This bill aims to revise laws concerning mental and physical evaluations for professional licensees in Montana, establishing a standardized review process for evaluation requests made by licensing boards and the Department of Labor and Industry. It allows boards, such as the alternative health care board and the board of behavioral health, to require evaluations of licensees or applicants if there is a reasonable belief that they pose a significant risk to public health and safety. The evaluations will assess the impact of any mental or physical impairments or substance use on the individual's professional performance, considering factors like the duration and severity of the risk, and the likelihood of potential harm. Additionally, the bill grants boards the authority to suspend licenses or halt application processing for individuals who refuse to undergo evaluations.

The bill also amends existing sections of the Montana Code Annotated (MCA) related to investigations of licensees. It removes previous language that allowed for evaluations to be ordered by the board during investigations and instead emphasizes that evaluations can be required when there is a suspicion of mental or physical incapacity. The amendments include changes to the terminology used, such as replacing "hospital" with "medical" records, and clarifying that any examinations must be conducted by physicians approved by the board. Overall, the bill seeks to enhance public safety by ensuring that professionals are fit to practice while providing a clear framework for evaluations and investigations.

Statutes affected:
LC Text: 37-3-323, 37-6-311, 37-12-322
HB0238_1(1): 37-3-323, 37-6-311, 37-12-322
HB0238_1(2): 37-3-323, 37-6-311, 37-12-322
HB0238_1(3): 37-3-323, 37-6-311, 37-12-322
HB0238_1(4): 37-3-323, 37-6-311, 37-12-322
HB0238_1(5): 37-3-323, 37-6-311, 37-12-322
HB0238_1(6): 37-3-323, 37-6-311, 37-12-322
HB0238_1(7): 37-3-323, 37-6-311, 37-12-322
HB0238_1: 37-3-323, 37-6-311, 37-12-322
HB0238_2(1): 37-3-323, 37-6-311, 37-12-322
HB0238_2(2): 37-3-323, 37-6-311, 37-12-322
HB0238_2(3): 37-3-323, 37-6-311, 37-12-322
HB0238_2(4): 37-3-323, 37-6-311, 37-12-322
HB0238_2(5): 37-3-323, 37-6-311, 37-12-322
HB0238_2(6): 37-3-323, 37-6-311, 37-12-322
HB0238_2(7): 37-3-323, 37-6-311, 37-12-322
HB0238_2(8): 37-3-323, 37-6-311, 37-12-322
HB0238_2: 37-3-323, 37-6-311, 37-12-322
HB0238_X(1): 37-3-323, 37-6-311, 37-12-322
HB0238_X(2): 37-3-323, 37-6-311, 37-12-322
HB0238_X(3): 37-3-323, 37-6-311, 37-12-322
HB0238_X(4): 37-3-323, 37-6-311, 37-12-322
HB0238_X(5): 37-3-323, 37-6-311, 37-12-322
HB0238_X: 37-3-323, 37-6-311, 37-12-322