations must be given at least four times each year at times and places as the board determines. (5)(4) An applicant may not retake the examination within 6 months after having failed it a second or subsequent time."
Section 34. Section 37-54-305, MCA, is amended to read:
"37-54-305. Issuance and display of certificate. (1) The board shall issue a certificate and a pocket card to a person who meets the requirements of 37-54-302 through 37-54-304.
(2) The certificate must include the dates of issuance and renewal of certification.
(3) A certified real estate appraiser shall conspicuously display the certificate in
his the appraiser's principal place of
(4) A certified real estate appraiser shall designate the class for which
he the appraiser is certified and place his the
certificate number on each appraisal report, contract, or other instrument used by him that the appraiser uses in conducting
real estate appraisal activities."
Section 35. Section 37-54-311, MCA, is amended to read:
"37-54-311. Late renewal of certificate. (1) A certificate that is not renewed within 1 year of the most recent renewal date automatically terminates. A certificate holder may renew the certificate within the 1-year period from the date of most recent renewal by:
(a) filing with the board an application for late renewal on a form approved by the board;
(b) satisfying the requirements set by law; and
(c) paying a late renewal fee prescribed by the board.
(2) The board may refuse to renew a certificate if the certificate holder has continued to perform
services in this state following expiration of the certificate."
Section 36. Section 37-60-303, MCA, is amended to read:
"37-60-303. License qualifications. (1) Except as otherwise specified in this section, an applicant for licensure under this
chapter shall submit evidence under oath that
he the applicant:
(a) is at least 18 years of age;
(b) is a citizen 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
such 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 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
such the training; and
such 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
he the applicant:
(a) is at least 21 years of age;
(b) has at least a high school education or its equivalent;
(c) has not been dishonorably discharged from any branch of the United States military service;
(d) for a period of not less than 3 years:
(i) has been lawfully engaged in the private investigative business;
(ii) has been lawfully employed as a private investigator or been the holder of a certificate of authority to conduct a private investigative business; or
(iii) has been an investigator, detective, special agent, or peace officer of a city, county, or state government or of the United States government; and
has completed the training requirements of a private investigator training program certified by the board and furnished,
on a form prescribed by the board, written notice of satisfactory completion of such training; and (f) has fulfilled such other any other requirements as the board may by rule prescribe.
(4) Up to one-half of the experience required by subsection (3)(d) may be met by a combination of education and training as accepted by the board. All college credits must be from an accredited college or university and be verified by transcript.
(5) Applicants who will wear or carry firearms in performance of their duties shall submit written notice of satisfactory completion of a firearms training program certified by or satisfactory to the board, as it may by rule prescribe.
(6) A corporation applying for a license under this section must be incorporated under the laws of this state or be duly qualified to do business within this state.
(7) The board shall require an applicant to demonstrate by written examination such additional qualifications as the board may by rule require."
Section 37. Section 37-65-202, MCA, is amended to read:
"37-65-202. Compensation of board members -- expenses. Each member of the board is entitled to receive
compensation and travel expenses
at the rate as provided in 37-1-133 and the actual cost of mileage or other reasonable
transportation costs, meals, and lodging when engaged in official board business." Section 37. Section 37-68-102, MCA, is amended to read: "37-68-102. Definitions. Unless the context requires otherwise, in this chapter the following definitions apply: (1) "Board" means the state electrical board provided for in 2-15-1874. (2) "Department" means the department of commerce provided for in Title 2, chapter 15, part 18. (3) "Electrical contractor" means a person, firm, partnership, corporation, association, or combination of these who
undertakes or offers to undertake for another the planning, laying out, supervising, and installing or the making of
additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power. A
registered electrical engineer who plans or designs electrical installations is not an electrical contractor. (4) "Journeyman electrician" means a person having the necessary qualifications, training, experience, and technical
knowledge to wire for, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes
under the rules governing this work. (5) "Low-voltage installations" means any electrical system under 90 volts as measured by a broad scope test. (6) "Master electrician" means a person having the necessary qualifications, training, experience, and technical knowledge
to properly plan, lay out, and supervise the installation and repair of wiring apparatus and equipment for electric light, heat,
power, and other purposes under the rules governing this work. (6)(7) "Residential electrician" means a person having the necessary qualifications, training, experience, and technical
