BEFORE THE BOARD OF MEDICAL EXAMINERS

                             DEPARTMENT OF LABOR AND INDUSTRY

                                               STATE OF MONTANA

 

In the matter of the amendment of ARM 24.156.1410 audit and CE reporting requirements and the repeal of 24.156.1414 continuing education audit

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

            1. On May 25, 2021, at 1:30 p.m., a public hearing will be held via remote conferencing to consider the proposed amendment and repeal of the above-stated rules. Because there currently exists a state of emergency in Montana due to the public health crisis caused by the coronavirus, there will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways:

            a. Join Zoom Meeting, https://mt-gov.zoom.us/j/81789654593?pwd=ajJIeWFJWXlmRm9IcVVSZGZUdVYwUT09

                  Meeting ID: 817 8965 4593, Passcode: 676774

                  -OR-

            b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656

                  Meeting ID: 817 8965 4593, Passcode: 676774

 

            The hearing will begin with a brief introduction by department staff to explain the use of the videoconference and telephonic platform. All participants will be muted except when it is their time to speak.

 

            2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Medical Examiners no later than 5:00 p.m., on May 18, 2021, to advise us of the nature of the accommodation that you need. Please contact Samuel Hunthausen, Board of Medical Examiners, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2360; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or [email protected] (board's e-mail).

 

            3. The rule proposed to be amended is as follows, stricken matter interlined, new matter underlined:

 

            24.156.1410 AUDIT AND CE REPORTING REQUIREMENTS (1) Each licensee shall maintain a record of courses attended on a form approved by the board, attesting to the number of accredited continuing education hours completed each year affirm an understanding of their recurring duty to comply with CE requirements as a part of license renewal.

            (2) The department may randomly audit up to 50 percent of renewed licensees.

            (3) All CE must be documented to show proof of completion. The licensee is responsible for maintaining CE records for one year following the renewal cycle reporting period and for making the records available upon request. Documentation must include the following information:

            (a) licensee name;

            (b) course title and description of content;

            (c) presenter or sponsor;

            (d) course date(s); and

            (e) number of CE hours earned.

            (4) Licensees found to be in noncompliance with CE requirements may be subject to administrative suspension. Licensees may not apply CE hours used to complete delinquent CE requirements for the next reporting period.

 

            AUTH: 37-1-131, 37-1-319, 37-13-201, MCA

            IMP:     37-1-131, 37-1-306, 37-1-319, 37-1-321, 37-13-201, MCA

 

REASON:  In response to recommendations from the department's legal staff, the board is proposing to amend its rules on acupuncturist continuing education to align with 37-1-306, MCA, and standardized department procedures. This alignment will standardize renewal, administrative suspension, and audit procedures across all boards, therefore increasing organizational efficiency.  The department determination of audit percentages will conserve board resources and emphasize a data-driven approach to audit administration.  Further amendments also clarify that licensees not in compliance with continuing education requirements may be subject to administrative suspension in alignment with 37-1-321, MCA.

            Implementation citations are being amended to accurately reflect all statutes implemented through the rule.

 

            4. The rule proposed to be repealed is as follows:

 

            24.156.1414 CONTINUING EDUCATION AUDIT

 

            AUTH: 37-1-131, 37-1-319, 37-13-201, MCA

            IMP:     37-1-131, 37-1-306, 37-13-201, MCA

 

REASON: Relevant sections are being relocated to ARM 24.156.1410.

 

            5. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Board of Medical Examiners, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or e-mail to [email protected], and must be received no later than 5:00 p.m., May 28, 2021.

 

            6. An electronic copy of this notice of public hearing is available at http://boards.bsd.dli.mt.gov/med (department and board's web site). Although the department strives to keep its web sites accessible at all times, concerned persons should be aware that web sites may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing a web site do not excuse late submission of comments.

 

            7. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding all board administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to the Board of Medical Examiners, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; faxed to the office at (406) 841-2305; e-mailed to [email protected]; or made by completing a request form at any rules hearing held by the agency.

 

            8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

            9. Regarding the requirements of 2-4-111, MCA, the board has determined that the amendment of ARM 24.156.1410 will not significantly and directly impact small businesses.

            Regarding the requirements of 2-4-111, MCA, the board has determined that the repeal of ARM 24.156.1414 will not significantly and directly impact small businesses.

            Documentation of the board's above-stated determinations is available upon request to the Board of Medical Examiners, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2360; facsimile (406) 841-2305; or to [email protected].

 

            10. Samuel Hunthausen, Executive Officer, has been designated to preside over and conduct this hearing.

 

	BOARD OF MEDICAL EXAMINERS TAMMY SCOTT, PA-C PRESIDENT
/s/ DARCEE L. MOE Darcee L. Moe Rule Reviewer	/s/ LAURIE ESAU Laurie Esau, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State April 20, 2021.