1999 Montana Legislature

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SENATE BILL NO. 108

INTRODUCED BY D. BERRY

BY REQUEST OF THE DEPARTMENT OF COMMERCE

Montana State Seal

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 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; CHANGING THE REQUIRED NUMBER OF MEETINGS FOR THE BOARD OF SANITARIANS; MODIFYING EXAMINATION PROCEDURES FOR ACCOUNTANTS; 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; AND PROVIDING EFFECTIVE DATES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 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.  Section 37-1-307, MCA, is amended to read:

     "37-1-307.  (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.  Section 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) 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 violation of the provisions of this chapter constitutes a separate offense."



     Section 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.  Section 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.  Section 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 violation of the provisions of this chapter constitutes a separate offense."



     Section 7.  Section 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)  is 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.  Section 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' bureau or 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)  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.

     (7)  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 professional judgment over all qualitative and quantitative aspects of the delivery of dental care."



     Section 9.  Section 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 not impose a license fee on a dentist licensed under this chapter."



     Section 10.  Section 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.  Section 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.  Section 37-18-302, MCA, is amended to read:

     "37-18-302.  Application -- qualification -- fee. A person desiring to begin the practice of veterinary medicine 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.  Section 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 by rule, 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.  Section 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.  Section 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)  Upon 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)  An 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.  Section 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 a license for the practice of denturitry in order to perform the following acts:

     (a)(1)  engaging or offering to engage in the practice of denturitry; or

     (b)(2)  use 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.  Section 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)  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)  Applicants 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 practical examinations, or both."



     Section 18.  Section 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)  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)  All teeth Teeth and materials used shall must meet American dental association standards.

     (12)(3)  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.  Section 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

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.  Section 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.  Section 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.  Section 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. A licensed or certified real estate appraiser shall comply with these standards 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 public hearing 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."



     Section 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].



     Section 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 this section] are effective on passage and approval.

     (3) [Section 7] is effective October 1, 2001.

- END -




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