Senate Bill No. 148

Introduced By bishop



A Bill for an Act entitled: "An Act establishing ALLOWING reciprocity as a condition AGREEMENTS for issuing a professional or occupational license LICENSES to a person PERSONS licensed in another state; and amending section

37-1-304, MCA."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 37-1-304, MCA, is amended to read:

"37-1-304.   Licensure of out-of-state applicants -- reciprocity. (1) A board may issue a license to practice without examination to a person licensed in another state if the board determines that:

(a) the other state's license standards at the time of application to this state are substantially equivalent to OR GREATER THAN the standards in this state and; AND

(b) the other state's licensure statutes and rules provide for similar reciprocity; and

(c)(B) that there is no reason to deny the license under the laws of this state governing the profession or occupation.

(2) The license may not be issued until the board receives verification from the state or states in which the person is licensed that the person is currently licensed and is not subject to pending charges or final disciplinary action for unprofessional conduct or impairment.

(3) THIS SECTION DOES NOT PREVENT A BOARD FROM ENTERING INTO A RECIPROCITY AGREEMENT WITH THE LICENSING AUTHORITY OF ANOTHER STATE OR JURISDICTION. THE AGREEMENT MAY NOT PERMIT OUT-OF-STATE LICENSEES TO OBTAIN A LICENSE BY RECIPROCITY WITHIN THIS STATE IF THE LICENSE APPLICANT HAS NOT MET STANDARDS THAT ARE SUBSTANTIALLY EQUIVALENT TO OR GREATER THAN THE STANDARDS REQUIRED IN THIS STATE AS DETERMINED BY THE BOARD ON A CASE-BY-CASE BASIS."

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