§ 37-1-302 — Definitions

Montana § 37-1-302

• Jurisdiction: Montana
• Title 37: PROFESSIONS AND OCCUPATIONS
• Ch. 1: GENERAL PROVISIONS
• Part 3: Uniform Professional Licensing and Regulation Procedures

Text

37-1-302 . Definitions. As used in this part, the following definitions apply:
(1) "Board" means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121 .
(2) "Complaint" means a written allegation filed with a board that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant.
(3) "Department" means the department of labor and industry.
(4) "Inspection" means the periodic examination of premises, equipment, or procedures or of a practitioner by the department to determine whether the practitioner's profession or occupation is being conducted in a manner consistent with the public health, safety, and welfare.
(5) "Investigation" means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a written complaint or other information before a board, that is carried out for the purpose of determining:
(a) whether a person has violated a provision of law justifying discipline against the person;
(b) the status of compliance with a stipulation or order of the board;
(c) whether a license should be granted, denied, or conditionally issued; or
(d) whether a board should seek an injunction.
(6) "License" means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration.
(7) "Profession" or "occupation" means a profession or occupation regulated by a board.
(8) (a) "Substantial equivalency" or "substantially equivalent" means that the education, examination, and experience requirements contained in the statutes and rules of another jurisdiction are comparable to or exceed the education, examination, and experience requirements contained in the licensing provisions of a profession or occupation under Title 37. When ascertaining substantial equivalency, the respective board or the department, as applicable, shall consider the qualifications without regard to the sequence in which the experience, education, and examination requirements were attained.
(b) For occupations and professions under the authority of a board, the board shall determine substantial equivalency.
(c) For occupations and professions under the authority of a department program, the department shall determine substantial equivalency.

Legislative History

En. Sec. 2, Ch. 429, L. 1995; amd. Sec. 110, Ch. 483, L. 2001; amd. Sec. 14, Ch. 467, L. 2005; amd. Sec. 9, Ch. 502, L. 2007; amd. Sec. 1, Ch. 76, L. 2025.