Issue 3 - the Montana Secretary of State Website
Issue 3 - the Montana Secretary of State Website Issue 3 - the Montana Secretary of State Website
-292- (a) application for course approval; (b) verification of continuing education attendance; and (c) remains the same. AUTH: 37-1-319, 37-16-202, MCA IMP: 37-1-131, 37-1-306, 37-16-407, MCA REASON: Authority and implementation cites are being amended to accurately reflect all statutes implemented through the rule, provide the complete sources of the board's rulemaking authority, and delete reference to a repealed statute. 24.150.2204 STANDARDS FOR APPROVAL (1) through (3) remain the same. (4) Each course or program shall clearly state the educational objective that can be realistically accomplished within the course and the number of clock hours which may be obtained by completion of a specified course. (5) Instructors shall be qualified to teach the specified course content by virtue of their prior education, training, and experience. A resume of each instructor's qualifications shall be forwarded with submitted to the application board. (6) and (7) remain the same. AUTH: 37-1-319, 37-16-202, MCA IMP: 37-1-131, 37-1-306, 37-16-407, MCA REASON: Authority and implementation cites are being amended to accurately reflect all statutes implemented through the rule, provide the complete sources of the board's rulemaking authority, and delete reference to a repealed statute. 24.150.2301 UNPROFESSIONAL CONDUCT (1) For the purpose of implementing the provisions of Title 37, chapter chapters 1 and 16, MCA, and in addition to the unprofessional conduct provisions set forth at 37-1-316 MCA, in statute, the board defines unprofessional conduct as follows: (1) the use in advertising or otherwise, of the words "prescribe" or "prescription" or any abbreviation, variation or derivative thereof or symbol therefore in referring to or in describing any industry product unless such product was made pursuant to a prescription given by a physician; provided, however, that the word "prescription" or words of similar meaning may be used to refer to or describe an industry product which was specifically made to compensate for the hearing loss of a particular purchaser patient, in accordance with the directions furnished by a qualified person other than a physician when such words are accompanied by a clear and conspicuous disclosure that the "prescription" was not based on a medical examination and that the person issuing it was not a physician; (a) the use in advertising or otherwise of the words "prescribe" or "prescription" or any abbreviation, variation or derivative thereof or symbol therefore, in referring to or in describing any industry product, unless the industry product was made pursuant to a prescription given by a physician, or unless: 3-2/11/10 MAR Notice No. 24-150-36
-293- (i) the industry product was specifically made to compensate for the hearing loss of a particular patient, in accordance with the directions furnished by a qualified person other than a physician; and (ii) the prohibited words, abbreviations, variations, derivatives or symbols are accompanied by a clear and conspicuous disclosure that: (A) the "prescription" was not based on a medical examination, and (B) the person issuing it was not a physician; (2) (b) initiating contact by telephone, without the dispenser first identifying himself the dispenser by name and company he represents represented, or making more than one such contact, unless further contact is specifically requested by the patient; (3) and (4) remain the same, but are renumbered (c) and (d). (5) engaging in a home solicitation sale without complying with the statutory requirements of the Door to Door Sales Act as set out in 30-14-501, et seq., MCA; (6) (e) failing to comply with the provisions any provision of Title 37, chapter chapters 1 or 16, MCA, or any rule promulgated thereunder; (7) remains the same, but is renumbered (f). (8) (g) failing to follow FDA recommendation as set forth in the warning statement