knowledge to wire for, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes in
residential construction consisting of less than five living units in a single structure under the rules governing this work." Section 38. Section 37-68-103, MCA, is amended to read: "37-68-103. Exemptions. (1) Nothing in this This chapter shall be deemed to does not apply to the installation, alteration,
or repair of electrical signal or communications equipment owned or operated by a public utility or a city. For purposes of
this exemption, "communications equipment" includes telephone wire inside a customer's premises. Nothing in this This
chapter prohibits does not prohibit a public utility from doing inside wiring to install, alter, repair, or maintain electrical
equipment, installations, or facilities in buildings owned by the public utility if the work is accomplished by an employee
who is a licensed electrician. If the building owned by the public utility is open to the public and the inside wiring
constitutes major renovation or construction, the installation, alteration, repair, or maintenance of electrical equipment,
installations, or facilities is subject to permits and inspections required by law. (2) The licensing or inspection provisions of this chapter do not apply to regularly employed maintenance electricians
doing maintenance work on the business premises of their employer, nor do they apply to line work on the business
premises of the employer when ordinary and customary in-plant or onsite installations, modifications, additions, or repairs
are performed. (3) Nothing in this This chapter shall may not be construed to require an individual to hold a license while performing or
for the purpose of doing performing electrical work on his the individual's own property or residence provided that said the
property or residence is maintained for his the individual's own use. (4) An individual, firm, partnership, or corporation may engage in business as an electrical contractor without an
electrician's license if all electrical work performed by such the individual, firm, partnership, or corporation is under the
direction, control, and supervision of a licensed master electrician or under the direction, control, and supervision of a
journeyman electrician for residential construction consisting of less than five living residential units in a single structure. (5) Any person who plugs in an electrical appliance where an approved electrical outlet is already installed shall may not
be considered as an installer. (6) No provisions of this This chapter shall may not in any manner interfere with, hamper, preclude, or prohibit any vendor
of any electrical appliance from selling, delivering, and connecting any electrical appliance if the connection does not
necessitate the installation of electrical wiring of the structure where the appliance is to be connected. (7) This chapter may not be construed to require an individual to hold a license for performing or acting as a contractor to
perform low-voltage installations. This exemption does not apply to fire and smoke installations that are regulated under
Title 50, chapter 3."
NEW SECTION. Section 38. Definitions. As used in this chapter, the following definitions apply:
(1) "Apprentice" means a person who is working in a training capacity to service or instal fire alarm systems, special agent fire suppression systems, or fire extinguishing systems and who is studying in accordance with a program approved by the department of commerce.
(2) "Endorsement" means a document, issued by the department of commerce to an individual who has met qualifications, that authorizes the individual to sell, service, and install fire alarm systems, special agent fire suppression systems, or fire extinguishing systems.
(3) "Entity" means any business, partnership, sole proprietorship, organization, association, corporation, firm, governmental organization, fire agency, or any other business association.
(4) (a) "Fire alarm system" means a combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signaling the event of fire or system activation.
(b) The term does not include single station smoke or heat detectors.
(5) "Fire extinguisher" means a portable device containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire.
(6) "Fire extinguishing system" means a fire sprinkler system designed in accordance with nationally recognized standards that consists of an assembly of piping or conduits that conveys water, foam, or air with or without other agents to dispersal openings or devices to extinguish, control, or contain fire and to provide protection from exposure to fire or the products of combustion. Included are underground and overhead piping, ponds, tanks, pumps, extra or special hazard applications, and other related components or devices necessary for water supplies.
(7) "Inspection" means the periodic examination of premises, equipment, or procedures or of a licensed or endorsed person or entity to determine whether the person's or entity's business or profession is being conducted in a manner consistent with the public health, safety, and welfare. The term includes the inquiry, analysis, audit, or other pursuit of information, with respect to a written complaint or other information before the department of commerce, that is carried out for the purpose of assisting the department of commerce in determining:
(a) whether a person has violated a provision of law justifying discipline against the person;
(b) whether a license should be granted or denied; or
(c) whether the department of commerce should seek an injunction against unlicensed practice.
