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68th Legislature 2023 HB 152.1
1 HOUSE BILL NO. 152
2 INTRODUCED BY B. MERCER
3 BY REQUEST OF THE DEPARTMENT OF LABOR AND INDUSTRY
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO PROFESSIONAL AND
6 OCCUPATIONAL LICENSING BY THE DEPARTMENT OF LABOR AND INDUSTRY; REORGANIZING AND
7 CLARIFYING GENERALLY APPLICABLE PROVISIONS UNDER AN ADMINISTRATIVE CHAPTER AND
8 REMOVING REDUNDANT PROVISIONS; INCORPORATING DEPARTMENT LICENSING PROGRAMS INTO
9 THE ADMINISTRATIVE CHAPTER; CREATING A UNIFORM LICENSING APPLICATION PROCESS;
10 REVISING LICENSURE BY ENDORSEMENT AND CHANGING TERMINOLOGY; REDUCING TIMELINES
11 AND REVISING PROVISIONS TO ISSUE LICENSES; REVISING AND CREATING UNIFORM DUTY OF
12 LICENSEE AND LICENSE APPLICANT TO SELF-REPORT AND REPORT UNPROFESSIONAL CONDUCT
13 OF OTHERS; REVISING UNIFORM FINGERPRINTING PROCESS FOR CERTAIN APPLICANTS; REVISING
14 AND CREATING UNIFORM STANDARDS FOR MENTAL AND PHYSICAL EVALUATIONS; REVISING AND
15 CREATING UNIFORM DUTY TO PROVIDE CONTACT INFORMATION; PROVIDING NOTICE OF PRIMARY
16 METHOD OF COMMUNICATION; PROVIDING AUTHORITY TO CONSENT TO NOTICE BY ELECTRONIC
17 PROCESS; REVISING PROVISIONS FOR LICENSE RENEWAL, LAPSE, TERMINATION, AND
18 CONTINUING JURISDICTION; REVISING TEMPORARY LICENSURE TERMINOLOGY AND CREATING A
19 PROVISIONAL LICENSE AND LIMITED PRACTICE REGISTRATION; ESTABLISHING A MILITARY SPOUSE
20 TEMPORARY LICENSE; REVISING MILITARY PERSONNEL EXEMPTIONS; REVISING CONTINUING
21 EDUCATION REQUIREMENTS; REVISING DUTIES OF THE COMMISSIONER OF THE DEPARTMENT OF
22 LABOR AND INDUSTRY; REVISING DUTIES OF THE DEPARTMENT OF LABOR AND INDUSTRY
23 RELATED TO FISCAL ADMINISTRATION OF BOARDS AND PROGRAMS, DETERMINING SUBSTANTIAL
24 EQUIVALENCY, AND INVESTIGATING COMPLAINTS; REVISING AND CLARIFYING PROVISIONS
25 RELATED TO DISCIPLINARY ACTIONS AND CONTESTED CASES; REVISING RESPONSIBILITIES AND
26 AUTHORITY OF BOARDS AND PROGRAMS; PROVIDING RULEMAKING AUTHORITY; AMENDING
27 SECTIONS 2-15-121, 2-15-1738, 2-15-1749, 20-4-502, 20-5-420, 20-9-327, 20-26-1511, 25-1-1101, 27-1-
28 1101, 27-12-206, 28-10-103, 32-9-104, 33-18-217, 33-22-111, 33-30-1013, 33-31-102, 37-1-104, 37-1-106, 37-
-1- Authorized Print Version – HB 152
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68th Legislature 2023 HB 152.1
1 1-121, 37-1-130, 37-1-134, 37-1-141, 37-1-145, 37-1-301, 37-1-303, 37-1-304, 37-1-307, 37-1-308, 37-1-309,
2 37-1-310, 37-1-311, 37-1-312, 37-1-314, 37-1-315, 37-1-316, 37-1-317, 37-1-319, 37-1-320, 37-1-321, 37-2-
3 101, 37-2-401, 37-3-104, 37-3-203, 37-4-205, 37-4-301, 37-4-402, 37-7-201, 37-7-306, 37-7-308, 37-7-323, 37-
4 7-506, 37-7-604, 37-7-703, 37-8-202, 37-8-405, 37-8-409, 37-8-415, 37-8-421, 37-8-422, 37-8-423, 37-8-424,
5 37-8-426, 37-9-301, 37-10-101, 37-12-101, 37-12-104, 37-13-104, 37-14-301, 37-14-302, 37-14-306, 37-14-