in 21 CFR 801.420(c)(2); (9) remains the same, but is renumbered (h). (10) (i) violating any state, federal, provincial or tribal statute, or administrative rule governing or affecting the professional conduct of any licensee; (11) remains the same, but is renumbered (j). (12) (k) acting in such a manner as to present a danger to public health or safety, or to any patient including, but not limited to, incompetence, negligence, or malpractice; (13) (l) performing services outside of the licensee's area of training, expertise, competence, or scope of practice or licensure, including but not limited to: (a) (i) the purposeful removal of cerumen from a patient's ear is unprofessional conduct;. (14) (m) failing to obtain an appropriate consultation or make an appropriate referral when the problem of the patient is beyond the licensee's training, experience, or competence; (15) (n) promoting for personal gain any drug, device, treatment, procedure, product, or service which is unnecessary, ineffective, or unsafe; (16) remains the same, but is renumbered (o). (17) (p) discontinuing professional services, unless services have been completed, the patient requests the discontinuation, alternative, or replacement services are arranged or the patient is given reasonable opportunity to arrange alternative or replacement services; (18) (q) delegating a professional responsibility to a person when the licensee knows, or has reason to know, that the person is not qualified by training, experience, license, or certification to perform the delegated task; (19) and (20) remain the same, but are renumbered (r) and (s). (21) (t) physical or verbal abuse of a client patient, or sexual contact with a patient; (22) remains the same, but is renumbered (u). MAR Notice No. 24-150-36 3-2/11/10
- Page 1 and 2: MONTANA ADMINISTRATIVE REGISTER ISS
- Page 3 and 4: ENVIRONMENTAL QUALITY, Department o
- Page 5 and 6: -253- BEFORE THE DEPARTMENT OF ADMI
- Page 7 and 8: -255- By: /s/ Janet R. Kelly Janet
- Page 9 and 10: -257- Investigations include, but a
- Page 11 and 12: -259- (2) The GS5 payroll and perso
- Page 13 and 14: -261- (e) claims for vacation, holi
- Page 15 and 16: -263- 7. Lisa Coligan, Department o
- Page 17 and 18: -265- The commentors requested furt
- Page 19 and 20: -267- submitted to Elois Johnson, P
- Page 21 and 22: -269- recodification of the de mini
- Page 23 and 24: -271- BEFORE THE BOARD OF BARBERS A
- Page 25 and 26: -273- (c) proof of high school grad
- Page 27 and 28: -275- REASON: The board determined
- Page 29 and 30: -277- (10) (g) Only only presterili
- Page 31 and 32: -279- (c) Technical instruction and
- Page 33 and 34: -281- (e) outside biological monito
- Page 35 and 36: -283- conduct. Implementation cites
- Page 37 and 38: -285- The board is also proposing g
- Page 39 and 40: -287- license) 550 (e) remains the
- Page 41 and 42: -289- 24.150.503 TRAINEESHIP REQUIR
- Page 43: -291- proof of continuing education
- Page 47 and 48: -295- REASON: ARM 24.150.502 and 24
- Page 49 and 50: -297- mail to dlibsdhad@mt.gov, and
- Page 51 and 52: -299- 24.168.402 LICENSURE REQUIREM
- Page 53 and 54: -301- Board of Optometry, 301 South
- Page 55 and 56: -303- (A) emotional stability and w
- Page 57 and 58: -305- licensee compliance with CE r
- Page 59 and 60: -307- BEFORE THE DEPARTMENT OF ADMI
- Page 61 and 62: -309- Secure and Fair Enforcement f
- Page 63 and 64: -311- In Montana, mortgage broker e
- Page 65 and 66: -313- (3) "Employed by" means: (a)
- Page 67 and 68: -315- BEFORE THE STATE AUDITOR AND
- Page 69 and 70: -317- BEFORE THE DEPARTMENT OF ENVI
- Page 71 and 72: -319- by the department. The applic
- Page 73 and 74: -321- NEW RULE VII (17.50.1006) FAU
- Page 75 and 76: -323- that land. The notation must,
- Page 77 and 78: -325- (c) the volume and physical a
- Page 79 and 80: -327- (2) Ground water monitoring r
- Page 81 and 82: -329- another alternative for analy
- Page 83 and 84: -331- 2 Chemical Abstract Service r
- Page 85 and 86: -333- ether; DCIP, See footnote 4 B