(8) (a) "Install" means the technical work that may be performed only by an endorsed individual or an apprentice in the assembly of a fire alarm system, special agent fire suppression system, or fire extinguishing system.
(b) The term does not include the delivery of supplies or the offsite cutting or threading of pipe.
(c) The term does include the following tasks:
(i) inspection of jobsites to determine the presence of obstructions and to ascertain that holes will not cause structural weaknesses;
(ii) determination of the course or plan of installation;
(iii) any jobsite bending of pipe or electrical conduit as part of the installation;
(iv) jobsite assembly and installation of metal or nonmetal pipe fittings, including but not limited to those made of brass, copper, lead, glass, and plastic;
(v) jobsite assembly and installation of wiring systems;
(vi) joining of piping by any means, including pipes joined by threaded, caulked, wiped, soldered, brazed, fused, or cemented joints;
(vii) securing of pipe, wire, or electrical conduit to the structure by any means, including but not limited to clamps, brackets, hangers, and welds; and
(viii) testing the installed system for electrical or mechanical malfunctions.
(9) "License" means the document issued by the department of commerce that authorizes a person or entity to engage in the business of servicing fire extinguishers or to engage in the business of selling, servicing, or installing fire alarm systems, special agent fire suppression systems, or fire extinguishing systems.
(10) "Sell", "sale", and associated words mean offering or contracting to transfer, lease, or rent any merchandise, equipment, or service at retail to the public or any member of the public for an agreed sum of money or other consideration.
(11) (a) "Service", when referring to portable fire extinguishers and fire extinguisher cylinders, means maintenance and includes breakdown for replacement of parts or for agent, repair, recharging, or hydrostatic testing.
(b) When referring to alarm systems, fire extinguishing systems, and fire suppression systems, the term means maintenance and testing required to keep the protective signaling, extinguishing, and suppression system and its component parts in an operative condition at all times, together with replacement of the system or its component parts with listed or approved parts when for any reason they become undependable, defective, or inoperative.
(c) The term does not include resetting manual alarm systems that may be reset by a properly trained building owner or the owner's designated representative.
(12) "Special agent fire suppression system" means an approved system and components that require individual engineering in accordance with manufacturer specifications and includes dry chemical, carbon dioxide, halogenated, gaseous agent, foam, and wet chemical systems. The term includes a preengineered system but does not include a fire extinguishing system.
NEW SECTION. Section 39. Definitions. As used in this part, the following definitions apply:
(1) "Crane" means a machine with a hoisting mechanism that is integral to the machine and that is used for lifting and lowering a load and for moving it horizontally.
(2) "Department" means the department of commerce provided for in 2-15-1801.
(3) "Gantry crane" and "trolley crane" are synonymous and mean a crane similar to an overhead crane except that the bridge for carrying the trolley or trolleys is rigidly supported on two or more legs running on fixed rails or another type of runway.
(4) "Hoist" means a power-driven apparatus capable of lifting and lowering loads and not designed to facilitate horizontal movements.
NEW SECTION. Section 40. Rulemaking authority. The department may adopt rules consistent with the purposes of this chapter for the administration of the following classes of crane and hoist operators:
(1) crane and hoist oiler;
(2) crane and hoist hoisting;
(3) crane and hoist hydraulic;
(4) crane gantry and trolley;
(6) mine hoists;
(7) hydraulic and boom trucks; and
(8) tower crane.
Section 41. Section 50-76-103, MCA, is amended to read:
"50-76-103. Crane and hoist license required. (1) (a) It is unlawful for a person to operate any
hoisting crane and hoist
equipment, when used in hoisting or lowering personnel or material, that has a manufacturer's rating of more than 6 tons or
and a boom length of more than 25 feet without first obtaining a license from the department of commerce. This equipment
includes overhead trolley and gantry cranes used in construction only and excludes equipment with excavation attachments
or log loading equipment when in use.
(b) In emergencies, 50-74-317 applies to the operation of the equipment named in this section.