6 313, 37-15-103, 37-16-202, 37-16-402, 37-16-411, 37-17-403, 37-18-101, 37-18-104, 37-18-309, 37-18-603,
7 37-18-605, 37-18-701, 37-19-302, 37-19-402, 37-19-403, 37-19-702, 37-19-703, 37-20-301, 37-20-402, 37-22-
8 301, 37-22-307, 37-22-308, 37-22-313, 37-23-202, 37-23-213, 37-24-104, 37-24-108, 37-25-102, 37-25-304,
9 37-26-201, 37-26-301, 37-26-304, 37-27-105, 37-27-312, 37-29-302, 37-31-101, 37-31-301, 37-31-305, 37-31-
10 308, 37-31-311, 37-33-502, 37-34-201, 37-35-202, 37-36-204, 37-37-201, 37-37-205, 37-38-202, 37-40-101,
11 37-42-308, 37-42-321, 37-43-307, 37-43-313, 37-47-201, 37-47-301, 37-47-302, 37-47-304, 37-47-325, 37-47-
12 345, 37-47-404, 37-49-102, 37-50-101, 37-50-102, 37-50-301, 37-50-318, 37-50-325, 37-50-330, 37-50-335,
13 37-50-341, 37-51-306, 37-51-309, 37-51-321, 37-51-324, 37-53-201, 37-53-301, 37-54-102, 37-54-105, 37-54-
14 113, 37-54-301, 37-54-403, 37-54-501, 37-54-502, 37-54-503, 37-60-105, 37-60-202, 37-60-302, 37-60-409,
15 37-66-105, 37-66-303, 37-66-308, 37-67-314, 37-67-317, 37-67-324, 37-67-326, 37-68-102, 37-69-101, 37-69-
16 320, 37-69-401, 37-72-101, 37-72-201, 37-73-101, 37-73-202, 37-73-212, 39-71-417, 41-3-128, 45-5-223, 46-
17 1-202, 49-4-301, 49-4-303, 49-4-305, 50-6-105, 50-6-203, 50-15-101, 50-16-201, 53-21-102, 61-5-123, 80-8-
18 207, 87-1-506, AND 87-5-709, MCA; AND REPEALING SECTIONS 25-1-1102, 37-1-101, 37-1-105, 37-1-131,
19 37-1-132, 37-1-135, 37-1-136, 37-1-137, 37-1-138, 37-1-302, 37-1-305, 37-1-306, 37-1-313, 37-1-401, 37-1-
20 402, 37-1-403, 37-1-404, 37-1-405, 37-1-406, 37-1-407, 37-1-408, 37-1-409, 37-1-410, 37-1-411, 37-1-412, 37-
21 1-413, 37-1-420, 37-3-101, 37-3-201, 37-3-204, 37-3-205, 37-3-206, 37-3-211, 37-3-301, 37-3-305, 37-3-307,
22 37-3-309, 37-3-310, 37-3-312, 37-3-313, 37-3-314, 37-3-321, 37-3-323, 37-3-324, 37-4-102, 37-4-201, 37-4-
23 202, 37-4-204, 37-4-307, 37-4-312, 37-4-313, 37-4-314, 37-4-325, 37-4-327, 37-4-341, 37-4-406, 37-6-106, 37-
24 6-301, 37-6-302, 37-6-305, 37-6-311, 37-7-102, 37-7-202, 37-7-301, 37-7-302, 37-7-309, 37-7-321, 37-7-322,
25 37-7-324, 37-7-605, 37-7-606, 37-7-611, 37-8-101, 37-8-201, 37-8-203, 37-8-401, 37-8-406, 37-8-408, 37-8-
26 416, 37-8-418, 37-8-419, 37-8-425, 37-8-432, 37-8-434, 37-9-102, 37-9-201, 37-9-202, 37-9-203, 37-9-302, 37-
27 9-304, 37-9-305, 37-9-306, 37-10-105, 37-10-201, 37-10-202, 37-10-203, 37-10-301, 37-10-302, 37-10-304,
28 37-10-306, 37-11-201, 37-11-203, 37-11-301, 37-11-303, 37-11-304, 37-11-306, 37-11-307, 37-11-311, 37-11-
-2- Authorized Print Version – HB 152
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68th Legislature 2023 HB 152.1
1 312, 37-11-320, 37-11-321, 37-12-103, 37-12-201, 37-12-202, 37-12-301, 37-12-302, 37-12-304, 37-12-308,
2 37-12-309, 37-12-322, 37-12-323, 37-13-102, 37-13-201, 37-13-301, 37-13-302, 37-13-304, 37-14-101, 37-14-