- Page 87 and 88: -335- Ethyldidene chloride 1,2-Dich
- Page 89 and 90: -337- Ethyl methacrylate 97-63-2 2-
- Page 91 and 92: -339- o-Nitrophenol; 2-Nitrophenol
- Page 93 and 94: -341- Vanadium (Total) Vanadium Vin
-292-<br />
(a) application for course approval;<br />
(b) verification <strong>of</strong> continuing education attendance; and<br />
(c) remains <strong>the</strong> same.<br />
AUTH: 37-1-319, 37-16-202, MCA<br />
IMP: 37-1-131, 37-1-306, 37-16-407, MCA<br />
REASON: Authority and implementation cites are being amended to accurately<br />
reflect all statutes implemented through <strong>the</strong> rule, provide <strong>the</strong> complete sources <strong>of</strong> <strong>the</strong><br />
board's rulemaking authority, and delete reference to a repealed statute.<br />
24.150.2204 STANDARDS FOR APPROVAL (1) through (3) remain <strong>the</strong><br />
same.<br />
(4) Each course or program shall clearly state <strong>the</strong> educational objective that<br />
can be realistically accomplished within <strong>the</strong> course and <strong>the</strong> number <strong>of</strong> clock hours<br />
which may be obtained by completion <strong>of</strong> a specified course.<br />
(5) Instructors shall be qualified to teach <strong>the</strong> specified course content by<br />
virtue <strong>of</strong> <strong>the</strong>ir prior education, training, and experience. A resume <strong>of</strong> each<br />
instructor's qualifications shall be forwarded with submitted to <strong>the</strong> application board.<br />
(6) and (7) remain <strong>the</strong> same.<br />
AUTH: 37-1-319, 37-16-202, MCA<br />
IMP: 37-1-131, 37-1-306, 37-16-407, MCA<br />
REASON: Authority and implementation cites are being amended to accurately<br />
reflect all statutes implemented through <strong>the</strong> rule, provide <strong>the</strong> complete sources <strong>of</strong> <strong>the</strong><br />
board's rulemaking authority, and delete reference to a repealed statute.<br />
24.150.2301 UNPROFESSIONAL CONDUCT (1) For <strong>the</strong> purpose <strong>of</strong><br />
implementing <strong>the</strong> provisions <strong>of</strong> Title 37, chapter chapters 1 and 16, MCA, and in<br />
addition to <strong>the</strong> unpr<strong>of</strong>essional conduct provisions set forth at 37-1-316 MCA, in<br />
statute, <strong>the</strong> board defines unpr<strong>of</strong>essional conduct as follows:<br />
(1) <strong>the</strong> use in advertising or o<strong>the</strong>rwise, <strong>of</strong> <strong>the</strong> words "prescribe" or<br />
"prescription" or any abbreviation, variation or derivative <strong>the</strong>re<strong>of</strong> or symbol <strong>the</strong>refore<br />
in referring to or in describing any industry product unless such product was made<br />
pursuant to a prescription given by a physician; provided, however, that <strong>the</strong> word<br />
"prescription" or words <strong>of</strong> similar meaning may be used to refer to or describe an<br />
industry product which was specifically made to compensate for <strong>the</strong> hearing loss <strong>of</strong> a<br />
particular purchaser patient, in accordance with <strong>the</strong> directions furnished by a<br />
qualified person o<strong>the</strong>r than a physician when such words are accompanied by a<br />
clear and conspicuous disclosure that <strong>the</strong> "prescription" was not based on a medical<br />
examination and that <strong>the</strong> person issuing it was not a physician;<br />
(a) <strong>the</strong> use in advertising or o<strong>the</strong>rwise <strong>of</strong> <strong>the</strong> words "prescribe" or<br />
"prescription" or any abbreviation, variation or derivative <strong>the</strong>re<strong>of</strong> or symbol <strong>the</strong>refore,<br />
in referring to or in describing any industry product, unless <strong>the</strong> industry product was<br />
made pursuant to a prescription given by a physician, or unless:<br />
3-2/11/10 MAR Notice No. 24-150-36