(2) Licensing is as follows:
hoisting crane and hoist engineers are licensed to operate any hoisting equipment in industrial or
(b) (i) An applicant for a first-class
hoisting crane and hoist engineer's license must be 18 years of age or older and:
(A) must have no less than 3 years' experience operating equipment requiring a second-class
hoisting crane and hoist
engineer's license or shall demonstrate equivalent competency by examination; and
(B) is required to pass a written test prescribed by the department of commerce.
An annual A biennial physical exam is required of all licensees.
hoisting crane and hoist engineers are licensed to operate hoisting crane and hoist equipment with a
manufacturer's rating of 6 tons or and a boom length of 25 feet up to equipment with a rating of 15 tons and a boom length
of 60 feet.
(d) (i) An applicant for a second-class
hoisting crane and hoist engineer's license must be 18 years of age or older and:
(A) must have no less than 2 years' experience in actual operation of
hoisting crane and hoist equipment covered by this
section or shall demonstrate equivalent competency by examination; and
(B) is required to successfully pass a written examination prescribed by the department of commerce.
An annual A biennial physical exam is required of all licensees.
hoisting crane and hoist engineers are licensed to move all truck cranes driven by any power and of any
capacity. This license requirement applies to truck crane oilers who move truck cranes.
(f) An applicant for a third-class
hoisting crane and hoist engineer's license is required to successfully pass a written test
prescribed by the department of commerce and must be 18 years of age or older before receiving a license.
(3) The department of commerce shall reexamine each licensed engineer or operator every 5 years during the anniversary month of the issuance of the license if the licensee has not worked at the trade for 5 years."
Section 42. Section 50-76-104, MCA, is amended to read:
"50-76-104. Application and fee for license. Application for licenses must be made to the department of commerce and
submitted with the appropriate fee that is set commensurate with the cost of administering this program, to be deposited in
the state special revenue fund for use by the department.
The same fee must be charged as required by law for obtaining a
license to operate steam engines, boilers, and steam-driven machinery under chapter 74 of this title."
NEW SECTION. Section 43. Repealer. Sections 37-54-203, 50-39-104, 50-74-314, 50-76-106, 76-4-1201, 76-4-1202, 76-4-1203, 76-4-1204, 76-4-1205, 76-4-1206, 76-4-1207, 76-4-1208, 76-4-1209, 76-4-1210, 76-4-1211, 76-4-1212, 76-4-1213, 76-4-1221, 76-4-1222, 76-4-1223, 76-4-1224, 76-4-1225, 76-4-1226, 76-4-1227, 76-4-1228, 76-4-1229, 76-4-1230, 76-4-1231, 76-4-1232, 76-4-1233, 76-4-1234, 76-4-1235, 76-4-1236, 76-4-1237, 76-4-1238, 76-4-1239, 76-4-1240, 76-4-1241, 76-4-1242, 76-4-1243, 76-4-1244, 76-4-1245, 76-4-1246, 76-4-1247, 76-4-1248, 76-4-1249, 76-4-1250, and 76-4-1251, MCA, are repealed.
NEW SECTION. Section 44. Codification instruction. (1) [Sections 1 through 12] are intended to be codified as an integral part of Title 37, chapter 1, and the provisions of Title 37, chapter 1, apply to [sections 1 through 12].
39 38] is intended to be codified as an integral part of Title 50, chapter 39, and the provisions of Title 50,
chapter 39, apply to [section 39 38].
40 and 41 39 AND 40] are intended to be codified as an integral part of Title 50, chapter 76, part 1, and the
provisions of Title 50, chapter 76, part 1, apply to [sections 40 and 41 39 AND 40].
NEW SECTION. Section 45. Coordination instruction. (1) If [this act] and __ Bill No. __ [LC 423] are both passed and approved, then [section 7], relating to unprofessional conduct complaint--sanctions, and [section 8], relating to penalty, of __ Bill No. __ [LC 423] are void.
(2) Any legislation enacted by the 55th legislature that enacts a license requirement for a profession or occupation that is not administered by a board must be subject to the provisions of [sections 1 through 12], and the code commissioner shall include appropriate references to reflect the provisions of [sections 1 through 12].
NEW SECTION. Section 46. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
NEW SECTION. SECTION 47. TERMINATION. [SECTION 25] TERMINATES JANUARY 1, 1998.