3 201, 37-14-202, 37-14-305, 37-14-307, 37-14-308, 37-14-311, 37-14-322, 37-15-101, 37-15-201, 37-15-202,
4 37-15-203, 37-15-301, 37-15-302, 37-15-303, 37-15-307, 37-15-310, 37-15-311, 37-16-101, 37-16-201, 37-16-
5 203, 37-16-401, 37-16-406, 37-16-408, 37-16-412, 37-17-201, 37-17-202, 37-17-301, 37-17-302, 37-17-314,
6 37-17-319, 37-17-320, 37-17-401, 37-17-406, 37-18-102, 37-18-201, 37-18-202, 37-18-301, 37-18-302, 37-18-
7 305, 37-18-306, 37-18-308, 37-18-313, 37-18-601, 37-18-606, 37-18-702, 37-18-703, 37-19-201, 37-19-202,
8 37-19-203, 37-19-304, 37-19-307, 37-19-401, 37-19-701, 37-20-202, 37-20-203, 37-20-302, 37-20-411, 37-22-
9 101, 37-23-101, 37-24-102, 37-24-201, 37-24-202, 37-24-203, 37-24-301, 37-24-302, 37-24-303, 37-24-306,
10 37-24-310, 37-25-101, 37-25-201, 37-25-301, 37-25-302, 37-25-303, 37-25-305, 37-25-308, 37-26-102, 37-26-
11 202, 37-26-401, 37-26-402, 37-26-403, 37-26-405, 37-27-102, 37-27-103, 37-27-105, 37-27-201, 37-27-202,
12 37-27-203, 37-27-205, 37-27-210, 37-27-212, 37-27-301, 37-28-101, 37-28-104, 37-28-201, 37-28-202, 37-28-
13 305, 37-29-105, 37-29-201, 37-29-301, 37-29-303, 37-29-306, 37-29-405, 37-31-103, 37-31-201, 37-31-202,
14 37-31-203, 37-31-302, 37-31-303, 37-31-304, 37-31-309, 37-31-323, 37-31-324, 37-31-331, 37-31-333, 37-33-
15 402, 37-33-405, 37-34-102, 37-34-301, 37-34-303, 37-34-305, 37-34-307, 37-35-101, 37-36-102, 37-36-201,
16 37-36-202, 37-36-203, 37-37-101, 37-38-101, 37-40-201, 37-40-202, 37-40-203, 37-40-301, 37-40-302, 37-47-
17 202, 37-47-303, 37-47-305, 37-47-306, 37-47-307, 37-47-308, 37-47-341, 37-47-343, 37-47-351, 37-47-401,
18 37-49-101, 37-49-104, 37-49-201, 37-49-202, 37-50-201, 37-50-202, 37-50-203, 37-50-204, 37-50-302, 37-50-
19 305, 37-50-309, 37-50-314, 37-50-316, 37-51-201, 37-51-202, 37-51-203, 37-51-204, 37-51-205, 37-51-207,
20 37-51-208, 37-51-209, 37-51-301, 37-51-302, 37-51-303, 37-51-308, 37-51-311, 37-51-312, 37-51-601, 37-51-
21 603, 37-51-605, 37-51-607, 37-53-104, 37-53-302, 37-54-111, 37-54-112, 37-54-201, 37-54-202, 37-54-212,
22 37-54-302, 37-54-303, 37-54-305, 37-54-310, 37-54-415, 37-60-103, 37-60-201, 37-60-211, 37-60-301, 37-60-
23 303, 37-60-304, 37-60-309, 37-60-310, 37-60-314, 37-60-320, 37-60-401, 37-65-101, 37-65-201, 37-65-202,
24 37-65-203, 37-65-204, 37-65-301, 37-65-302, 37-65-303, 37-65-307, 37-65-310, 37-65-311, 37-66-102, 37-66-
25 104, 37-66-301, 37-66-302, 37-66-304, 37-66-309, 37-67-102, 37-67-201, 37-67-202, 37-67-203, 37-67-204,
26 37-67-301, 37-67-312, 37-67-313, 37-67-322, 37-67-323, 37-67-325, 37-67-327, 37-67-329, 37-67-331, 37-68-
27 101, 37-68-201, 37-68-202, 37-68-301, 37-68-302, 37-68-304, 37-68-305, 37-68-308, 37-68-311, 37-68-313,
28 37-68-315, 37-68-316, 37-69-103, 37-69-201, 37-69-202, 37-69-203, 37-69-303, 37-69-304, 37-69-305, 37-69-
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68th Legislature 2023 HB 152.1
