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HOUSE BILL NO. 105
INTRODUCED BY K. SULLIVAN
BY REQUEST OF THE DEPARTMENT OF LABOR AND INDUSTRY
AN ACT REQUIRING PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS TO LICENSE OUT-OF-STATE APPLICANTS WITH EQUIVALENT LICENSES; AMENDING SECTION 37-1-304, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
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 shall 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
(b) there is no reason to deny the license under the laws of this state governing the profession or occupation.
(2) The license may be issued if the applicant affirms or states in the application that the applicant has requested 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. If the board or its screening panel finds reasonable cause to believe that the applicant falsely affirmed or stated that the applicant has requested verification from the other another state or states, the board may summarily suspend the license pending further action to discipline or revoke the license.
(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."
Section 2. Effective date. [This act] is effective on passage and approval.
- END -
Latest Version
of HB 105 (HB0105.ENR)
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