Montana § 2-8-402 Intent To Create New Board

Montana Statutes

§ 2-8-402 — Intent To Create New Board

Montana § 2-8-402

Title 2GOVERNMENT STRUCTURE AND ADMINISTRATION

Ch. 8LEGISLATIVE REVIEW

Part 4Procedure for Creating New Professional or Occupational Boards -- Review of Existing Boards

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Bluebook

Mont. Code Ann. § 2-8-402 (2026).

Text

2-8-402 . Intent to create new board.

(1)A bill draft request to create a department of labor and industry licensing board or licensing program must include a report that addresses:

(a)how licensing would protect and benefit the public;

(b)how the unregulated practice of the profession or occupation would pose a hazard to public health, safety, or welfare and whether the nature of the profession or occupation makes it difficult for the consumer to evaluate the hazard;

(c)the proposed minimum education, experience, and examination requirements necessary to provide the service, comparative data, and analysis on the licensure of the profession or occupation in other states and whether the proposed requirements are greater, less than, or equal to a national average;

(d)the proposed scope

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2-8-402 . Intent to create new board. (1) A bill draft request to create a department of labor and industry licensing board or licensing program must include a report that addresses:
(a) how licensing would protect and benefit the public;
(b) how the unregulated practice of the profession or occupation would pose a hazard to public health, safety, or welfare and whether the nature of the profession or occupation makes it difficult for the consumer to evaluate the hazard;
(c) the proposed minimum education, experience, and examination requirements necessary to provide the service, comparative data, and analysis on the licensure of the profession or occupation in other states and whether the proposed requirements are greater, less than, or equal to a national average;
(d) the proposed scope of practice;
(e) a description of any overlapping scopes of practice with professions or occupations, whether licensed or not;
(f) an analysis of the impact licensure would have on the type, cost, and availability of services to consumers, the number of providers currently in the market, and other impacts on market conditions;
(g) a description of any licensure exceptions;
(h) existing practitioners and the date by which they would be required to meet proposed qualifications;
(i) a list of other states that license the profession or occupation;
(j) regulatory alternatives other than licensing that are available to the practitioners of the profession or occupation;
(k) previous efforts, if any, to regulate the profession or occupation; and
(l) whether the profession or occupation could be regulated by an existing licensing board or licensing program.
(2) To estimate initial costs, the report must address:
(a) the number of licensees anticipated and a basis for the estimate;
(b) if a licensing board is proposed, the proposed makeup of the licensing board membership; and
(c) the projected annual licensing fees based on information from the department of labor and industry for all costs associated with a licensing board or licensing program of the projected size.
(3) If information is requested of the department of labor and industry in making a report under this section, the department may charge reasonable fees commensurate with the costs of producing the information.