1 306, 37-69-308, 37-69-310, 37-69-311, 37-69-319, 37-69-323, 37-69-402, 37-69-403, 37-72-102, 37-72-202,
2 37-72-203, 37-72-301, 37-72-302, 37-72-304, 37-72-305, 37-72-307, 37-73-102, 37-73-203, 37-73-204, 37-73-
3 208, 37-73-216, 37-73-220, 37-73-221, 37-73-225, 37-73-226, AND 37-73-227, MCA.”
4
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
6
7 NEW SECTION. Section 1. Application -- licensing -- proof of licensure. (1) To obtain a license or
8 an endorsement on a license to practice a profession or occupation or to operate a facility in which the practice
9 takes place, a person must apply on a form and pay a fee prescribed by the department. The applicant must
10 attest to and provide evidence satisfactory to the department that the applicant:
11 (a) (i) meets the education, experience, examination, and other qualifications for licensure set by
12 board or program statute or rule; or
13 (ii) is eligible for licensure by endorsement from licensure in another jurisdiction as provided in 37-
14 1-304; and
15 (b) is fit to practice the profession or occupation, as shown by an absence of unprofessional
16 conduct in the applicant’s history.
17 (2) Except as otherwise provided by law, an applicant must provide the applicant’s social security
18 number or taxpayer identification number.
19 (3) An applicant’s submission of a license application constitutes consent to release information as
20 may be necessary for the department to verify the information provided by the applicant.
21 (4) Except as provided by [section 11], on verification by the department that an applicant meets
22 the qualifications and fitness for licensure, the department shall issue the license, subject to the renewal and
23 termination provisions of 37-1-141.
24 (5) Unless otherwise provided by board or program rule, a licensee must
25 (a) continuously display the license in publicly accessible locations at any fixed location where the
26 licensee practices; or
27 (b) while engaged in a practice that occurs outside of any fixed location, carry a department-issued
28 paper or electronic license and produce it on request by a member of the public or an agency.
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68th Legislature 2023 HB 152.1
1 (6) (a) The boards and programs under this chapter have sole jurisdiction to issue and regulate
2 licenses to practice the professions and occupations. A municipality or other political subdivision of the state,
3 including a local government with self-governing powers, may not impose a licensee fee or license tax as a
4 condition for any licensee to practice the licensee's profession or occupation.
5 (b) This section does not prohibit the entities in subsection (6)(a) from imposing a general business
6 license fee or general business license tax as a condition to conduct business in their respective jurisdictions.
7 (7) Except as provided by law, a license issued by the department is nontransferable.
8
9 NEW SECTION. Section 2. Timelines to issue licenses. (1) The department shall issue a license
10 within 30 days of receiving a complete, routine application.
11 (2) The department shall notify an applicant within 10 days of receiving an application or
12 supplemental application information of any deficiencies in the application.
13 (3) For applications that are not routine or that require board review, the department shall notify
14 the applicant of an expected timeline for issuing a license and any deviations from the expected timeline.
15
16 NEW SECTION. Section 3. Duty to report contact information -- method of communication and
17 service -- fee -- changes in information. (1) A license applicant must disclose the applicant’s current contact
18 information as requested by the department.
19 (2) Except as provided in subsection (3), the department shall use licensee and license applicant
20 and e-mail addresses as the primary contact and method of communication.
21 (3) The department shall serve any notice or order:
22 (a) pursuant to the Montana Rules of Civil Procedure;
23 (b) by certified mail to the last address furnished to the agency by the licensee or license applicant;
24 or
25 (c) if consented to by the licensee or license applicant, by electronic means.
26 (4) The department may impose a reasonable fee for service of process or recover the reasonable
27 costs of service if a licensee or license applicant fails to consent to process by electronic means.
28 (5) Licensees and license applicants must notify the department within 30 days of any change in
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68th Legislature 2023 HB 152.1
1 any information previously furnished to the department, including but not limited to personal history information,
2 individual or business name, contact information, supervisory relationships, supervisory or collaborative
3 agreements, operation plans, designated individuals or licensees in charge, business location, and officers,
4 directors, or owners.
5
6 NEW SECTION. Section 4. National criminal history background check -- applicant and
7 licensee fingerprinting requirements. (1) In accordance with Public Law 92-544, 34 U.S.C. 40316, the
8 boards or programs listed in subsections (2) through (9) shall require initial applicants, and may require
9 renewing license applicants, for the listed license types to submit a full set of fingerprints to obtain a national
10 criminal history background check by the Montana department of justice and the federal bureau of investigation
11 as a prerequisite to the issuance or renewal of a license. The department may use and control criminal record
12 information received under this section only in accordance with laws, regulations, and procedures of the U.S.
13 department of justice under the National Crime Prevention and Privacy Compact Act of 1998 to administer the
14 licensing process and assist the listed licensing agencies to screen licensees and license applicants:
15 (2) Board of behavioral health, Title 37, chapters 22, 23, 35, 37, and 38:
16 (a) baccalaureate social worker;
17 (b) clinical professional counselor;
18 (c) clinical professional counselor candidate;
19 (d) clinical social worker;
20 (e) clinical social worker candidate;
21 (f) marriage family therapist;
22 (g) marriage family therapist candidate;
23 (h) master's-level social worker; and
24 (i) peer support specialist.
25 (3) Board of medical examiners, Title 37, chapter 3: physician compact license applicants under
26 37-3-356.
27 (4) Board of nursing, Title 37, chapter 8:
28 (a) advanced practice registered nurse;
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68th Legislature 2023 HB 152.1
1 (b) medication aide 1;
2 (c) medication aide 2;
3 (d) practical nurse; and
4 (e) registered nurse.
5 (5) Board of pharmacy, Title 37, chapter 7:
6 (a) third-party logistics provider; and
7 (b) wholesale distributor.
8 (6) Board of physical therapy, Title 37, chapter 11:
9 (a) physical therapist; and
10 (b) physical therapy assistant.
11 (7) Board of private security, Title 37, chapter 60:
12 (a) alarm installer;
13 (b) alarm response runner;
14 (c) certified firearms instructor;
15 (d) private investigator;
16 (e) process server;
17 (f) resident manager; and
18 (g) security guard.
19 (8) Board of psychology, Title 37, chapter 17: behavior analyst.
20 (9) Board of real estate appraisers, Title 37, chapter 54:
21 (a) appraiser trainee;
22 (b) certified general appraiser;
23 (c) certified residential ap